theSCOOP App Terms of Service and End User License Agreement
Revised March 24, 2019
CRICKET WIRELESS, LLC. (TOGETHER WITH ITS AUTHORIZED DISTRIBUTORS AND AFFILIATES, "CRICKET") licenses the Ad It Up application (the "Application" or "App") to You, conditioned upon Your acceptance of this End User License Agreement ("Agreement" or "License"). Cricket is making this App available to You through an agreement with Mobile Posse, Inc. ("Mobile Posse"), which is the supplier of the App.
PLEASE REVIEW THIS LICENSE CAREFULLY AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("YOU" or "YOUR") AND CRICKET. BY CLICKING "I AGREE" OR "ACCEPT", OR BY DOWNLOADING, INSTALLING OR USING THIS APP, AN APPLICATION FOR ANY MOBILE CELLULAR TELEPHONE DEVICE RUNNING A LEGAL VERSION OF THE "ANDROID" OPERATING SYSTEM, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS;
(B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER;
(C) ACKNOWLEDGE THAT IN NO EVENT IS THIS APP TO BE USED BY PERSONS UNDER THE AGE OF 13;
(D) ACKNOWLEDGE THAT IF YOU ARE BETWEEN 13 YEARS AND 18 YEARS OLD, YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREES TO THE TERMS;
(E) ACKNOWLEDGE THAT THESCOOP IS OFFERED THROUGH AN AGREEMENT BETWEEN CRICKET AND ITS VENDOR, MOBILE POSSE, AND AGREE THAT MOBILE POSSE WILL COLLECT AND USE YOUR INFORMATION TO PROVIDE THE PRODUCTS AND SERVICES REQUESTED BY YOU THROUGH THE APP AND MAY PROVIDE AGGREGATE APP DATA ANALYTICS TO CRICKET.
(G) AGREE THAT TO THE EXTENT YOU HAVE A DISPUTE WITH CRICKET, THE TERMS OF THE MOST CURRENT CRICKET WIRELESS SERVICE TERMS AND CONDITIONS AT https://www.cricketwireless.com/terms, ("TERMS") APPLY. THE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE TERMS, THE APPLICABLE PROVISION OF THE TERMSs SHALL CONTROL;
(H) ACKNOWLEDGE AND AGREE THAT THIS APP ACCESSES AND USES YOUR LOCATION INFORMATION TO PROVIDE ADVERTISING TO YOU BASED ON THE LOCATION OF YOUR DEVICE.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT REGISTER OR OTHERWISE USE THE APP.
If at any time after reviewing or using the App You wish to terminate such use or this License, You must cease using this App on Your Device. "Device" has the same definition as used in the TERMS and means any Android-compatible basic phone, smartphone, or tablet that Cricket Wireless, or a retail location authorized by Cricket, provides or sells to You, or You provide, and that Cricket Wireless activates with a Cricket SIM card on Your account;
1. THE APP.
The App allows You to access and be presented with content on Your Device. The App will provide You the ability to customize content category settings (e.g., business, sports, entertainment, news, etc.). The App's operation on Your Device, excluding activities that You initiate on the App by opting in or by using the App, may generate up to 5 MB of data usage per month. Voice, data and messaging rates may apply when You use the App, including domestic and international roaming charges, if applicable, and you agree that You are solely responsible for any cellular usage charges You incur by using the App.
1.2 CONSENT TO DISCLOSE LOCATION INFORMATION: In order to provide content tailored to your device's location, such as weather, news, local events and offerings of interest to you based on location ("Customized Content"), Cricket may disclose or allow the disclosure to our vendor Mobile Posse of the location of your device based on general geographic latitude and longitude of your device ("Location Information"). Cricket and its vendor Mobile Posse do not retain Your Location Information longer than is reasonably necessary for such use. Cricket and its vendor Mobile Posse may also aggregate and use location information, after removing or obscuring any of Your personally identifiable information, for other purposes, including, without limitation, for analytics purposes and/or to maintain and improve the App.You can choose not to share Location Information with the App by adjusting device settings.
In addition, in order to deliver and verify the delivery of such Customized Content to You, this App collects and uses your IP Address, cookie data, Device Information (such as make, model, manufacturer, OS, browser user agent string), Device Serial Number, Device IMEI, Android ID, Android Advertising ID, Mobile Telephone Number, and Carrier Network Subscriber ID.
1.3 CONSENT TO DISCLOSE PERSONAL INFORMATION: In order to provide tailored content in the App, Cricket may disclose, or allow the disclosure to our vendor Mobile Posse or other third parties of, Your personal information, including without limitation gender, zip code, language preference, Content You subscribe to, Content You view or click on, IP Address & Cookie Data, Device Location, Device Information, Device Serial Number, Device IMEI, Android ID, Android Advertising ID, Mobile Telephone Number, and Carrier Network Subscriber ID. Cricket and its vendor Mobile Posse also may aggregate and use Your Personal Information for analytics purposes and/or to maintain and improve the App. If You wish to stop allowing Your Personal Information to be collected, You must cease using the App.
Cricket and its vendor Mobile Posse will not sell any information that identifies You personally to third parties for commercial purposes; however, Cricket or its vendor Mobile Posse may share aggregate and anonymized data that does not identify You personally to Cricket and its parent, AT&T, consultants, advertising clients, advertising agencies and other third parties. In addition, Cricket or its vendor Mobile Posse may provide Your personal information in the following circumstances: (a) to comply with the law or respond to lawful requests or legal process; or (b) if Cricket has reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the rights or property of Cricket, or users of the App.
1.4 DISCLOSURE TO THIRD PARTIES: This App or our vendor Mobile Posse may disclose or allow the disclosure of Your personal and other information to third parties as set forth herein, for purposes of ensuring accuracy in the delivery of advertisements to You. Third parties include advertisers, content providers (companies that create or distribute video programming or content), social media networks, analytics firms (companies that measure and analyze consumer behavior in the app, including what users watch) and ad networks (companies that deliver and track ads for multiple advertisers across numerous websites). These third parties may independently gain other demographical information about You through Your interaction with their advertisements, and their practices are subject to their own privacy policies. As stated in Section 4 of this Agreement, You acknowledge that Your access to and use of the Third Party Content and Services is at Your sole discretion and risk.
2. LICENSE GRANT AND USE RESTRICTIONS
2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Cricket or its affiliates, partners, or suppliers; (e) use the App in a manner that derives revenue directly from the App, or use the App for any other purpose for which it is not designed or intended; (f) distribute the App to multiple Devices; (g) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (h) use the App 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 Cricket; (i) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information, interfaces or other intellectual property of Cricket, or its affiliates, partners, or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (k) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or Your Device; or (l) 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 App. You agree to abide by the rules and policies which are established from time to time by Cricket in this License or any amendments thereto. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App and obtaining available patches to address security, interoperability or performance issues. Your continued use of the App indicates Your agreement to the revised License. Accordingly, we urge You to frequently review the License and any amendments thereto, and, if You do not agree to the terms of such rules and policies or any revisions thereto, please cease using the App immediately.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Rights to App. You acknowledge and agree that the source and object code of the App (including whether or not present on Your Device; and including without limitation any copy that You download, install, or use on Your Device) and the format, directories, queries, algorithms, structure and organization of the App are the intellectual property and proprietary and confidential information of Cricket, its affiliates, licensors, or suppliers. The App is licensed, not sold, to You. Title to the App shall remain with Cricket. Cricket and its collaborators, 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 App (or any copy thereof) at any time without notice and will have no liability to You or any third party for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the App by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted in this License are hereby reserved and retained by Cricket. These obligations survive termination of this License.
3.2 Cricket and Mobile Posse Marks. Trademarks (including but not limited to the Cricket logo) that are used or displayed in the App are owned by Cricket Wireless LLC or its affiliates that offer and provide products and services on or through the App. The Cricket trademarks may not be copied or used, in whole, partial or modified form, without the prior written permission of Cricket Wireless LLC or, if applicable, its licensor. In addition, Cricket custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of Cricket Wireless LLC. You may not use any meta tags or any other "hidden text" utilizing a Cricket name, trademark, or product name without Cricket's express written consent.
In addition, 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 Supplier: "Mobile Posse" (the "Supplier Marks"). You are not authorized to use the Supplier Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Supplier, which may be withheld for any or no reason.
These obligations survive termination of this License.
3.3 Open Source Software. The App may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
4. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES
4.2 Disclaimer. You acknowledge that Cricket and Mobile Posse do not investigate, monitor, represent or endorse the Third Party Content and Services. Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Cricket and Mobile Posse 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.
5. TERM AND TERMINATION. This License shall be effective rom the time You download, install, copy or otherwise use the App until terminated. Cricket and/or Mobile Posse may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Cricket or Mobile Posse. Upon the termination of this License, You shall cease all use of the App and uninstall the App. Mobile Posse may, without notice to You, disable the App. Neither Cricket nor Mobile Posse will be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of suspending or terminating this License in accordance with its terms, and suspension or termination of this License will be without prejudice to any other right or remedy Mobile Posse may have, now or in the future. These obligations survive termination of this License.
6. ELECTRONIC NOTICES. You understand and agree that Cricket and Mobile Posse transact with the App users electronically and, therefore, may provide You with required notices and terms electronically, such as by posting a notice in the App, and/or sending You an email.
7. DISCLAIMER OF WARRANTIES.
YOUR USE OF THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APP, ANY APP-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE APP, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE APP AND ANY APP-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CRICKET AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
CRICKET AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT: (i) THE APP WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE APP ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE, COMPLETE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN CRICKET’S WEBSITE OR MOBILE POSSE’S WEBSITE (COLLECTIVELY, THE "SITES") OR SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE APP.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRICKET OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE APP OR THE SITES SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CRICKET, MOBILE POSSE, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO THE SITES, OR THE APP, EVEN IF CRICKET AND/OR MOBILE POSSE, AS APPLICABLE, OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITES AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CRICKET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless Cricket, Mobile Posse, and their respective officers, directors, agents, employees, underlying content and/or service providers, licensors and suppliers, and each of their respective subsidiaries and affiliates from and against any claim, proceeding, loss, expense, damage and cost, including reasonable attorneys' fees, made by any third party due to or arising out of Submitted Material or any other content You submit, post or upload to or transmit through the App or the Sites, Your use of the App or the Sites, Your connection to the App or the Sites, Your violation of these Terms, or Your violation of any law or the rights of another. These obligations will survive any termination of Your relationship with Cricket or Your use of the App. Cricket reserves the right to assume the defense and control of any matter subject to indemnification by You, in which event You will cooperate with Cricket in asserting any available defenses.
10.1 Governing Law; Venue. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between Cricket and You for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas.
10.2 Limitation on Actions; Waiver of Jury Trial. To the maximum extent permitted by applicable law, You must file any claim or suit related to the App within one year after it arises. Otherwise, such cause of action is permanently barred. YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THIS LICENSE.
10.3 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.
10.4 Waiver. Cricket's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
10.5 Modification or Amendment. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Cricket may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the App. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended License is made available through the App.
10.6 Survival. The following sections will survive termination of this License: Section 2.2 (Restrictions on Use), Section 3.1 (Rights to App), Section 5 (Term and Termination), Section 9 (Limitation of Liability), Section 11 (Miscellaneous), and any other provisions of this License which by their context are intended to survive the termination of this License.
10.7 Third Party Beneficiaries. Except as explicitly provided in this License, 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.
10.8 No Transfer by You. Cricket may assign its rights and duties under this Agreement to any party at any time without notice to You. Your rights and duties under these Terms are not assignable by You without written consent of Cricket. These Terms do not provide any third party with a remedy, claim, or right of reimbursement.
10.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
10.10 Questions, Comments, or Issues. If You have questions, comments, or issues regarding the App or Your usage thereof, please refer to the App FAQs available in App, or contact us at 1-800-Cricket.
Open Source License Terms.
The App may incorporate, use or access software that is subject to the following Open Source License Terms.
Jake Wharton’s threetenabp, https://github.com/JakeWharton/ThreeTenABP/blob/master/LICENSE
Firebase Job Dispatcher, https://github.com/firebase/firebase-jobdispatcher-android/blob/master/LICENSE
log4j, Picasso, Apache Commons Validator, Pre-Bid SDK, http://www.apache.org/licenses/LICENSE-2.0, http://www.apache.org/foundation/policies/privacy.html
Android SDK, Android Support Libraries, Android Appcompat-v7, https://developer.android.com/legal.html