Terms of Service
1. Introduction. The “Ask & Receive” application (the “App”) is a product of Narrow Gauge Collective LLC (hereinafter, “we” or ”our”), a United States limited liability company domiciled in the state of California, with principal offices located at 100 Broadway, San Francisco, CA 94111 USA.
2. Your Acceptance
a. By using or visiting the App, you signify your agreement to (i) these terms and conditions (the "Terms of Service"), and (ii) the Ask & Receive Privacy Policy (the “Privacy Policy”), found at https://www.askrecv.com/ and incorporated by reference herein. If you do not agree to any of these terms, or any part of the Privacy Policy, please do not use the App.
b. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, found at https://www.askrecv.com/. We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any rights or benefits on any third-party.
2. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
3. The App. These Terms of Service apply to all users of the App (“Users”). The App enables a User (as the “Buyer”) to easily generate and broadcast a point to multipoint solicitation for a product or service (each, an “Ask”) to a geographically-targeted audience. Members of that audience (each, a “Seller”) may claim and respond to an Ask using the App within a limited timeframe with an offer to provide the product or service (each, an “Offer”). In each case, a Buyer or a Seller may submit certain limited content to the App, including text relating to products and/or services constituting an Ask or an Offer, and hyperlinks to specifications or images to define the product/service (“Content”).
4. License Grant and Restrictions
a. License Grant. In connection with your use of the Ask & Receive App, we hereby grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right during the Term (as defined) to download, install and use the App for your personal use only, on one or more wireless electronic devices owned or controlled by you, provided that such use is strictly in accordance with these Terms of Service;
b. Restrictions. You shall not interfere or attempt to interfere with the operation of the Ask & Receive App in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Use. You shall not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; or make any modification, adaptation, improvement, enhancement, translation or derivative work from the App. You shall not remove, alter or obscure any proprietary notice posted by us or our licensors. Except as otherwise expressly allowed by these Terms of Service, you may not use the App for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended. You may not make the App available over a network or in the context of any time-sharing environment or other environment that allows use by multiple users and devices. You may not make use of the App to create or design or offer a product, service or application that is directly or indirectly competitive with us or the App itself. You may not use the App to send automated queries or to send unsolicited communications. You shall not post any Content that contains offensive profanity, abusive language, racist, homophobic or hate language, discriminatory or disparaging references to religion, race, national origin, age, marital status, sexual orientation or disability. You shall not post any Content that contains false or misleading statements, or for the purpose of engaging in, or encouraging, any illegal activity.
5. Account Registration
a. The App uses a simplified registration process, requiring a User to enter only their phone number, which enables that User to get access to location services via their mobile phone’s GPS. No other personal information is stored in the App. Payment is accomplished via the Stripe API, and all information required to enable the payment is stored within Stripe, and not within the App.
b. Optional Seller Subscription Plan. Sellers that opt for a subscription plan may be required to register with the App and obtain a user ID and password. When registering your ID and account information on the App, you must adhere to the following terms: (i) you must not provide any false personal information, or create an account for anyone other than yourself without permission; (ii) you must not provide any false personal information, or create an account for anyone other than yourself without permission; (iii) you must not create another account without our permission in the event that we disable your account; (iv) you must not use the App if you are under 13 years of age; (v) you must keep your contact information (if applicable) accurate and up-to-date; (vi) you must not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (vi) you must not transfer your account to anyone without first getting our written permission; (vii) you are responsible for all activities that occur under your password or account, will keep your password(s) confidential and will restrict access to your computer; (viii) you will immediately notify us of any unauthorized use of your password or account or any other breach of security; (ix) you will not disrupt the functioning of the App, solicit another user's password, or otherwise act in a way that interferes with other users' use of the App; (x) you must not post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
We reserve the right to remove, reclaim or change a user ID you select if we determine, in our sole discretion that such username is inappropriate, obscene or otherwise objectionable. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, US OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
6. Your Content and Conduct
a. You shall be solely responsible for your own Content and the consequences of submitting your Content on the App. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit the Content and you license to us all proprietary rights in and to such Content for the sole purpose of transmitting it and making it available to the requester pursuant to these Terms of Service.
b. You further agree that Content you submit to the App will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
c. You further agree that you will not submit to the App any Content or other material that is contrary to applicable local, national, and international laws and regulations.
d. You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the App to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. You are responsible for any content that you post or transmit on or through the App. You will not use the App to distribute, link to, or solicit content that: (i) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, discriminatory, malicious, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive; (ii) includes personally identifiable information about children; (iii) infringes someone else's intellectual property or other rights; (iv) advocates or solicits violence or other criminal conduct; (v) violates any law, regulation, or contract; (vi) promotes participation in multi-level or pyramid marketing initiatives; (vii) constitutes a raffle, sweepstakes, lottery, or any other form of gambling; (viii) specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal; (ix) constitutes unsolicited or unauthorized advertising, junk or bulk email, chain letters, or any other unsolicited commercial communication; (x) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; (xi) will facilitate or encourage any violations of this Terms of Service.
e. We do not endorse any Content submitted to the Service by any User, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
3. Third Party Sites and Links. The App or Content may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the App, you expressly release us from any and all liability arising in any way from your use of any third-party website or service. Accordingly, we encourage you to be aware when you leave the App and to read the terms and conditions and privacy policy of each other website or service that you visit.
4. Account Termination Policy
a. We will terminate a User’s access to the App if, under appropriate circumstances, the User is determined to be a repeat infringer.
b. We reserve the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
5. Digital Millennium Copyright Act
a. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. You may direct copyright infringement notifications to our DMCA Agent at Copyright Agent, Narrow Gauge Collective LLC, 100 Broadway, San Francisco, CA 94111 email: info@askrecv.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Narrow Gauge Collective LLC customer service through https://www.askrecv.com/. You acknowledge that if you fail to comply with all of the requirements of this Section 10(a) your DMCA notice may not be valid.
c. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
d. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
6. Use of Your Information. We will maintain certain data that you transmit through the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. You are solely responsible for all data or information that you transmit, or that relates to any activity you have undertaken using the Site. You agree that we will have no liability to you for any loss or corruption of such data, and you release us from liability, and waive any right of action against us for such loss or corruption of data.
7. Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas or other input concerning the App that you provide to us (collectively, “Feedback”) are non-confidential and shall be deemed to be our sole property. We will own all right, title and interest in and to such Feedback, including all intellectual property rights, and we will be entitled to their unrestricted use and distribution of such Feedback for any legal purpose, without compensating you.
8. Non-United States Residents. The App is intended for use only by residents of the United States, its territories and possessions. We make no representations or warranties that the content of the App is appropriate or lawful in any foreign countries, or that any items offered for sale on the App will be available outside the United States. Those who choose to access this App from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
9. U.S. Export Controls. The App is controlled and operated by Narrow Gauge Collective LLC from its offices within the State of California, United States of America. We make no representation that the App is appropriate or available for use in other locations. Software from this App is further subject to United States export controls. This App may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Independent Investigation. We reserve the right to investigate suspected violations of the terms and conditions of this Agreement whenever we become aware of possible violations. Such an investigation may include gathering information from the user and the complaining party and reviewing materials on our servers. During an investigation, we may remove any and all disputed material from our servers.
If we believe, in our sole discretion, that a violation of the terms or conditions of this Agreement has occurred, we may take any action we deems appropriate under the circumstances known to us, which may include removal of material from our servers, warnings and/or suspension or termination of user account(s). Violations also could subject user to criminal or civil liability.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NARROW GAUGE COLLECTIVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE APP, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND METHOD OF ACCESS TO USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASK & RECEIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL NARROW GAUGE COLLECTIVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND METHOD OF ACCESS TO USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, THE FULL EXTENT OF ANY MONETARY DAMAGES FOR WHICH WE WILL BE LIABLE TO YOU WILL NOT EXCEED THE AMOUNT OF ANY FEES YOU HAVE PAID TO US.
The App is controlled and offered by us from our facilities in the United States of America. We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own risk and are responsible for compliance with local law.
13. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Narrow Gauge Collective LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the App.
14. Use of App on Mobile Devices; Rights and Liabilities of App Distributors. The following terms apply when you obtain the App either from the Apple Store or Google Play (each, an “App Distributor”). The license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android OS, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of the license contained in these Terms of Service or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Distributor; and the App Distributor, in accordance with its terms and policies, may refund your purchase price (if applicable), paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation to you with respect to the App. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the App; and you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in the license contained in these Terms of Use, and that, notwithstanding anything to the contrary contained herein, each App Distributor will have the right to enforce the terms and conditions in the license contained in these Terms of Use as a third-party beneficiary thereof.
15. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
16. Section Headings. Section headings are for convenience only and are not binding.
17. General. You agree that: (i) the App shall be deemed solely based in California; and (ii) the App shall be deemed a passive website that does not give rise to personal jurisdiction over us either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Service, together with the Privacy Notice at https://www.askrecv.com/ and any other legal notices published by us on the App, shall constitute the entire agreement between you and us concerning the App. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Contacting Ask & Receive. In order to resolve any complaint regarding your use of the App or to receive further information, kindly contact us as follows:
Narrow Gauge Collective LLC
100 Broadway
San Francisco, CA 94111
info@askrecv.com
Dated: September 2019
Language: English
Country: United States