This TOU provides to an individual user (identified herein as “you” or “user” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and non sublicensable license to use the Content on a single mobile or computer device that is owned or otherwise controlled by you.
LICENSE GRANT RESTRICTIONS
This TOU provides only a license and not an assignment nor sale. The Humane Space transfers no ownership or intellectual property interest or title in and to the Content, to you, or anyone else. Further, The Humane Space reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by The Humane Space) the Content. In addition, you shall not enter any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering The Humane Space or the use of the Content (or any part thereof).
You agree to abide by all applicable local, state, national, and international laws and regulations (including traffic laws) with respect to your use of the Content. By accessing or using the Content, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will always provide true, accurate, current, and complete information when submitting information or materials to or through the Content.
The Content is owned by The Humane Space, Inc. and/or its licensor(s). © 2022-23 The Humane Space, Inc. All rights reserved. THE HUMANE SPACE and all other names, logos, and icons identifying The Humane Space and its solutions, products, and services are proprietary trademarks of The Humane Space, and any use of such marks without the express written permission of The Humane Space is strictly prohibited. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.
LINKS TO THIRD-PARTY SITES
The Content may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Sites”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom The Humane Space exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). The Humane Space encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.
ASSUMPTION OF RISK
You acknowledge and agree that use of the Content is solely at your own risk, and that you are solely responsible for exercising good judgment, acting in a safe and responsible manner, and obeying all pedestrian or traffic laws and regulations. You understand that failing to pay full attention to your surroundings while using the Content may cause an accident, damage, injury, death, or other serious consequences to you or to others. You also acknowledge and agree that you will use the Content for general information purposes, and that you will not rely on the Content for a life-or-death situation.
THE CONTENT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE HUMANE SPACE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THE HUMANE SPACE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE HUMANE SPACE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CONTENT. TOTAL LIABILITY OF THE HUMANE SPACE FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE CONTENT, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE CONTENT WHATSOEVER, THE TOTAL LIABILITY OF THE HUMANE SPACE SHALL NOT EXCEED $10.
Use of the Content constitutes agreement to enter transactions electronically. This TOU has been made in, and will be construed and enforced in accordance with, the laws of the State of Maine, as applied to agreements entered and completely performed in the State of Maine.
You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of The Humane Space proprietary assets, will cause irreparable injury to The Humane Space. Such injury would not be quantifiable in monetary damages and The Humane Space would not have an adequate remedy at law. You therefore agree that The Humane Space shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that The Humane Space post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to The Humane Space to enforce any provision of this TOU.
TERM AND TERMINATION
This TOU will take (and re-take) effect at the time you accept, download, or begin using the Content, whichever is earliest. This TOU will terminate automatically if: (i) you fail to comply with any of this TOU; or (ii) you cease all use of the Content. Termination in such event(s) will be effective without notice. In addition, The Humane Space may, in its sole discretion, terminate this TOU or suspend the Content’s performance upon notice to you for any reason. Upon termination of this TOU, all right(s) to use the Content shall immediately cease and you must promptly delete or destroy all copies of the Content in your possession or control. The provisions concerning License Grant Restrictions, Proprietary Rights, Disclaimer, Limitation of Liability, Governing Law, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.
WAIVER AND SEVERABILITY
Failure of the Humane Space to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Humane Space of any right under this TOU will be deemed to be either a waiver of any other right or provision, or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
You and The Humane Space are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and The Humane Space as a result of this TOU or your utilization of the Content. This TOU represents the entire agreement between you and The Humane Space with respect to your individual use of the Content. This TOU may not be assigned, transferred, conveyed, delegated, nor granted by you to another party or person without the prior written consent of The Humane Space. Please note that The Humane Space reserves the right to change this TOU under which the Content and its offerings are extended to you, by posting online or on the Content a revised TOU, or by emailing notice thereof to you. In addition, The Humane Space may add, modify, or delete any aspect, program, functionality, or feature of the Content. Your continued use of the Content following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the TOU of this TOU. Accordingly, you are expected to review this TOU on a periodic basis if you continue to use the Content.
If you have questions regarding the Content or if you are interested in obtaining more information concerning The Humane Space or its products, services, or solutions, please contact The Humane Space at email@example.com.