(Updated as of June 18, 2021)
Tropoo Inc (“Tropoo”) provides the following Services, which permit you to utilize certain Internet services and its related mobile application, and making this content available on your compatible devices and computers, only as defined by the terms of this Agreement. Specifically, the Services directly refer to a Tropoo Application, website(s) including but not limited to www.Tropoo.com and any related family of websites. This site in its entirety is owned by Tropoo, a Delaware Corporation, doing business as “Tropoo.” Reference to the terms “Tropoo”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by Tropoo Inc
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by Tropoo are only available to individuals 13 years or older
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulations.
C. User Accounts and Devices. Tropoo reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. Tropoo’s services and its related features may not be available in all languages and/or all countries. Given this possibility, Tropoo makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. Tropoo reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. Tropoo will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to Tropoo’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Location Based Information. In order to offer best-in-class services, Tropoo and its partners and/or licensors may provide features or services that rely upon location based data for your devices. These provided features or services require Tropoo and its partners and/or licensors to collect, use, transmit, maintain and process your location data.
You may elect to withdraw consent from Tropoo and its partners and/or licensors from the collection, use, transmission, maintenance and processing of your location data by changing the geo-location settings on your particular device. In the event you would like to remove all collection information, you may do so by uninstalling our services application by initiating the uninstall processes specific to your device and deleting your user account.
B. BACKUP. As part of its current backup protocol, Tropoo creates regular backups for user data and content. However, even with reasonable skill and careful backup measures TROPOO DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AS SUCH, TROPOO WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOUR CONTENT. You acknowledge and agree that you are responsible to maintain proper backup measures for your content and related data.
3. Tropoo Use of Services
A. Account Registration. In order to enjoy the Tropoo services, you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify Tropoo immediately. Although Tropoo will exercise reasonable care with respect to our security protocols, Tropoo is not personally responsible for losses that may arise from the unauthorized use of your Account.
You agree to use the log in authentication process as defined by Tropoo. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
1. Tour Creation/Search Feature. When using the Service, you may elect to use our “tour creation/search” feature. The feature allows users to comment, share, or place “tours” for other Users to use. In turn, other Service users will not be able to specifically identify which user commented or placed a given tour. You agree and acknowledge that Tropoo shall not be liable or responsible for any tour recommendations.
2. Receiving Invitations . Existing Tropoo members may invite you to join the service via email, SMS/text message or other ways. Tropoo may help members extend these invitations (which may include reminders) by requesting access to the member’s email or other contacts or asking the inviting member to provide the invited person’s email. If you aren’t a member, you can opt-out of future email invitations or reminders or ask us to amend or delete any personal information about you, by contacting us using this email firstname.lastname@example.org
3. Social Media Registration (e.g. Facebook, and Google). If you register for Tropoo using your Facebook, Google + or Google account, we automatically request your email address and publicly available information, including your account ID, name and gender as well as public profile information for authentication purposes. If you log in via Facebook you authorize us to access your Facebook profile information including but not limited to your Facebook profile and Facebook friends who may be Tropoo users.
If you revisit Tropoo while logged into one of these social media services, we’ll automatically log you into your Tropoo account. If you don’t register for Tropoo via social media but later attempt to log into Tropoo using your social media credentials, we’ll connect your social media and Tropoo accounts and request the necessary information as if you were newly registering. Information gathered by any social media service in connection with your use of their products, features, and services are governed by each service’s specific data policy.
4. Communications and Notifications. By registering an account with us, you acknowledge and agree to receive communications from us including but not limited to emails, direct messages, and/or push notifications.
B. No Survivorship Rights. Unless required by law, you agree and acknowledge that your Tropoo Account is non-transferable and any rights to your Tropoo Account or Content therein terminate upon your death. In the event of your death, a valid copy of a death certificate may permit the proper party to terminate your Account and related Content on your behalf. Contact Tropoo Support at email@example.com for additional assistance.
C. No Resale of Tropoo Services. You agree and acknowledge that the Tropoo Services are proprietary and subject to intellectual property protection. Given this understanding, you agree to refrain from copying, reproducing, selling, reselling, duplicating, trading, or renting the Services (or any part or component thereof) for any purpose whatsoever.
4. User Content and Conduct.
A. Content. For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text including comments, tour creations and searches, graphics, data files, music, videos, voice recordings, sounds, messages, and device characteristics. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, Tropoo does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk
B. User Conduct. By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). Tropoo reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene (including but not limited to sexual, pornographic, or non-sexual nudity), vulgar, and/or objectionable as determined by Tropoo (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) create or submit any unwanted email, comments, likes or other forms of commercial or harassing communications such as “spam” to any Tropoo users;
7) use domain names or web URLs in your username without prior written consent from Tropoo;
8) create accounts with the Services through unauthorized means, including but not limited to using automated script, bot, device, spider, scraper or crawler;
9) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement;
10) self promote any business enterprise or affiliation without Tropoo’s express written consent.; and
11) generate Tour related content that violates any local law or authority and/or puts other users in danger or jeopardy
C. Content Removal. Tropoo does not claim any responsibility for the Content that others may provide nor is Tropoo bound to pre-screen all Content submitted via the Services. However, Tropoo reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement .
D. Content Backup. Although Tropoo makes reasonable efforts to provide proper care and skill in delivering its services, Tropoo does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
E. Access to User Account and Content. Tropoo intends to enforce this Agreement to the full extent provided by law. As part of that process, Tropoo reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that Tropoo has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that Tropoo believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of Tropoo, its users, a third party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act. Tropoo makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at firstname.lastname@example.org
G. Agreement Violations. In order to provide a harmonious environment for our users, Tropoo makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us within the App (specifically using the “Report” link in the “Search Results” page of the App ).
H. User Submitted Content via Tropoo Services
1. License from User to Tropoo. Tropoo does not claim ownership of the Content and /or materials you upload, submit, or disseminate via our services with the exception of the “Tour” related information (in its entirety, including location information, tour creation and searching, tour video uploads, Q&A messaging, rating information, and feedback ) that you enter into our App. In the case of the Tour related information (in its entirety, including location information, tour creation and searching, tour video uploads, Q&A messaging, rating information, and feedback) Tropoo grants you a license under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant Tropoo a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to Tropoo is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
2. Content Changes. The Tropoo services require the ability to transmit your Content across various forms of networks and media. In order to accomplish this capability, Tropoo may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices. You agree and consent to Tropoo making these necessary Content changes.
3. Advertisement(s) and Your Submitted Content. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Tropoo may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you and Tropoo is not liable for the claims and/or representations made by our third-party advertisers and/or promoters.
a. Third-Party Tour Incentives. In some cases, our advertisers may offer special promotions and access to exclusive tours. As part of the access requirements for these exclusive tours, our advertisers shall furnish you with a special passcode (not to be shared with other users) to access these exclusive tours. Tropoo reserves the right, in its sole discretion, to change and/or modify these tour incentives for any purpose whatsoever .
4. Trademark(s). Tropoo and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of Tropoo, Inc. in the US and abroad where applicable. Tropoo does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the Tropoo marks contained in any portion of the services.
A. Tropoo’s Proprietary Rights. As a condition to using Tropoo’s services, you acknowledge and agree that Tropoo and/or its licensors own all legal right, title , and interest to the Services. By way of example, these rights include but are not limited to the following: Tropoo graphics, user interface, scripts and software used to implement the services, the Tropoo photo/audio/voice recorder, and any software that Tropoo may provide you with in connection to the services. The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist. You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement.
B. License from Tropoo. THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.
C. Export Control(s). The use of the services may be subject to import and export laws of the United States and other countries. You agree and acknowledge that you will comply with all import and export laws and regulation. Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Department’s List or Entity List. As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list. This assurance and communication shall survive termination of this Agreement.
D. Update(s). In order to ensure a proper user experience of the services, Tropoo may make regular software updates from time to time. The updates may include new software versions, bug fixes, and feature enhancements or improvements.
E. Service Charges Tropoo uses third-party providers for payment services (e.g. card acceptance, merchant settlement, and related services) ("Payment Services") for payments related to the Service. In order to utilize Payment Services, you hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party electronic payment processing provider(s) to the extent required to provide the Payment Services to you.
F. Service Refunds; Credits; Taxes At Tropoo’s sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct any errors made by Tropoo. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder, excluding United States (federal or state) taxes .
A. User Termination. You may delete your user account and stop using the Tropoo services at any time.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by Tropoo, all data and information stored via your account shall be deleted and may or may not be used, at Tropoo’s sole discretion, for analytics purposes .
7. Links and Third-Party Materials. As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that Tropoo shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
8. Disclaimer of Warranties; Liability Limitation
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, TROPOO MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
TROPOO DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT TROPOO MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY TROPOO ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, TROPOO AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TROPOO DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. TROPOO DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, TROPOO MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU .
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TROPOO AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF TROPOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
DISCLAIMER OF TOUR LIABIILTY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, TROPOO MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TROPOO AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING FROM TOUR INFORMATION POSTED ON THE SERVICE AND ENGAGED IN BY YOU AS A RESULT OF SUCH INFORMATION. YOU AGREE AND ACKNOWLEDGE THAT ANY TOUR THAT YOU ELECT TO PERFORM IS SOLELY AT YOUR OWN RISK AND THAT YOU SHALL CONSULT WITH THE LOCAL AUTHORITIES IN INSTANCES WHERE THERE MAY BE NATIONAL SECURITY ISSUES OR IMMINENT BODILY HARM AS A RESULT OF THE TOUR. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONARY MEASURES WHEN ENGAGING IN A TOUR AND YOU AGREE TO COMPLY WITH ALL LOCAL LAWS, CODES, VEHICLE REGULATIONS, CELL PHONE USE RESTRICTIONS, ETC. WHEN PARTICIPATING IN ANY TOUR. YOU EXPRESSLY AGREE THAT YOU WILL NOT HOLD TROPOO LIABLE FOR ANY HARM, INJURY, DANGER, PERIL, OR CONSEQUENCE OF ANY TOUR YOU ELECT TO PARTICIPATE IN AS A RESULT OF A USER RECOMMENDATION AND/OR SUBMISSION.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold Tropoo and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Tropoo determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
Additional Terms for the Service for iOS and Google Play
The following terms and conditions apply to you only if you are using App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Tropoo, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and 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 Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Tropoo acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and My Tropoo acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Tropoo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Tropoo acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of these 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.
The following terms and conditions apply to you only if you are using App from Google Play. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from Google Play. You acknowledge and agree that these Terms are solely between you and Tropoo, not Google Play, and that Google Play has no responsibility for the App or content thereof. Your use of the App must comply with the Google Play Terms. You acknowledge that Google Play has no obligation whatsoever to furnish any maintenance and 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 Google Play, and Google Play will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Google Play will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Tropoo acknowledge that Google Play is not responsible for addressing any claims of you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and My Tropoo acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Tropoo, not Google Play, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and Tropoo acknowledge and agree that Google Play, and Google's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of these Terms, Google Play 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.
9. General Provisions
A. Notice(s). As part of our regular update policies, Tropoo may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product.
B. Governing Law. This Agreement between you and Tropoo shall be governed by the laws of the State of California, excluding its personal conflict of laws provisions.
C. Dispute Resolution (Arbitration). All disputes arising out of or in connection with the present contract shall be submitted to arbitration. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Tropoo Inc. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at http://www.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
If you do not want to arbitrate disputes with Tropoo and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Service.
D. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and Tropoo. This Agreement governs your use of Tropoo services and replaces any other prior agreements between you and Tropoo in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If Tropoo does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. Tropoo as defined by this Agreement:
E. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION
TO TROPOO ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with Tropoo, you accept full responsibility for installing required hardware and software