LOBUS: TERMS AND CONDITIONS OF USE

Last modified:  February 26, 2018

The following Terms and Conditions of Use (the “Terms of Use”) govern your downloading, installation and use of Lobus’ application, including any updates, modifications or changes thereto (the “Application”). It is important that you read and understand these Terms of Use before downloading, installing and/or using the Application, as by downloading, installing and/or using the Application, you indicate that you accept and agree to be bound by these Terms of Use. Additionally, these Terms of Use contain an arbitration provision that limits your rights to bring a claim against us. If you do not agree to these Terms of Use, including the arbitration provision, then do not download, install and/or use the Application.

The Application is owned by Lobus, Inc. References herein to “we”, “us”, “our” or “Lobus” are references to Lobus, Inc.

You may not use the Application or any of the Services offered therein, and you may not accept these Terms of Use, if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Lobus. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or other corporate entity, that you have the authority to bind such company or entity.

Changes to the Terms of Use. Lobus may, from time to time and upon notice to you, in Lobus’ sole discretion, amend and update these Terms of Use. Your continued use of the Application following such notice constitutes your acceptance of the then-current version of these Terms of Use.

Description of the Application. The Application provides art information (collectively, along with any additional functionality that the Application may provide in the future, the “Functionality”). The Application may also provide information and/or access to  select related additional services and may also provide you general tips, recommendations and educational material.  You, and not us, are responsible for the timely filing of any and all income and related tax returns and the timely payment of your taxes.

The Application may also present you information relating to other Lobus or third party products or services (“Additional Offerings”) which are subject to additional terms and conditions. Your use of the Additional Offerings shall be governed by the applicable terms and conditions and not by these Terms of Use. You should review and agree to the terms and conditions of these Additional Offerings before using these sites or services. Lobus does not have any control over the Additional Offerings, and Lobus assumes no responsibility for services provided or material created or published on by those Additional Offerings. Lobus is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to via the Application. The fact that Lobus has provided access to the Additional Offerings does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Lobus with respect to such Additional Offerings or its owners or providers. You will use any such Additional Offerings at your own risk and you agree that Lobus is not liable for any loss or damage that you may suffer by using Additional Offerings or any content, advertising, products, or other materials in connection therewith.

The Application does not provide financial advice. NEITHER Lobus NOR THE APPLICATION IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Lobus IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Application and Functionality are for informational and noncommercial purposes only and do not replace seeking advice from your accountant or other legal, tax or financial adviser who are fully aware of your individual circumstances. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of the Application before making any decisions based on the Application. Lobus shall not be liable for any possible claim for damages arising from any decision you make based on the Functionality made available to you through the Application.

Limited license and restrictions on use. We grant you a limited, revocable, nonexclusive, nontransferable license to download, install and use the Application and the Functionality contained therein on a single, authorized mobile device owned and/or controlled by you solely for the purpose of performing those functions and tasks available to you as a user of the Application for your personal, informational and noncommercial use. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access the Application. We reserve all rights not expressly granted in these Terms of Use.

You agree not to use the Application in violation of any applicable law or other contractual obligation you may have, including with Lobus or any third party. Except as otherwise stated in these Terms of Use or as expressly authorized by us in writing, you may not (or enable others to):

·      modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, frame, create derivative works from, transfer, sell, exploit or otherwise use in any other way for commercial purposes in whole or in part any reports, data, information, content, products or services generated by or obtained from the Functionality or Application;

·      use the Application or Functionality therein, except for the purposes expressly provided herein, without Lobus’s prior written approval;

·      use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Application;

·      attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Application;

·      post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Application;

·      attempt to gain unauthorized access to any portion of the Application or Functionality provided therein or any other Lobus system;

·      use the Application in any manner that could damage, disable, overburden, or impair (i) the Application, (ii) the Functionality provided through the Application, or (iii) any systems, networks, servers, or accounts related to the Application, including using devices or software that provide repeated automated access to the Application, other than those made generally available by Lobus; or

·      use or engage in any activities related to the Application in any manner that violate any laws, regulations, statutes, or ordinances (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or use the Application or Functionality in a manner that is false, misleading or inaccurate.

Registration.  To use the Functionality offered via the Application, you may need to create an account with Lobus which may include establishing a username and a password that may be subject to separate terms. You may need to provide us with certain personal and other information.  Lobus may verify your email address before your account can be used.   You agree to provide Lobus with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy, and you represent that you are a legal owner of all registration and account information and other information necessary to facilitate your use of the Application. You agree to use the Application to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any Functionality via the Application. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, and passwords. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Lobus immediately. Lobus will not be liable for any loss or damage arising from your failure to comply with this paragraph.

User Content. You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Application ("User Content"). By submitting, uploading, posting, e-mailing, or transmitting User Content via the Application, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Application. Lobus does not control and is not responsible for the User Content uploaded via the Application.

You grant Lobus a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Lobus’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Lobus shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Lobus that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Fees. Although Lobus provides the Application free of charge, your use of the Functionality therein or Additional Offerings may be or may become subject to charges or fees. Any fees charged by Lobus will be announced separately in connection with the applicable Functionality. Additionally, use of the Application may involve transmission of data through your mobile service provider’s network. Prices listed within the Application do not include possible data transmission, text message, voice or other service provision charges by your mobile service provider. Lobus assumes no responsibility for the payment of any charges of your mobile service providers.

Consent to Electronic Communications and Costs. You agree to the use of electronic communications and to transact business electronically, including the submission of what you may consider to be personal financial information, through the Application.  You consent to our contacting you using the Applications and communicating using text messages, e-mails, and other electronic technologies at the telephone numbers and e-mail addresses that you provide to us.  These communications may relate to the Application or your other relationships with Lobus or its affiliates or may consist of promotion and marketing materials. In each case, you consent to such transmission or communication, as the case may be. 

Privacy. Your use of the Application and Functionality is governed by the Lobus Privacy Statement, which you can and should read here.  You agree to the Lobus Privacy Statement, and any changes published by Lobus. You agree that Lobus may use and maintain your data according to the Lobus’s Privacy Statement, and you grant Lobus a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to collect, store, process, maintain, upload, sync, transmit, share, disclose and use data and information, including but not limited to information or data regarding the characteristics or usage of your mobile device, system and application software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) including to facilitate the Functionality of the Application and other services related to the Application. You give Lobus permission to combine your User Data with that of other users of the Functionality and/or other Lobus services for either commercial or non-commercial purposes on without any remuneration to You. For example, this means that Lobus may use your User Data and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Lobus may access or store User Data in multiple countries, including countries outside of your own country to the extent permitted by applicable law. You acknowledge that the Services may include advertisements. Advertisements may be targeted to the content or information stored on the Application, queries made through the Application, or other information

Termination. The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Lobus, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of the Application at any time and for any reason whatsoever, without notice or liability. Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application. Lobus will not be liable to you or any third party for any termination of your access to or use of the Application.

WARRANTY DISCLAIMER. THE APPLICATION AND ALL FUNCTIONALITY THEREIN IS PROVIDED BY Lobus “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lobus AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION OF USE, AND FREEDOM FROM ERRORS, VIRUSES OR ANY OTHER MALICIOUS CODE. Lobus AND ITS AFFILIATES FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE APPLICATION, THE FUNCTIONALITY OR ADDITIONAL OFFERINGS WILL MEET YOUR NEEDS. EXCEPT AS PROVIDED BY LAW, Lobus DOES NOT HAVE ANY RESPONSIBILITY TO MAINTAIN THE APPLICATION OR FUNCTIONALITY OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

Limitation of Liability. USE OF THE APPLICATION AND FUNCTIONALITY IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD, INSTALLATION OR USE OF THE APPLICATION.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Lobus OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Lobus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND Lobus’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

In no event shall Lobus’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 

Export.  You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear, missiles or chemical or biological weapons.

Trademarks or Service Marks. Certain proprietary marks of Lobus or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols. You are not authorized to make any use of such marks, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Lobus or the applicable third party.

Governing Law; Venue and Jurisdiction. These Terms of Use and your use of the Application shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. You agree that (1) any and all disputes and causes of action arising out of or connected with these Terms of Use and the Application shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the JAMS Comprehensive Arbitration Rules and Procedures and held at the JAMS regional office nearest to you; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Any dispute you may have with respect to your use of the Application and the related Functionality must be commenced within one (1) year after the cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use constitute the entire agreement between Lobus and you with respect to the Application and supersede all prior or contemporaneous communications, agreements and understandings between Lobus and you with respect to the subject matter hereof.

Apple-Required Terms

Acknowledgement: You acknowledge that these Terms of Use are entered into with Lobus only, and not with Apple, Inc. (“Apple”). To the extent set forth herein, Lobus, and not Apple, is responsible for the Application and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the Application.

Warranty. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and Lobus will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in these Terms of Use.

Product Claims. You acknowledge that Lobus, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Information: Any questions, complaints or claims with respect to the Application you may have should be directed to:

info@lobus.io

Third Party Beneficiary. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to these Terms of Use and that upon your acceptance of these Terms of Use, Apple will have the right (and will deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.