ChangemakerZ Portal is licensed to You (End-User) by ChangemakerZ Media, located at 6099 Winfield Blvd, San Jose, California 95120, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By using the ChangemakerZ Portal from the address https://portal.changemakerz.org or https://account.portal.changemakerz.org and any other related subdomains or third party domain names, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple, Google or other software providers are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. ChangemakerZ Media, not Apple, Google, or other software providers, are solely responsible for the licensed Application and the content thereof.
All rights not expressly granted to You are reserved.
ChangemakerZ Portal (hereinafter: Application) is a piece of software created to give access on data visualizations of ChangemakerZ media to marketers, advertisers and podcast guest. It also gives the ability to purchase ads that will get featured on ChangemakerZ Media. - and customized for Apple mobile devices. It is used to data visualization of: website performance, visitors behaviors, products feedback, media insights and analytics, podcast performance, specific episode’s performance.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with ChangemakerZ Media's prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address firstname.lastname@example.org.
ChangemakerZ Media and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
7.2 Licensor takes no accountability and responsibility in case of Users are not allowed to share any data visualization outside the app environment for any purpose, subject or not to these terms and conditions. This includes, screen recordings, photos, screenshots and other possible ways of extracting data out the application. .
8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your Use. Licensor warrants that the Application works as described in the user documentation.
8.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of ChangemakerZ Media's sphere of influence that affect the executability of the Application.
8.3 You are required to inspect the Application immediately after installing it and notify ChangemakerZ Media about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
8.4 If we confirm that the Application is defective, ChangemakerZ Media reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
ChangemakerZ Media and the End-User acknowledge that ChangemakerZ Media, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit, and other third parties softwares.
You represent and warrant that You are not located in a 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; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
ChangemakerZ Portal Support - Email: email@example.com