for Apps and Services
This is a legal agreement between you (“you”, or “your”) and First Orion Corp. d/b/a PrivacyStar™ (“PrivacyStar”, or “we”, or “our” or “us”).
This agreement applies to all implementations of app functionality whether provided through a First Orion website, a PrivacyStar application, through a customized private branded application or through a customized in-network solution (collectively, the “Service” or, the “Services”).
Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Service including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components and any updates, modifications or enhancements to these items accompanying this License.
YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.
Various features and functions of the Service are offered for free as well as part of a paid Service. By utilizing the free version, certain features and functions may be inoperable.
The Service includes features and functionality to identify unknown callers, block unwanted callers, automatically block known scammers, perform number lookups, block all private or unknown callers, file complaints and report call violations to the proper authorities, and receive enhanced information about who is calling and why.
Some of these Services may include content from third parties.
4.1 License Grant. Subject to the restriction set forth herein, First Orion grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Service on a single device owned and controlled by you (“Device”), and to access and use the Service on such Device strictly in accordance with the terms and conditions of this License.
4.2 Restrictions on Use.
(A) You agree that you will not use the Service or the information obtained through the Service:
(a) for solicitations, commercial or otherwise;
(b) for incorporation into a commercial product or service;
(c) to download information by using any type of automated means;
(d) for the purposes of soliciting, offending or harassing any person or persons;
(e) to enter content which in any way: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of another, or (iii) are known to be false or misleading at the time of entry.
(f) to harm minors in any way;
(g) to impersonate any person or entity, including, but not limited to, a First Orion representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) to provide any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(i) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
(k) intentionally or unintentionally violate any applicable local, state, national or international law.
(B) You shall not:
(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Service;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Service;
(c) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of First Orion or its affiliates, partners, suppliers or the licensors of the Service;
(d) install, use or permit the Service to exist on more than one Device at a time or on any other mobile device or computer;
(e) make the Service available over a network or other environment permitting access or use by multiple Devices or users at the same time;
(f) use the Service for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by First Orion;
(g) use the Service to send automated queries to any website or to send any unsolicited commercial e-mail;
(h) use any proprietary information or interfaces of First Orion or other intellectual property of First Orion in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Service;
(i) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Service or the Device; or
(j) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Service. You agree to abide by the rules and policies established from time to time by First Orion. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Service and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
(C) You may not rent, lease, lend, sublicense or transfer the Service, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License.
5.1 Rights to the Service. You acknowledge and agree that the Service any copies thereof (including without limitation any copy that you download, install, or use on your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of First Orion or its affiliates, licensors and suppliers. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Service are the intellectual property and proprietary and confidential information of First Orion and its affiliates, licensors and suppliers. Title to the Service shall remain with First Orion. First Orion and its partners, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Service (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Service by implication, estoppel or other legal theory, and all rights in and to the Service not expressly granted in this License are hereby reserved and retained by First Orion. These obligations survive termination of this License.
5.2 First Orion Marks. You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from First Orion including, but not limited to: “PrivacyStar™”, “PrivacyStar”, “Lookup+”, “Lookup+™”, “CallerYD™”, “CallerYD”, and “Scam Likely” (the “First Orion Marks”). You are not authorized to use the First Orion Marks in any advertising, publicity or in any other commercial manner without the prior written consent of First Orion, which may be withheld for any or no reason. These obligations survive termination of this License.
5.3 Third Party Software. The Service may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software.
6.1 General. You acknowledge that the Service may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
6.2 Disclaimer. You acknowledge that First Orion does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Service). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and First Orion and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. First Orion hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.
6.3 Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Service are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from your transaction of business over the Internet or your use of Third Party Content and Services, and you agree that First Orion and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that this License does not grant you any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
6.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by First Orion or its affiliates of such Third Party Content and Services.
IF YOU HAVE PAID ANY FEE TO FOR USE OF THE SERVICE, IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY FIRST ORION, AND FIRST ORION MAY, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE SERVICE. FIRST ORION WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE.
The following Claims not subject to this agreement to arbitrate:
20.1 Governing Law. This License shall be deemed to take place in the State of Arkansas and shall be governed by and construed in accordance with the laws of the State of Arkansas, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You and First Orion agree that any dispute or claim arising out of or relating to the Service or your use of the Service must commence within one (1) year after the dispute or claim accrues. Otherwise, such dispute or claim is permanently barred. This Section 20.1 is not intended to and does not alter any provisions of your applicable wireless service agreement.
20.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
20.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
20.4 Export Control. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Service for any purposes prohibited by United States law.
20.5 Modification or Amendment. First Orion may modify or amend the terms of this License at any time by posting a copy of the modified or amended License available through http://www.privacystar.com/terms-use. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service following the date in which the modified or amended License is made available through the Service.
20.6 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
20.7 Third Party Beneficiaries. Except as provided in this Section, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
20.8 Assignment. You shall not assign this License or any rights or obligations herein without the prior written consent of First Orion and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
20.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
Last Updated July 16, 2018.
Providing transparency in the call process.