Thank you for downloading, installing, accessing or otherwise using MyGreatTimeline, hereinafter, the “App”. By accessing or using the App, you are entering into a binding agreement, hereinafter the “Agreement” with the developer of the App, Go Arctic Tern, LLC, hereinafter the “Company”, and you agree to be bound by the provisions set forth in this Terms of Service, and any ancillary, related or referenced documents.
The Agreement applies to any person, company or entity which downloads, installs, uses or accesses the App, or any data or information contained or stored in the App. The Agreement between you and the Company is binding upon you and any other person, company or entity which obtains, uses, accesses or benefits from the App or the data or information contained in the App. If you act on behalf of a company or entity when you use or access the App or any data or information contained in the App, you hereby represent and warrant that you have authority to bind the company or entity to this Agreement.
In order to download, install and set up the App on a device, certain user, password and payment information must be provided to the Company. Other than the information which is provided to the Company in order to download, install and set up the App, the Company will have no access to any information, data, documents or images which have been inputted, copied, scanned or otherwise stored in the App. Any personal information acquired by the Company in the installation and set up of the App will be used by the Company in accord with the Company’s Privacy Policy.
The information, data, documents and/or images which are stored in the App, hereinafter “Data”, will be stored ‘locally’ on the phone or device upon which the App is installed, hereinafter, the “Phone”. The Data will not be uploaded to the Company, the internet or any centralized data processing, cloud or other storage facility by the Company. You understand and hereby acknowledge that the Data will not be archived or backed up by the Company, and that you assume all risk of loss of Data in the event that the Phone is damaged, lost, stolen or destroyed.
You understand and acknowledge that the App is not designed or intended to be used for the primary storage of any Data. You should keep original copies of all such information, data, documents, pictures and other images in a secure location which is readily accessible when and if needed. You may want to backup the Data on a separate phone or device, or on the internet or in a cloud computing system. However, the Company will not be involved in any such backup storage, and the Company shall have no responsibility or liability with respect to such backup storage.
The Data stored on a Phone is not encrypted. You assume all risk of loss in the event that the security of your Phone is breached or otherwise compromised. If you choose to send Data from the Phone via email, text, facsimile or any other means, you assume all responsibility therefore and all risk of data breach arising from or related to the Data.
You agree to indemnify and hold the Company, its officers and members and employees harmless from any and all claims, damages or costs in the event that the Data is accessed by a third party for any purpose other than the intended use.
You are solely responsible for the truth and accuracy of the Data, including all, information, images and content stored in the App and any metadata such as time stamping geolocation data incidental or related thereto.
You represent and warrant that you are using the App and/or Data for your own personal, lawful and non-commercial use. Any other use violates this Agreement and voids any obligation of the Company with respect to your use of the App and/or Data.
The Company will have no access to the Data, and you covenant and agree to use the App and Data only in accordance with applicable laws, rules and regulations, and you shall not use the App or Data in such a manner as to interfere with the rights of any other person or entity or in furtherance of any illegal, immoral or unethical purpose.
Any information, representations or advice you receive, and any products or services which you may be offered through advertising or other messaging included in the advertising portion of the App screen or otherwise presented on or in connection with the App are and will be solely and exclusively from third parties and not the Company. The Company shall have no liability for any such third-party information, representation, advice, product or service.
You understand, acknowledge and agree that the Company has not given any legal advice to you, nor has the Company or anyone else made any representations regarding the potential use or effect of the Data. The Company’s sole intention is to provide a convenient storage platform so that you can store and quickly access the information, data, documents, photos and images which you choose to store in the App, which you may want to access and use in order to show the length of time you or someone else has been in the United States.
The Company has made no promises or representations regarding the likelihood of any particular treatment by the United States Department of Homeland Security, Immigrations and Customs Enforcement, federal, state or local law enforcement officers or agencies, or the members of the armed forces, including but not limited to the following:
The Company reserves the right to access, amend, modify, update, deactivate and/or remove the App at any time without prior notice. The App is intended to be compatible with currently available technology, phones, devices and operating systems. The App has been approved by Google for use with current operating systems for Android phones. The App has been approved for use with the current iOS operating systems on iPhones. The Company intends to update the App from time to time in order to maintain the compatibility of the App with changing technology and operating systems, however, the Company is under no obligation to do so. In the event that the Company, in its sole discretion, determines that updating the App is no longer practical for any technical, economic or other reason, then the Company may elect to cease updating the App, and shall have no further obligations hereunder.
The Company’s rights and duties, and your obligations under the Agreement shall survive the termination or revocation of the Agreement by either party. The Company’s rights and your obligations under the Agreement shall not be affected by the removal of the App from a Phone.
This Agreement is entered into as of the date you first download, install, use or access the App, and shall continue in effect until amended, terminated or revoked by the Company. Certain rights in favor of the Company may survive an amendment, termination or revocation of this Agreement. The Company reserves the right to modify, amend, supplement, revise and restate the provisions set forth in the Terms of Service from time to time. In the event of a significant modification, amendment, supplement, revision or restatement of the Terms of Service, the Company will exercise its best efforts to promptly notify you of such significant modification. Unless otherwise stated therein, any modification, amendment, supplement, revision or restatement of the Terms of Service shall relate back to the time you first download, install, use or access the App and cover the entire period thereafter.
The App is intended for use in the United States of America. You agree to install, use and access the App and Data only in accordance with the laws, rules and regulations of the United States, the State of Georgia, and the State and locality wherein you are located at the time you install, use or access the App or Data.
If you use or attempt to use or access the App or Data outside of the United States of America, you agree to do so only upon the following conditions: (1) such use or access is in full compliance with the laws of the United States and of the jurisdiction of the country within which such use or access is done or attempted, (2) such use or access does not affect the App, the Data or the Company in any manner, including but not limited to subjecting the App, Data or the Company to any laws, rules or regulations promulgated by any country other than the United States, or any jurisdiction, entity or organization located outside of the United States, or in violation of any international treaty, and (3) you agree that you are solely responsible for such use or attempt and agree to indemnify and hold the Company harmless from any claims, costs or damages which may arise from, or in any way relate to such use or access.
You agree to install, use and access the App and Data only in compliance with the terms governing use of the Phone and the applicable telecommunications service provider. You will be solely and exclusively responsible for any installation, use or access of the App or Data which fails to comply with the terms governing use of the Phone and the applicable telecommunications service provider. You agree to indemnify and hold the Company harmless from any and all claims, liability, damages and costs which may arise from or are related to an installation, use or access of the App or Data which fails to comply with the terms governing use of the Phone and the applicable telecommunications service provider.
Time is of the essence of this Agreement.
This Agreement shall be governed by the laws of the United States and State of Georgia. In the event of any dispute arising from, related to, or otherwise regarding the App, the use thereof, and/or any Data, the parties agree that jurisdiction and venue shall be in the courts of Fulton County, Georgia. You agree that your relationship to the Company is individual and unique. In the event of any litigation, you will act solely in your individual capacity. You hereby waive any and all right to represent or be included as part of a class in any litigation.
You agree that the Company shall not be liable to you for any damages not directly and proximately caused by the gross negligence or willful misconduct of the Company, which gross negligence or willful misconduct of the Company is not mixed with negligence or misconduct by you or any third party. You further agree that the maximum liability of the Company to you shall not exceed the amount actually paid directly by you to the Company for the purchase and use of the App, including any upgrades or enhancements to the App.
The Company makes no representations or warranties as to the App, Data or the fitness thereof for any intended use. The Company expressly disclaims all and all warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for any specific purpose or use. You hereby waive any claim against the Company for consequential, special or foreseeable damages, punitive damages or loss of earnings. Any claim against the Company must be filed within six (6) months of the date when the claim first arose.
In the event that any provision herein is determined to be unlawful or unenforceable, then in such event: (1) such determination shall not affect any remaining provisions of the Agreement, and (2) if possible, the offending provision will be reformed so as to comply with applicable laws or rules so as to render such provision lawful and enforceable, while giving the greatest possible deference to the expressed intention of the parties as set forth herein.
This Agreement and any Privacy Policy which is or may be promulgated by the Company constitute the entire agreement between you and the Company. You have not relied upon any representations or warranties which are not expressly set forth in this Agreement. In addition to the terms set forth herein, you may be subject to additional terms and conditions established by third parties, including but not limited to the maker of the Phone and any telecommunications company with which the Phone is connected.