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STOPit Application Terms of Use

YOU HAVE BEEN PRESELECTED AND AUTHORIZED BY YOUR SCHOOL, WORKPLACE OR OTHER ORGANIZATION WITH WHICH YOU ARE AFFILIATED (COLLECTIVELY, "ORGANIZATION") TO DOWNLOAD, ACCESS (INCLUDING VIA A WEB BROWSER) AND USE THE STOPit APPLICATION (THE "APPLICATION"). ALL USERS OF THE APPLICATION ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE ("TERMS OF USE"). PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY WILL APPLY TO YOUR ACCESS TO AND USE OF THE APPLICATION, AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INSPIRIT GROUP, LLC, DBA STOPit (THE "COMPANY"). TO DOWNLOAD OR OTHERWISE ACCESS AND USE THE APPLICATION YOU MUST FIRST ACCEPT THESE TERMS OF USE BY ELECTRONICALLY TAPPING THE BOX MARKED "I ACCEPT" THAT APPEARS BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU WILL NOT HAVE THE RIGHT AND WILL NOT BE ABLE TO USE THE APPLICATION. YOUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE WILL ALSO APPLY AND REMAIN IN EFFECT WITH RESPECT TO ANY ASSIGNEE OR SUCCESSOR OF THE COMPANY. THE COMPANY MAY REVISE AND UPDATE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE BY POSTING THE AMENDED TERMS TO THE APPLICATION. YOUR CONTINUED USE OF THE APPLICATION MEANS THAT YOU ACCEPT AND AGREE TO THE REVISED TERMS OF USE. IF YOU DISAGREE WITH THE TERMS OF USE (AS AMENDED FROM TIME TO TIME) OR ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION. THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED WITHIN THE APPLICATION.

1. THE APPLICATION, APPLICATION FEATURES AND YOUR ORGANIZATION'S RESPONSIBILITIES
The Application

The Application is a software tool developed and owned by the Company to help identify and submit reports ("Reports") of instances of bullying, including cyberbullying, harassment and other harmful or inappropriate conduct (collectively, "Inappropriate Conduct") through the use of various features of the Application.

Application Features

The Application is designed to provide other additional features (collectively, "Application Features"), such as:

  • Get Help Resources, which is intended to cover the addition by your Organization of one or more third party services that your Organization considers useful or otherwise appropriate for providing counseling, support or other related services, such as, for example, a third party crisis center (collectively, “Third Party Services”). This may also include Third Party Services made available via the Company.
  • Messenger Feature intended to allow you to engage in chats with representatives of your Organization.

Your Organization's Responsibilities

However, what Application Features may be made available to you may be determined by your Organization. Because your Organization may elect not to provide certain Application Features or may have the ability to activate or deactivate certain Application Features, the Company cannot guarantee that all Application Features will be available to you. You acknowledge and agree that the Company has no responsibility, and will bear no liability, for your Organization's decision to select, activate or deactivate any particular Application Feature that is subject to selection, activation or deactivation by your Organization.

You further acknowledge and agree that:

  • The actual provision, operation and quality of certain services that may be made available via certain Application Features will be the sole and exclusive responsibility of your Organization or selected third parties. For example, your Organization will be solely and exclusively responsible for providing any required or requested assistance, or answering any questions you may have made through the Messenger Feature. The Company has no responsibility, and will bear no liability, for the actual provision, operation or quality, including without limitation, response time, of any such services provided by your Organization via any Application Features. Further, neither the Company nor your Organization will be responsible, or bear any liability, for any acts or omissions of any Third Party Services. The Application serves only as a tool to enable your Organization to provide such services.
  • The ability to effectively use certain Application Features will depend on various technical factors that are not within the Company's control and for which the Company has no responsibility and will bear no liability. Such factors include, without limitation, the availability and quality of third party network services, Internet connectivity and reception and the quality and features of any equipment, such as mobile phones or tablets, which you employ to access and use the Application and Application Features.

"Anonymous" Incident Reporting and Messages

Unless you include your name or other identifying information, all Reports of Inappropriate Conduct or Messenger chats that you send by using the Application will be anonymous, and the Company will not have the ability to disclose your identity to your Organization or to any third party. Further, because the Company is committed to protecting your anonymity, even if you elect to include your name or other identifying information in a Report or Messenger chat, Company will not disclose your identity to your Organization or to any third party without your prior written authorization. Additionally, the Company will not be responsible for any disclosure of your identity that results from information you voluntarily provide or from other circumstances beyond the Company's control. Further, Company reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Company to disclose the identity of anyone using the Application in an inappropriate manner, or to enforce these Terms of Use.

2. LIMITED LICENSE; RESTRICTIONS ON USE

The Company hereby grants you a personal, limited, non-exclusive, non-transferable license to access and use the Application and the Content (as defined below) provided by the Company. You agree that you will not, and will not allow any third party to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application, unless otherwise expressly permitted by the Company in writing; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application; (iii) remove, obscure, or alter the Company's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application. (iv) use the Application to access, copy, transfer, transcode or re-transmit any content in violation of any law or third party rights, or other than as expressly permitted under these Terms of Use; (v) use the Application to create false reports about a person, disseminate false information, make defamatory statements or otherwise harass or violate the rights of any person; (vi) use the Application to transmit any sexually explicit images, except as necessary to record your Report of Inappropriate Conduct; or (vi) use the Application for any purpose other than its intended, legitimate purpose. You are solely responsible for the content of any reports you create using the Application. There may be limitations on the number or kinds of devices on which you may use the Application. Such limitations shall be determined by your Organization.

3. TERMINATION OR RESTRICTION OF ACCESS

The Company reserves the right, in its sole discretion, to terminate your access and/or license to the Application. Your right to access and use the Application is effective until terminated by you or by the Company, which may be done at any time. Upon termination, you shall cease to use the Application in its entirety. The Company may terminate your rights to access or use the Application without any refund obligation or other liability, if you fail to comply with these Terms of Use. Further, your Organization may have the right to terminate or restrict your use of the Application or certain Application Features, and Company shall have no responsibility, or bear any liability, for your Organization's decision to do so.

4. INTELLECTUAL PROPERTY RIGHTS

The Application is protected by copyright and other intellectual property laws, and all intellectual property rights in and to the Application, including, without limitation, the Company logo, and all related trademarks, service marks or other designations of origin used in or in connection with the Application (collectively, "Trademarks"), are the property of the Company or of the Company's licensors. Further, all intellectual property rights, including, without limitation, all copyrights, in and to the materials and content provided by the Company in or through the Application (collectively, the "Content") are the property of the Company or of the Company's licensors. The Company or its licensors retain all right, title and interest in and to the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company.

5. DISCLAIMER

YOUR USE OF THE CONTENT AND APPLICATION IS AT YOUR OWN RISK. THE CONTENT AND APPLICATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (I) YOUR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (III) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE APPLICATION WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL.

FURTHER, THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL PREVENT OR END ALL INAPPROPRIATE CONDUCT OR ANY PARTICULAR INCIDENT OF INAPPROPRIATE CONDUCT. THE APPLICATION ONLY PROVIDES A TECHNICAL TOOL TO REPORT AND ATTEMPT TO END SUCH INAPPROPRIATE CONDUCT.

6. LIMITATION OF LIABILITY OF THE COMPANY AND ITS LICENSORS

EXCEPT TO THE EXTENT REQUIRED BY ANY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, THE ORGANIZATION OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE APPLICATION, THE CONTENT OR RELATED SERVICES, SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, THE ORGANIZATION OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR THIRD PARTY VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO THE RESPECTIVE PARTY FOR THE APPLICATION.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, your Organization, and their respective directors, officers, employees, agents, contractors and third party vendors (collectively, "Indemnified Parties"), from any loss, claim, liability, damage, judgment, award, cost or expense (including attorneys' fees) of any kind incurred or sustained by them in any action, suit, claim or proceeding of any kind brought by any person or private, public or governmental entity or agency, related to or arising or resulting from: (i) any breach of by you of your obligations under these Terms of Use; or (ii) your use of the Application, which shall be at your own risk. You further agree that your Organization shall be deemed a third party beneficiary of this indemnification provision. Any stipulations in these Terms of Use which are for the benefit of your Organization may be accepted by it at any time.

8. PERSONAL INFORMATION, PRIVACY AND SECURITY

Your use of the Application, as well as the Company's use of your Personal Information (including any de-identified data based on your Personal Information and that of other users), shall be subject to, and governed by, the Company's Privacy Policy and any relevant applicable law. A copy of the Company's Privacy Policy may be found at www.stopitsolutions.co.za/privacy. We encourage you to read the Company's Privacy Policy carefully.

The Company reserves the right to cooperate fully with any law enforcement authorities or court orders.

You acknowledge and agree that as a result of your use of the Application, your Organization will have the ability to send you, and may send you, push notifications, and that such notifications will not be considered unlawful.

BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

9. USER SUBMISSIONS

You agree that any communication which you post, submit or transmit through your use of the Application, including any text messages, screen shots, photos or videos (collectively, "Submissions"), are non-confidential and become the property of your Organization upon any such posting, submission or transmission. By posting, submitting or transmitting any Submissions via the Application you are agreeing that your Organization shall own all right, title and interest in the Submissions and shall have the right to use the Submissions as it deems appropriate (subject to any applicable laws). You further acknowledge and agree that the Company has no responsibility, and shall bear no liability, regarding your Organization's use or non-use of any Submissions.

10. LEGAL COMPLIANCE, EXPORT CONTROL AND GOVERNMENT USERS

The Company is based in the State of New Jersey, USA. The Company makes no representation that the Application is appropriate or available for use in other locations. If you access the Application from other locations, you are responsible for complying with all applicable local laws. You shall be responsible for the payment of any sales, use and similar taxes relating to the license of the Application.

The United States controls the export of products and information. You agree to comply with all such restrictions and not to export or re-export the Application to countries or persons prohibited under the export control laws. By downloading the Application, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited.

If the Application is downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication or disclosure of the Application by the U.S. Government is subject to applicable federal laws and regulations.

11. MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Application shall be in the state or federal courts located in the State of New Jersey. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Application, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Application must be commenced within six (6) months after the claim or cause of action arises or else such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Application. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Terms of Use is effective as of February 22, 2017.