Terms and Conditions
Last updated: July 05, 2018
Please read these Terms and Conditions ("Terms", "Terms and
Conditions") carefully before using the Family Drive mobile
application (the "Service") operated by Naboo Inc ("us", "we", or
"our").
Your access to and use of the Service is conditioned upon your
acceptance of and compliance with these Terms. These Terms apply
to all visitors, users and others who wish to access or use the
Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not
have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving
any, or all, of these communications from us by following the
unsubscribe link or instructions provided in any email we send.
Subscriptions
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring
and periodic basis ("Billing Cycle"). Billing cycles are set
either on a monthly or annual basis, depending on the type of
subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you
cancel it or Naboo Inc cancels it. You may cancel your
Subscription renewal either through your online account management
page or by contacting Naboo Inc customer support team.
A valid payment method, including credit card, is required to
process the payment for your Subscription. You shall provide Naboo
Inc with accurate and complete billing information including full
name, address, state, zip code, telephone number, and a valid
payment method information. By submitting such payment
information, you automatically authorize Naboo Inc to charge all
Subscription fees incurred through your account to any such
payment instruments.
Should automatic billing fail to occur for any reason, Naboo Inc
will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
Fee Changes
Naboo Inc, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current
Billing Cycle.
Naboo Inc will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee
change comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are
non-refundable.
Content
Our Service allows you to post, link, store, share and otherwise
make available certain information, text, graphics, videos, or
other material ("Content"). You are responsible for the Content
that you post on or through the Service, including its legality,
reliability, and appropriateness.
By posting Content on or through the Service, You represent and
warrant that: (i) the Content is yours (you own it) and/or you
have the right to use it and the right to grant us the rights and
license as provided in these Terms, and (ii) that the posting of
your Content on or through the Service does not violate the
privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to
terminate the account of anyone found to be infringing on a
copyright.
You retain any and all of your rights to any Content you submit,
post or display on or through the Service and you are responsible
for protecting those rights. We take no responsibility and assume
no liability for Content you or any third party posts on or
through the Service. However, by posting Content using the Service
you grant us the right and license to use, modify, perform,
display, reproduce, and distribute such Content on and through the
Service.
Naboo Inc has the right but not the obligation to monitor and edit
all Content provided by users.
In addition, Content found on or through this Service are the
property of Naboo Inc or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or
use said Content, whether in whole or in part, for commercial
purposes or for personal gain, without express advance written
permission from us.
Accounts
When you create an account with us, you guarantee that you are
above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate
termination of your account on the Service.
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction
of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur
under your account and/or password, whether your password is with
our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person or entity
or that is not lawfully available for use, a name or trademark
that is subject to any rights of another person or entity other
than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided
by users), features and functionality are and will remain the
exclusive property of Naboo Inc and its licensors. The Service is
protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service
without the prior written consent of Naboo Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services
that are not owned or controlled by Naboo Inc
Naboo Inc has no control over, and assumes no responsibility for
the content, privacy policies, or practices of any third party web
sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Naboo Inc shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or
through any such third party web sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that you
visit.
Termination
We may terminate or suspend your account and bar access to the
Service immediately, without prior notice or liability, under our
sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue
using the Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Naboo Inc and its
licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to attorney's fees), resulting
from or arising out of a) your use and access of the Service, by
you or any person using your account and password; b) a breach of
these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Naboo Inc, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages,
including without limitation, loss of profits, data, use,
goodwill, or other intangible losses, resulting from (i) your
access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized
access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence)
or any other legal theory, whether or not we have been informed of
the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The Service is
provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose,
non-infringement or course of performance.
Naboo Inc its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or
other harmful components; or d) the results of using the Service
will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may
not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the
laws of Delaware, United States, without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in effect. These
Terms constitute the entire agreement between us regarding our
Service, and supersede and replace any prior agreements we might
have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace
these Terms at any time. If a revision is material we will provide
at least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole
discretion.
By continuing to access or use our Service after any revisions
become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized to
use the Service.
Contact Us
If you have any questions about these Terms, please contact us.