Universal Terms of Service Agreement
Welcome to Kauai Bike Explorer (“the App”), a mobile application designed to navigate and guide users through the beautiful island of Kauai. Discover nearest attractions, landmarks, and dining places on the island with ease.
By using the App, you agree to be bound by these Terms of Service (“Agreement”). Please read this Agreement carefully before using the App.
- Acceptance of Agreement
By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you should not use the App.
- License to Use the App
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial use only. You may not copy, modify, distribute, sell, or transfer any part of the App without our prior written consent.
- Use of the App
You agree to use the App for lawful purposes only and in accordance with this Agreement. You will not use the App in any way that violates any applicable federal, state, local, or international law or regulation. You will not use the App to transmit any viruses, malware, or other harmful code.
- User Content
The App may allow you to submit or upload content, such as reviews, ratings, or comments (“User Content”). By submitting or uploading User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content worldwide in any media.
You represent and warrant that you own or control all rights in and to your User Content and have the right to grant the above license to us. You agree not to submit or upload any User Content that is unlawful, defamatory, obscene, offensive, or otherwise objectionable.
- Intellectual Property Rights
The App and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, and the design, selection, and arrangement thereof, are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Disclaimer of Warranties
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting