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CHELSEA HANDLER: GOTTA GO

TERMS OF USE

Effective December 11, 2015

The Chelsea Handler: Gotta Go application is designed to send you text or voice messages called “Escapes” that you can try to use as an excuse to avoid social obligations. This is all just for fun, and Yeti cannot take responsibility if the Escapes do not actually get you out of those obligations or if using the Licensed Application offends you or anyone else (e.g., the person you’re escaping). Also, by its nature, the Licensed Application requires Yeti to use your personal information (e.g., your phone number), and to share it with third parties (such as telephony providers) in order to send you Escapes. These Terms give Yeti permission to use and share your information in accordance with Yeti’s privacy policy and to use any content you provide to Yeti. They also require you to update your phone number within 48 hours if you change it, so that the new user of your old number does not receive your Escapes. The Terms also contain a variety of other terms, which are not summarized here. You should review the full terms below. If there is a conflict between this paragraph and the language below, the language below will control. 

Yeti Technologies, LLC has its offices at 730 Clementina Street, San Francisco, CA 94103. If you have any questions, complaints or claims with respect to the Licensed Application, please contact us at support@yeti.co.
 

Terms

This Chelsea Handler: Gotta Go Terms of Use Agreement (“Terms”) is a legal agreement between you (“You”) and Yeti Technologies, LLC, (“Yeti”, “we”, “us”, “our”), governing Your use of the Chelsea Handler: Gotta Go application made available to You in the Apple Store for use on the iPhone or iPod Touch (the “Licensed Application”).  

You and Yeti acknowledge that these Terms are concluded between Yeti and You only, and not with Apple, Inc. (“Apple”). Yeti, not Apple, is solely responsible for the Licensed Application and the content thereof. You and Yeti acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.

By using the Licensed Application, you accept and agree to these Terms. If you do not agree to the Terms, you are not authorized to use the Licensed Application. You may be denied access to the Licensed Application and any associated services, with or without prior notice to You, for noncompliance with any provision of these Terms. 

THE LICENSED APPLICATION IS NOT INTENDED FOR CHILDREN UNDER 13 YEARS OF AGE, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION OF CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE A PARENT AND BELIEVE THAT YOUR CHILD WHO IS UNDER 13 HAS PROVIDED US WITH PERSONAL INFORMATION, PLEASE CONTACT US AT SUPPORT@YETI.CO TO HAVE YOUR CHILD’S INFORMATION REMOVED. 

IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS WITH YOUR PARENTS. 

Yeti may from time to time modify these Terms and will post a copy of the amended terms on Yeti’s website, http://yeti.co. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Licensed Application. You will be deemed to have accepted the amended Terms if you continue to use the Licensed Application after any amended Terms are posted on Yeti’s website. 

These Terms will govern any upgrades provided by Yeti that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
 

Scope of License 

1.1 This license granted to You for the Licensed Application by Yeti is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Yeti reserves all rights not expressly granted to You. 

1.2 You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Yeti and its licensors. If You breach this restriction, You may be subject to prosecution and damages. 

Yeti, and its licensors, reserve the right to change, suspend, remove, or disable access to the Licensed Application and any related services at any time without notice, and without liability. Yeti may also impose limits on the use of or access to the Licensed Application and any associated features and services, in any case and without notice or liability. 
 

Registration and Consent to Use of Data

Registration. To use the Licensed Application (including any associated services), you may be required to register and provide certain information, including a user name, your actual first and last names, a password, your phone number, and a valid email address (the “Account Information”). In addition, you may submit content to Yeti (“Your Content”) to be used in connection with the Licensed Application. (For example, you may provide Yeti with custom text to be used in an Escape.) Your Content may include your personal information. Account Information, Your Content, and any other information you submit to Yeti or that Yeti gathers about You shall be referred to as “Your Data.” 

Consent to Use of Your Data. You agree that Yeti may use Your Data in accordance with Yeti’s Privacy Policy, located at __________.  It is important that you read and understand Yeti’s Privacy Policy. In particular, and without limitation, You acknowledge and agree that the Licensed Application is designed to use Your Account Information, including your telephone number, to contact you with voice or text messages, and you authorize Yeti to share Your Data with third parties, such as telephony providers, in order to provide the features of the Licensed Application. 
 

Additional Terms

You hereby grant Yeti a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, distribute, display, make derivative works of and otherwise use Your Content. This license includes, without limitation, the rights to transmit Your Content to Your device(s) in connection with the Licensed Application, and to use Your Content to advertise and promote the Licensed Application and/or Yeti and its business partners. 

In the event You change or deactivate your mobile telephone number, you will update your account information with Yeti within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You agree that if you do not comply with this section 3.2, Yeti shall not be responsible for sending Your Content to the person who acquires your old number. 

You will be responsible for maintaining mobile carrier service, internet service, and/or any other means of connection necessary to use the Licensed Application. Your carrier's normal rates and fees, such as text messaging, calling and data charges, may apply to your use of the Licensed Application. You are solely responsible for all such charges. 

You are fully responsible for Your Content, and Yeti is not responsible for such content. 

The Licensed Application is intended for entertainment purposes only, and is not intended to be relied upon in situations where your use or inability to use the Licensed Application may lead to death, personal injury, or property damage. 

By using the Licensed Application, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, You agree to use the Licensed Application at Your sole risk and that Yeti shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

The Licensed Application may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Yeti is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Yeti does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. 
 

Reservation of Rights and Restrictions on Use 

As between You and Yeti, You acknowledge that Yeti owns or has a license to all title and intellectual property rights in and to the Licensed Application and any associated content and services. You agree that the Licensed Application may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except as permitted under these Terms. 

The Licensed Application may contain Yeti or third party trademarks, service marks, graphics and logos. You are not granted any right or license with regard to Yeti trademarks or third party trademarks. 

No portion of the Licensed Application (including any associated services or content) may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Application, in any manner, and You shall not exploit the Licensed Application in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. 

You further agree not to use the Licensed Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Yeti is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Licensed Application.
 

NO WARRANTY

THE LICENSED APPLICATION IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION MAY LEAD TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND YOUR SUBMISSION OF ANY INFORMATION TO YETI IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND YETI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY ASSOCIATED SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YETI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. 

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY YETI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Yeti’s sole responsibility.
 

Your Representations and Warranty

You represent and warrant that: (i) You have read and understood, and You agree to bound by these Terms; (ii) You are at least 13 years old; (iii) You are not located in a country that is subject to a US Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (iv) You are not listed on any U.S. Government list of prohibited or restricted parties; (v) Your Content and the use thereof will not infringe the copyright, trade secret, or any other intellectual property rights of any third party; and (v) Your Content will not be obscene, libelous, or violate the right of privacy or publicity of any third party.
 

INDEMNIFICATION

You shall indemnify and hold harmless Yeti, its agents, officers, directors, employees, subsidiaries, and parent from any losses, liabilities, damages, claims, payments, liens, judgments, demands, costs and expenses (including reasonable attorney’s fees) arising out of Your breach of these Terms, Your use of the Licensed Application (including any associated services), or Your Content. 

You and Yeti acknowledge that, in the event of any third party claim that the Licensed Application or Your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Yeti, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
 

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL YETI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF YETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YETI’S TOTAL LIABLITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF ONE DOLLAR ($1) OR THE TOTAL AMOUNT YOU PAID FOR THE LICENSED APPLICATION, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 
 

Termination

9.1 These Terms are effective until terminated by You or Yeti. Your rights under these Terms will terminate automatically without notice from Yeti if You fail to comply with any of the provisions of these Terms. 

9.2 Upon termination of these Terms, (i) all licenses to You will cease; and (ii) You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.   Sections 1.2, 2.2, 3.1, 3.4, 4, 5, 6, 7, 8, 9, and 10 shall survive the termination of these Terms. 
 

General

Entire Agreement.  These Terms contains the entire agreement of the parties with respect to the subject matter of this agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

Notices.  Yeti may provide you notifications, whether such notifications are required by law or are for marketing or other business purposes, to You by email, text message, written or hard copy notice, or through conspicuous posting on Yeti’s website, as determined by Yeti in its sole discretion.

You and Yeti acknowledge that Yeti, not Apple, is responsible for addressing any claims by Your or any third party relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  

Yeti is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in these Terms, or as required under applicable law. You and Yeti acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Governing Law.  This Agreement will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. 

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND WILL BE BOUND BY THESE TERMS.