Last Revised: October 5, 2018
Stops.com Ltd. (“Stops”, “Company”, “we” or “us”) welcome you to our online social platform available through our mobile app, which offers a pixel-tag based social network, photo gallery and communications app (hereinafter, the “App”). Stops enables its users to take photos, tag them, add information, discover other user’s tags, converse, share information and experiences and much more (the “Services”, as further defined below). Each of the App’s users (“User” or “you”) is invited to use and enjoy our App in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By logging to, connecting to, accessing or using our App, you acknowledge that you have read
Please note that our Services evolve constantly and may therefore change from time to time, at our discretion.
2. What is Stops?
Stops is an online social App which offers an online community based on location intelligence, created by members of the community Pixel-Tagging (as defined below) real world locations, subjects, events, experiences and so forth. Thus, through use of the App you’ll be able to discover new information, places and experiences which may be of interest to you (“Discover Mode“). In addition, you may choose to contribute to our online community by uploading photos, Pixel-Tagging (as defined below) photos and appending information to such to Pixel-Tags through our Pixel-Tagging platform (“Tagging Mode“). Our app also enables you to discover and communicate with friend and acquaintances, or other Users from the Stops community with which you share similar interests and common interest, through our discussion groups called Cubes (“Cubes“) or directly with your friends (“Messenger“) through the App’s messaging feature. You may also use of the App as a photo gallery (Collectively, the “Services“).
The App provides you with information regarding our Services, including any content related thereto such as contact information, materials, text, logos, button icons, images, data compilations, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, interface, GUI, interactive features related graphics and other features obtained from or through the App (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO STOPS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. STOPS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN.
WE, AT STOPS, TAKE GREAT MEASURES TO PROVIDE YOU WITH THE BEST EXPERIENCE YOU CAN HAVE WHILE USING STOPS’ APP AND SERVICES. HOWEVER, STOPS HAS NO CONTROL OVER THE CONDUCT OF ANY OTHER USER AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
YOUR USE OF THE APP, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
3. Account Registration
Please note that if you select a username for your Account, we reserve the right to remove or reclaim it if we believe it is appropriate (e.g. if it infringes trademark rights or if we determine it to be inappropriate).
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be expose to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Stops. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
Note that you will be able to edit or remove, at any time, any information contained in your personal Account. You may do so by using the “Edit Profile” button. You also have the “right to be forgotten” and may select at any time to delete your entire account via the Setting panel or by request to: email@example.com
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
There are certain conducts which are strictly prohibited on the App. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to Stops and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf; (a) use Stops’ App for any illegal, unlawful or unauthorized purposes; (b) allow access to your Account to anyone other than yourself, including, without limitation, any persons who are under the age of 13. You accept full responsibility for any unauthorized use of the App and/or Service on your behalf, including by minors; (c) remove or disassociate, from the Content and/or the App any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access Stops’ App and retrieve, index and/or data-mine any information; (e) interfere with or disrupt the operation of Stops’ App or the servers or networks that host Stops’ App, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your App, your business or any statement you make, or present false or inaccurate information about the App; (g) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our App infrastructure; (h) bypass any measures we may use to prevent or restrict access to Stops’ App; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Stops’ proprietary rights, including Stops’ Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (j) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Stops on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (k) create a browser, frame, border environment or GUI around Stops’ App; (l) link, including in-line linking, to elements on Stops’ App, such as images and videos, independently from the web pages of Stops’ App on which they originally appear; (m) frame or mirror any part of the App without Stops’ prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App; (o) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) collect personal data about other Users; and/or (q) infringe and/or violate any of the Terms.
You may view your Pixel-Tagged photos in the App’s photo gallery or you may also choose to publish your Pixel-Tagged photo and share it with private or public Cubes, via the Messenger or via other Social Network Accounts (“Publish“). Please note that by publishing a Pixel-Tagged photo you agree and acknowledge that other Users may Pixel-Tag any element of such photo and associate User Generated Content with it (e.g. if you have published a Pixel-Tagged photo to a public Cube, any User may add additional Pixel-Tags to the photo). In addition, you further acknowledge and agree that you may only Publish to Social Network (as defined below) owned by you and that any Publishing to a Social Network is entirely at your own risk(for further details see section 16 below).
Please read the following restrictions concerning Pixel-Tagging carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to Stops and may also expose you to civil and/or criminal liability:
- You may not Pixel-Tag Users without their consent. Stops offers reporting tools to enable Users to provide feedback about Pixel-Tagging and request that they be removed from such Pixel-Tags.
- You must not inaccurately Pixel-Tag content or encourage users to inaccurately Pixel-Tag content.
- You are responsible for any Pixel-Tag you provide, including compliance with applicable laws, rules and regulations and specifically any privacy and copyright laws and regulations.
- You agree not to Pixel-Tag any child under 16 without explicit parental consent.
- Although Stops has no obligation to screen, edit or monitor any Pixel-Tags, Stops explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any Pixel Tag available on the Service at any time and for any reason.
6. User Generated Content
The App is a social platform, enabling Users to upload and share, add, create, post, publish or make available their own copyrightable materials such as drawings, designs, animations, literary works, texts, images, photos, videos audio clips, comments, information, data and any other proprietary materials as well as location information, itineraries and calendar events (collectively, the “User Generated Content”). You may hashtag your User Generated Content, append it to Pixel-Tags, share it via Cubes or Messenger and export it to your Social Network Accounts. The following terms apply to your User Generated Content:
- You are responsible for any User Generated Content you provide, including compliance with applicable laws, rules and regulations. You should only provide User Generated Content that you are comfortable sharing with others.
- You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
- NOTE: IF YOU CHOOSE TO SHARE YOUR USER GENERATED CONTENT THROUGH THE SERVICE (E.G. IN CUBES OR BY APPENDING IT TO PIXEL TAGS), SUCH USER GENERATED CONTENT MAY THUS BECOME PUBLICLY AVAILABLE TO OTHER USERS; AND, THEREFORE, IS DEEMED NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY PRIVACY RIGHTS AND PUBLICITY RIGHTS (AS APPLICABLE) WITH RESPECT THERETO.
- You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content and that such User Generated Content shall be associated with your Account. Stops will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
- You may not export any User Generated Content (including to your Social Network Accounts) without the rightful owner of the User Generated Content’s explicit consent.
- You expressly agree that the User Generated Content will meet all of the provisions stipulated in the Code of Conduct (see section 10 below).
- You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Stops to use or possess in connection with the Service (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
- Although Stops has no obligation to screen, edit or monitor any of the User Generated Content, Stops explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the App at your sole expense.
- Stops takes no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the App, or for any loss or damage thereto, nor is Stops liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
- Stops may create limits on the use of the App including limitation on size and storage space available for Users to upload User Generated Content.
- The App is accessible from around the world but this does not mean all Services or service features are available in your country, or that the User Generated Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the User Generated Content is legal in the country where you live.
- Any use or reliance on any User Generated Content or other materials posted via the App is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Generated Content or communications posted via the App or endorse any opinions expressed via the App. As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the App and/or App is offensive harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Misconduct Agent or our Copyright Agent, as applicable (for more information see below). All User Generated Content is the sole responsibility of the person who originated such User Generated Content.
7. License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we need certain licenses to your User Generated Content for business purposes and in order to enable different functions in the App.
When you upload, post, publish or make available any User Generated Content on the App, you grant us a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content), store and use such User Generated Content, in connection with the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving Stops and for any other legitimate business purposes. You hereby waive any moral rights, attribution rights and publicity rights (if any) with respect to our use of the User Generated Content in accordance with these Terms.
When you upload, post, publish or make available any User Generated Content, you grant to each User of the App a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content on our App. Please note that the Company cannot monitor or control what other Users do with your User Generated Content. This license ends when you delete your User Generated Content or your Account unless your User Generated Content has been shared with others, and they have not deleted it.
STOPS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES, NOR IS STOPS LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER WITH RESPECT TO THE USER GENERATED CONTENT.
Please note that when you delete User Generated Content, such removed content may persist in backup copies for a reasonable period of time (although it will not be available to other Users).
8. Cubes and Messenger
The App offers an online platform for Users wherein they can interact with each other through private or public chat features and through which Users can, inter-alia, communicate and share information (including Cube events and itineraries via the built-in calendar and itinerary features), share Pixel-Tags and User Generated Content, and discuss, review and comment on User Generated Content (“Cubes”). Cubes may be defined as public therefore available to all Users or limited to select Users as determined by the Cube Creator (as defined below). In addition you may also use the App’s messaging feature to communicate directly with other users in your friends list (“Messenger”).
Cubes may be created by individual users who are defined as “Cube Creator(s)” which serves as the sole administrator of such Cube. Cube Creators may: (a) set or change restriction which apply to the Cube such as age restrictions, whether the Cube is public or private, whether Users see a full Cube history, whether Users are permitted to add members, files, events and itineraries to the Cube or delete media from the Cube, whether Users can view other User’s location; (b) ban Users from the Cube, at their sole discretion; and (c) close the Cube.
USE OF CUBES AND MESSENGER IS PERMITTED ONLY IN ACCORDANCE WITH OUR CODE OF CONDUCT (AS DEFINED BELOW). YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF CUBES AND SUCH USE IS AT YOUR OWN RISK – STOPS IS NOT LIABLE FOR ANY STATEMENT, REPRESENTATION OR USER GENERATED CONTENT PROVIDED BY ITS USERS IN CUBES.
9. Social Media Features
The App includes social sharing and posting features and other integrated tools (for example sharing on Facebook, Google or Twitter) (“Social Features“).
10. Code of Conduct
We at Stops aim to give Users the power to share experiences and information, communicate with one another and discover the world around them, all in a safe and welcoming environment. Therefore, the following rules shall apply to any act performed by users via the App and the Service, including Pixel-Tagging, uploading User Generated Content and communications through Cubes or Messenger, as follows:
- You may not use the Services for any form of spam, unauthorized commercial communications, unsolicited mail, multi-level marketing, advertising, contests or raffles or similar conduct;
- You may not transmit, distribute, display or otherwise make available through or in connection with Stops’ App and Services any content, including User Generated Content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
- You will not bully, threat intimidate, promote self-injury, shame, blackmail, harass any User or public figure, or publish any content that is hate speech (including content which attacks persons based on their race, ethnicity, origin, religious affiliation, sexual orientation, gender, disabilities and so forth), unlawful, misleading, malicious, discriminatory, pornographic, incites violence, contains nudity or graphic or gratuitous violence.
- You may not use the Service to engage in any sexual violence or exploitation, sell or trade of prescription pharmaceuticals, drugs or firearms (or other illegal commodities), terrorist activity or criminal activity, including the encouragement or condonation of such activities.
- You may not publish or post via the Services other people’s private and confidential information without their express authorization and permission.
- You may not publish or upload to our Service or Pixel-Tag any intimate photos or videos that were taken or distributed without the subject’s consent.
- You may not impersonate others in a manner that is intended to or does mislead, confuse or deceive others.
- Content that relates to alcohol, dating services or mature content must be restricted to the applicable age.
- You may not engage in username squatting and/or trade.
- You may not post anyone’s identification documents or sensitive financial information.
- We may remove any content (including User Generated Content), disable or suspend Accounts and work with law enforcement, at our sole discretion, when we believe that your actions have violated this Code of Conduct.
11. Misconduct and Copyright Agent
We care for your safety. If you believe a User acted inappropriately or has infringed our Code of Conduct, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at firstname.lastname@example.org.
Stops respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Stops’ Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Stops’ Copyright Agent can be reached at the e-mail address at: email@example.com.
13. Intellectual Property Rights
The App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Stops (“Feedback”), Stops shall have an-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Stops current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Stops to comply with any additional obligations with respect to any Stops current or future products, technologies or services that incorporate any Feedback.
14. Trademarks and Trade names
“Stops.com”, Stops.com™, Company’s marks and logo and all other proprietary identifiers used by the Company in connection with the App and the Services (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on Stops’ App belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
16. Links to Third Party Websites
The App’s availability and functionality depends on various factors, such as communication networks, software, hardware and the Company’s services’ providers and contractors. Stops does not warrant or guarantee the App will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
18. Changes to the App
Stops reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Stops shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein.
19. Disclaimers of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT, THE SERVICES AND THE USER GENERATED CONTENT ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND STOPS, INCLUDING ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“STOPS REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP; AND/OR (III) OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR THE SERVICES, THE CONTENT AVAILABLE ON THE APP OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.
USERS SHOULD EXERCISE NO LESSER DEGREE OF CAUTION IN COMMUNICATING AND ENTERING INTO ANY SORT OF ENGAGEMENT WITH OTHER USERS THAN THEY WOULD OFFLINE. STOPS IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY COMMUNICATION AND/OR ENGAGEMENT YOU MAY HAVE WITH OTHER USERS AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT, USER GENERATED CONTENT AND INFORMATION RECEIVED THROUGH OUR APP AND SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN STOPS. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, AND OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE APP, THE SERVICE, THE USER GENERATED CONTENT AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
20. Limitation of Liability
THE USE OF STOPS’ APP AND SERVICES IS SOLELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL STOPS, INCLUDING STOPS’ REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF OR RELATING TO THE APP, THE SERVICES AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE APP, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT, THE FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF STOPS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF STOPS BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER STOPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, STOPS’ AND STOPS’ REPRESENTATIVES TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE SERVICE FEES ACTUALLY PAID BY YOU, IF ANY, TO STOPS FOR USE OF THE SERVICES OR $US1.00, WHICHEVER IS GREATER.
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Stops and Stops Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of Stops’ App and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the App; (iv) the User Generated Content you uploaded through the use of the App; and/or (v) any damage of any sort, whether direct, indir