Mobile App End User Terms Last updated on 02 / 09 / 2019
You agree to check these Terms as they may change from time to time and you also agree to these Terms and your continued use of the Mobile App and/or Website is in agreement to whatever terms may change herein or within the published terms in the Ever Poll Mobile App (on the App Store and in Google Play). We are currently in the process of perfecting the App so we appreciate your patience. From time to time we may be testing and you may land on the 35M spot on the Prize Wheel. You should monitor the FAQ page within the App to be aware of times when we're testing, which are times the 35M is not permitted to be won.
1. License Grant
1.1 Ever Poll grants you a revocable, non-exclusive, non-transferrable, limited right to install and use the App on a mobile telephone or other device controlled by you (each a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the Ever Poll General Terms of Service for the purposes Ever Poll makes such Services available.
2. Reservation of Rights
2.1 A license to use an App does not transfer to you any right, title or interest in or to any of Ever Poll intellectual property rights or those of our suppliers or licensors. Such intellectual property rights include those on our Legal Notices page. The App has been licensed, not sold, to you. Other than the limited license granted, you have no other right, title or interest in the Service, Software or Documentation. Any rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise. Ever Poll does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by Ever Poll and its licensors. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Ever Poll or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the Services are displayed by means of the App; (v) install, use or permit the App to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of your separate downloads of the App, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the App on the specific Mobile Device for which it was downloaded); (vi) distribute or link the Services to multiple Mobile Devices or other services; (vii) make the Services available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.
2.2 Portions of each App may subject to terms, rules, and notices provided on the Legal Notices page, including open source licenses, provided by Ever Poll's licensors. Any licenses granted pursuant to this Mobile App End User Terms do not alter any rights and obligations you may have under such terms, rules, and notices. By using the App, you agree that you have read, understand and agree to be bound by such terms, rules, and notices on the Legal Notices page. The licensors listed in on the Legal Notices page are intended third-party beneficiaries of the applicable terms of this Mobile App End User Terms, and your acceptance of this Mobile App End User Terms means the licensors shall have the right to enforce this Mobile App End User Terms against you as a third-party beneficiary.
2.3 You may not use or otherwise export or re-export the Services or App except as authorized by United States law and the laws of the jurisdiction(s) in which any Service or the App was obtained. You represent and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the Services or the App for any purposes prohibited by United States law.
2.4 The App is “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to the Software and Documentation are limited by this Agreement pursuant to FAR § 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, App is being licensed to the U.S. Government end users: (i) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (ii) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this Agreement.
3. Using Apps
3.2 Ever Poll has no obligation to maintain or support any App. Ever Poll may, without further notice to you, periodically access your Mobile Device remotely to update, modify, add to or upgrade the App. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing your data to prevent this from occurring.
3.3 You acknowledge and understand that certain Services or aspects of the App require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, Ever Poll does not charge for the use of Services, but carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
3.4 The functional use of the Services and App may be dependent on the data related to your geographic location and geopositional data, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services and the App. Ever Poll makes no warranty with respect to the accuracy of Services provided to you in reliance on location and geopositional data provided by you, the App or via your Mobile Device.
3.5 When using the Services and App, you shall: (i) observe all traffic laws and otherwise drive safely; (ii) use your good personal judgment while driving, and if you feel that any directions or route suggested by the Services or App instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider to be unsafe, then you will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the App, unless your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
3.6 Ever Poll does not guarantee that any feature will always be working perfectly, as such you agree to not hold Ever Poll liable if there is a malfunction of any type that affects your Stars/Cashout Balance or winnings. We are currently in the process of perfecting the App so we appreciate your patience. From time to time we may be testing and you may land on the 35M spot on the Prize Wheel. You should monitor the FAQ page within the App to be aware of times when we're testing, which are times the 35M is not permitted to be won.
4.1 Ever Poll makes no representation that any third party mobile device platform or service provider has endorsed the Services, and you should not rely on the availability of the App by means of any App catalog, storefront, or other means of downloading as an endorsement of the App, the Services or Ever Poll generally. In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the App.
4.2 THE LOCATION-BASED SERVICES ARE INTENDED ONLY AS FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE APP OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
4.3 NEITHER EVER POLL, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT YP AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. THE USER, WHETHER AN INDIVIDUAL OR ADVERTISER, OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE APP AND SERVICES GENERALLY.
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