MidTrade, Inc. App End User License Agreement
This End User License Agreement (“Agreement”) is between you and MidTrade, Inc. ("we", "us", "our") and governs use of the MidTrade and MyCollegeTown web and mobile apps ("app", "apps") made available through our app distributors (“Distributor”), including but not limited to Apple App Store and Google Play. By installing or using our App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the MidTrade, Inc. App.
In order to ensure we provide the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report for abuse" feature found under each post.
This Agreement is between you and MidTrade, Inc. only, and not the Distributor. Notwithstanding the foregoing, you acknowledge that the Distributor and its subsidiaries are third party beneficiaries of this Agreement and has the right to enforce this Agreement against you. MidTrade, Inc., not the Distributor, is solely responsible for the apps and their content.
We may collect and use information about your usage of the our apps, including certain types of information from and about your device. We may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the apps.
MidTrade, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use our apps for your personal, non-commercial purposes. You may only use the apps on devices that you own or control and as permitted by the Distributor's Terms of Service.
4. Age Restrictions
By using the apps, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of our apps does not violate any applicable law or regulation. Your access to the apps may be terminated without warning if we believe, in our sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the apps, you agree to be bound by this Agreement in respect to your child's use of the apps.
5. Objectionable Content Policy
Content may not be submitted to MidTrade, Inc., who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Content reported as abusive will be reviewed within a 24-hour period and promptly removed if found to be in violation of this agreement. Users repeatedly posting abusive content will be in direct violation of this agreement and their license and access will be revoked.
We disclaims all warranties about our apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, MidTrade, Inc., not the Distributor, shall be solely responsible for such warranty.
7. Maintenance and Support
We provide minimal maintenance or support for the apps but not to the extent that any maintenance or support is required by applicable law. MidTrade, Inc., not the Distributor, shall be obligated to furnish any such maintenance or support.
8. Product Claims
MidTrade, Inc., not the Distributor, is responsible for addressing any claims by you relating to the app or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
We shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to our apps. To the extent we are required to provide indemnification by applicable law, MidTrade, Inc., not the Distributor, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the app or your use of it infringes any third party intellectual property right.