3MAYDAY, INC.
TERMS AND CONDITIONS OF USE

 

These terms and conditions of use (this “Agreement”) contain the complete terms and conditions applicable to your (“you” or “your”) access to and use of the services and features available on 3MayDay, Inc.’s (“3MayDay”, “we”, “us” or “our”) website and domains, including at www.3MayDay.com and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, “Website”), services available through our mobile application (the “App”) as well as any software that we provide to you that allows you to access either our Website or App (collectively, the “Services”), and any information, text, graphics, photos, videos, or other materials posted or submitted on or through our Services (“Content”). YOUR USE OF OUR SERVICES CONSTITUTES ACCEPTANCE AND ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. We may update this Agreement at any time.

1. General. You are responsible for your use of our Services, for any Content you post to our Services, and for any consequences arising out of the use of our Services. The Content that you post on our Services may be viewable by other users of our Services and, possibly, through third party services and websites; and you should only ever provide Content that you are comfortable sharing with others under this Agreement. Your right to use our Services is limited in scope, revocable, personal, non-transferable and non-exclusive. YOU ARE RESPONSIBLE FOR OBTAINING ANY EQUIPMENT OR INTERNET SERVICES NECESSARY TO ACCES OUR SERVICES. WE DO NOT GUARANTEE UPTIME OR EFFICACY. YOU USE THEM AT YOUR OWN RISK AND AS-IS. You acknowledge that our Services are evolving and that their form and nature may change from time to time without notice to you. In addition, 3MayDay may stop (permanently or temporarily) providing our Services (or any features therein) to you or other users generally and may not be able to provide you with prior notice.

IMPORTANT: NOT A REPLACEMENT FOR 911. OUR SERVICES ARE FOR CONVENIENCE PURPOSES ONLY. THEY ARE NOT MEANT TO REPLACE YOUR COMMUNITY’S EMERGECY RESPONDERS OR SYSTEMS.

2. Access and Use Terms.
(a) General Access and Use Rights. 3MayDay hereby grants to you, on the terms and conditions set forth herein, a non-transferable, non-sublicensable, non-exclusive, limited right to access and use our Services solely for your personal use. In order to use certain features of our Services, you must register as a user with us. For registered users, your access to our Services must be via login credentials provided by 3MayDay (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. You agree to notify us immediately if you believe that any of your Login Credentials has been or may be used without your permission so that appropriate action can be taken.

You may not create more than one account to access our Services or transfer your account with us to any third party. 3MayDay is not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to safeguard your Login Credentials. You agree that you shall not rent, resell, or remarket our Services or provide access to our Services to any third party.

You may use our Services to share Content or assist other users of our Services. You agree to post truthful information. If there is a website link for the event that you post, we ask that you include the website link so that other users may find out more information. If you post inaccurate Content on our Services, and the Content is false or misleading, we ask that you delete or correct your Content on our Services straightaway. .If you consistently post false or misleading Content on our Services, then 3MayDay may terminate your Login Credentials and this Agreement in its sole discretion or restrict your ability to use our Services, and you will not be entitled to create a new account to access our Services if your prior Login Credentials have been terminated or restricted by 3MayDay.

(b) Communications and Content. In connection with obtaining your Login Credentials, you may opt in to receive emails from us or third party service providers and websites. If you prefer not to receive such emails, you may opt out by following the instructions in any such email or emailing us at unsubscribe@3mayday.com.

Registered users may submit Content for publication and distribution to other users or the general public, as the case may be, so long as such Content is not unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content. If you decide to submit Content on our Services, you grant 3MayDay an irrevocable, transferable, sublicensable, non-exclusive and royalty-free right to use, modify, reproduce, publish, disclose, display or adapt such Content throughout the world.

3MAYDAY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR CONTENT SUBMITTED BY YOU OR ANY OTHER USER OR THIRD PARTY. 3MayDay reserves the right to remove or edit Content, but is not obligated to review Content. Any use or reliance on any Content or materials displayed on our Services is at your own risk. You agree and acknowledge that by using our Services or relying on Content posted on our Services, you may be exposed to Content or materials that might be offensive, harmful, inaccurate, misleading, deceptive or otherwise inappropriate. 3MayDay does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications, or endorse any opinions, posted on our Services, and under no circumstances will 3MayDay be liable in any way for any Content. WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OF USERS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY INFORMATION ON OUR SERVICES, WHETHER POSTED BY USERS OR OTHERWISE.

We have the right, but not the obligation, to monitor Content submitted to our Services, to determine compliance with this Agreement and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted on our Services. Without limiting the foregoing, we have the right to remove any Content that we, in our sole discretion, find to be in violation of this Agreement or otherwise objectionable, and you are solely responsible for the Content that you post.

(c) User-Specific Representations. If you use our Services, you will be acting in your personal capacity and not as 3MayDay’s or any other party’s employee, agent, franchisee or servant. You shall not hold yourself out as having authority to make contracts or promises on behalf of 3MayDay. You agree and acknowledge that Your Content may be broadcast, distributed or published by us and by our partners and if you do not have the right to submit Content for such use, you may be subject to liability. You represent and warrant that you have all of the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

(d) Privacy; Rights in Your Content All Content is subject to the terms of this Agreement and our Privacy Policy, which is incorporated herein by reference. You hereby represent and warrant that all Content you submit, post or display to 3MayDay or our Services will be true and correct and you have the right to provide any and all Content that you provide for the purposes of this Agreement. You hereby grant to 3MayDay a perpetual, irrevocable, royalty-free right to use your Content for any purpose, subject in all respects to the terms of this Agreement and our Privacy Policy. You acknowledge and agree that your Content may be aggregated with the data of others that submit any data or information to 3MayDay or our Services in a manner that does not identify you (the “Aggregated Data”) and that 3MayDay may sell or use for any purpose such Aggregated Data, without limitation hereunder. If you object to your Content being used in a manner permitted by this Agreement and the Privacy Policy, you may not use our Services. Upon termination of your Login Credentials for any reason, you may no longer have access to any of the Content that you provided to our Services.

(e) Term. This Agreement shall be in effect until terminated by either you or 3MayDay as follows. You may terminate this Agreement at any time for any reason by deactivating your account and discontinuing your use of our Services. If you stop using our Services without deactivating your account, your account may be deactivated due to prolonged inactivity. 3MayDay reserves the right to discontinue or cease any or all services provided by our Services and this Agreement, at any time in our sole discretion, or to discontinue your account at any time in our sole discretion. Sections 2(d), 2(e), and 5 through 9 of this Agreement shall survive the expiration or termination of this Agreement according to their terms.

3. Charges. Using our Services is currently free. We may choose to change our policy regarding fees from time to time. Thus, for now, you are only responsible for any third-party charges (for example, without limitation, any SMS, data overages, or other phone charges) associated with your use of our Services.

4. Standards of Conduct and Applicable Law.

(a) Conduct. You may not use our Services to:

(1) post or transmit any Content via or through our Services that is, or which 3MayDay considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(2) introduce viruses, worms, Trojan horses and/or harmful code to our Services or on the Internet;
(3) display material that exploits children less than 18 years of age;
(4) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
(5) harass, embarrass or cause distress or discomfort upon another user;
(6) impersonate any other person, including but not limited to, another user or 3MayDay official;
(7) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 18 years of age);
(8) use our Services for the purpose of spamming anyone or for soliciting personal information, including credit card numbers;
(9) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing our Services or in connection with your use of our Services, in any manner;
(10) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; or
(11) collect, save or otherwise download Content from our Website using automated means such as bots, robots or scrapers.
3MayDay reserves the right, without prior notice and in its sole discretion, to decide whether your Content violates these terms and conditions for any of the above reasons or for any other reason, and if 3MayDay does so, to remove such Content and/or terminate your access to all or certain areas of our Services.

(b) Applicable Law. Your use of our Services is subject to all applicable, local, state, national laws and regulations. You may only use our Services for lawful purposes. You shall not use or allow others to use our Services in any manner that attempts to, or is likely to, violate any applicable laws or regulations or violate or infringe any intellectual property rights, rules of publicity or privacy. If you share Content using our Services, then you are solely responsible for ensuring that such Content conforms to the standards of conduct set forth herein.

5. Intellectual Property Rights; Restrictions.
(a) Restrictions. You shall not, and shall not permit any person or entity to: use our Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; alter, enhance, or make derivative works of our Services; reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, our Services or any software component of our Services; use, or allow the use of, our Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; and/or act in a fraudulent, tortious, malicious, or negligent manner when using our Services.

(b) Ownership. You acknowledge that the structure, organization, and code used in conjunction with our Services are proprietary to 3MayDay and that 3MayDay and/or its licensors, if any, retain exclusive ownership of our Services, documentation, and any other intellectual property rights relating to our Services, including without limitation all modifications, enhancements, derivatives, and other software and materials relating to our Services, and all copies thereof. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including without limitation any modifications, enhancements, derivatives, and other software and materials provided hereunder by 3MayDay or copies thereof to others in violation of this Agreement.

(c) No Other Rights. Except as expressly set forth in this Agreement or other written agreement between you and 3MayDay, no license or other right in or to our Services or any Content provided thereon are granted to you, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.

(d) Suggestions. If you provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to 3MayDay for improvements to our Services, you hereby grant to 3MayDay a non-exclusive, royalty-free, transferable, sublicensable, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with our Services and any other products or services.

6. Limited Warranty.

(a) Warranties; Disclaimer. As a condition of your use of our Services, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use our Services in accordance with this Agreement; (iv) all information supplied by you on or through our Services, accurate, current, and complete, and (v) if you have account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone using our Services, at any time and for any reason, including without limitation for violation of this Agreement.

(b) Disclaimers. YOU ACKNOWLEDGE THAT OUR SERVICES AND ANY CONTENT AVAILABLE ON OR THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND YOUR USE OF OUR SERVICES AND RELIANCE ON ANY CONTENT THEREON IS AT YOUR SOLE RISK AND DISCRETION.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE PROVIDE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION OR CONTENT AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) OUR SERVICES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

7. Limitation of Liability.
(a) Limitation. 3MayDay’s aggregate liability for all claims arising from this Agreement, cumulatively between you and 3MayDay, shall not exceed USD $100.00. Further, 3MayDay shall not be liable for any property damage or personal injuries or death caused by the use of our Services or by any errors, delays, or failures of our Services.

(b) Disclaimer. IN NO EVENT SHALL 3MAYDAY OR ITS LICENSORS, RESELLERS, AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE OR RELATED SERVICES OR ATTENDANCE AT ANY EVENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. Indemnification.
(a) By you. You shall indemnify and hold 3MAYDAY, its directors, officers, employees, suppliers, agents, successors, and assigns harmless from and against all third party liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by your use of our Services, including Content posted by you; your use of or reliance on any content that you learn or acquire via our Services; and/or your gross negligence or willful misconduct.

(b) By 3MayDay. 3MayDay shall indemnify and hold you harmless from and against all third party liabilities, losses, costs, expenses (including reasonable attorneys’ fees) and damages awarded to a third party to the extent caused by a claim alleging that our Services (excluding third party content posted on our Services) directly infringes a copyright, a U.S. patent, or a trademark of a third party, other than any Content that is posted by you or another user.

(c) Procedure. A party’s obligations to indemnify the other party with respect to any third party claim, action or proceeding shall be conditioned upon the indemnified party: providing the indemnifying party with prompt written notice of such claim, action or proceeding, permitting the indemnifying party to assume and solely control the defense of such claim, action or proceeding and all related settlement negotiations, with counsel chosen by the indemnifying party, and cooperating at the indemnifying party’s request and expense with the defense or settlement of such claim, action or proceeding which cooperation shall include providing reasonable assistance and information. No indemnified party shall enter into any settlement agreement for which it will seek indemnification under this Agreement from the indemnifying party without the prior written consent of the indemnifying party. Nothing herein shall restrict the right of a party to participate in a claim, action or proceeding through its own counsel and at its own expense.

9. Miscellaneous.
(a) Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of California, excluding its conflicts of laws principles. All legal actions concerning this Agreement shall be brought in a court located in San Francisco, California. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in San Francisco, California, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and 3MayDay shall appoint as sole arbitrator a person mutually agreed by you and 3MayDay or, if you and 3MayDay cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, 3MayDay shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of California or any other court of competent jurisdiction. CLAIMS BY YOU OR US UNDER THIS AGREEMENT MUST BE BROUGHT IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, UNLESS OTHERWISE AGREED TO BY US. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

(b) Links to Third-Party Web Sites. Our Services may contain links to non-3MayDay products or services. These links are provided to you as a convenience, and 3MayDay is not responsible for the content of any linked web site. Any non-3MayDay web site accessed from our Services is independent from 3MayDay, and 3MayDay has no control over the content of that web site. In addition, a link to any non-3MayDay products or services does not imply that 3MayDay endorses or accepts any responsibility for the content or use of such products or services.

(c) No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by 3MayDay of that third party or of any product or service provided by a third party.

(d) Assignment. You may not assign or transfer this Agreement in whole or in part to any third party. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns.

(e) Independent Contractors. 3MayDay and you are not partners, joint ventures, agents, employees or representatives of the other party. This Agreement, together with the Privacy Policy, any written agreement between you and 3MayDay, and any other terms and conditions set forth on our Services, contains the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written).

(f) Export Restrictions. The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from our Services may be exported, in any way, in violation of United States law.

(g) Headings; Severability. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

For Additional Information
If you have any questions about the rights and restrictions above, please contact us by email at info@3mayday.com.

Copyright © 2017 3MayDay, Inc. All Rights Reserved.
Version: June 28, 2017