DOAPPS.COM - Mobile Local News

These terms of use for the Mobile Local News application (these "Terms of Use") are between you ("You" or "Your"), and DoApp, Inc. ("We" or "Us" or "Our").

BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THESE TERMS OF USE, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU ARE NOT PERMITTED TO USE THE Mobile Local News APPLICATION. THE "EFFECTIVE DATE" OF THESE TERMS OF USE IS THE DATE ON WHICH YOU CLICK THE "ACCEPT" BUTTON BELOW.

Use of News application
To use the Mobile Local News application ("News" or "Application"), You must complete the online enrollment process by providing the requested information, accepting these Terms of Use and clicking on the button "Accept". You understand and agree that the right to use News app is granted solely to You. You may not allow others to use News on Your iPhone (or other device). By using News app, You represent that You are at least thirteen (13) years old. We reserve the right to terminate Your use of News app at any time, with or without any reason.

License and Restrictions
We hereby grant You a limited, non-exclusive, non-sublicensable, non-transferable, license to use Mobile Local News, solely for Your personal non-commercial use in accordance with the instructions and documentation set forth in these Terms of Use or any parts of the Application (collectively, the "Documentation"). Unless expressly otherwise set forth in these Terms of Use, You may not: (a) modify, translate or create derivative works of the Application or the Documentation; (b) decompile, reverse engineer or reverse assemble any portion of the Application or attempt to discover any source code or underlying ideas or algorithms of the Application; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Application or the Documentation; (d) make, have made, reproduce or copy the Application or the Documentation; (e) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Application or the Documentation, or make available the Application without reproducing all proprietary notices; and (f) cause or permit any other party to do any of the foregoing (g) or engage in any conduct that, directly or indirectly, violates the Terms of Use or has a harmful impact on the Application.

Ownership
The Application, the Documentation and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by Us or Our licensors. The Application and the Documentation are licensed, and not sold, to You for use only under the these Terms of Use. We reserve all rights not expressly granted to You.

Term and Termination
Your use of the Mobile Local News becomes effective on the Effective Date and will continue until terminated as provided herein. We may terminate Your use of the Mobile Local News, immediately, at Our sole discretion (including, but not limited to, if You breach any of the terms and conditions set forth in these Terms of Use). In the event that We terminate Your use of the Mobile Local News, You must immediately remove the Application from Your iPhone or other device.

DISCLAIMER OF WARRANTIES
THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. WE AND OUR SUPPLIERS DO NOT WARRANT THAT ANY OF THE APPLICATION WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. WE AND OUR SUPPLIERS DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APPLICATION WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), AND (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE, (D) WARRANTIES THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE Mobile Local News, THE IPHONE, ANY DEVICES OR ANYTHING RELATED THERETO, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY (INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY WITH RESPECT TO ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY BODILY OR MENTAL INJURY, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PHYSICAL LOSSES, MENTAL LOSSES OR ANY FINANCIAL LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE Mobile Local News, THE IPHONE, ANY DEVICES OR ANYTHING RELATED THERETO) TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US UNDER THESE TERMS OF USE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Disclaimer of Tort Liability
The foregoing remedies are EXCLUSIVE, and You waive and release all other warranties, obligations, and liabilities of Us and all other remedies, claims, and rights that You may have relating in any way to the Application covered by these Terms of Use, whether arising from contract, warranty, strict liability or tort or from Our negligence, tort, or other fault, including claims for loss of or damage to the Application. Indemnification You will indemnify, defend and hold Us, Our affiliates, and Our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the "Indemnified Parties") harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys? fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the Mobile Local News; (b) Your conduct; (c) Your failure to perform Your obligations under these Terms of Use (including, but not limited to, Your violation of these Terms of Use); (d) Your violation of the rights of any third party; and/or (e) use by anyone else of the Mobile Local News on Your iPhone or other device.

General
These Terms of Use constitute the entire agreement between the parties and supersedes any and all prior proposals, agreements or communications, written or oral, of the parties with respect to the subject matter hereof. These Terms of Use may not be modified, altered or amended, except by written instrument executed by both parties. You may not assign or otherwise transfer these Terms of Use to anyone. All disputes arising from or relating to these Terms of Use will be within the exclusive jurisdiction of the state and/or federal courts located within the county of Hennepin, Minnesota and the parties hereby consent to such exclusive jurisdiction and waive objections to venue therein. The parties hereby disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. The English language version of these Terms of Use will be controlling in the interpretation or application of the terms of these Terms of Use. If any provision of these Terms of Use is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain in full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use. All notices required under these Terms of Use will be in writing and deemed to have been duly made when personally served, delivered by commercially established courier service, or ten (10) days after deposit in mail via certified mail, return receipt requested, to the addresses designated by the parties in writing from time-to-time.

1. User Generated Content
The user-generated content function MLN is available for individuals aged 13 years or older. If you are under 13, please exit this application immediately. By using MLN, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on this website, and fulfill the obligations set forth in the TOU, which forms a binding contract between you and MLN or Doapp Inc. For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. MLN shall have the right at any time to change or discontinue any aspect or feature of the MLN Application, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Definitions
"Account" has the definition above. "You" means the user or visitor to MLN. "Privacy Policy" means DoApp?s current Privacy Policy,"Terms of Use" means the current Terms of Use of service in effect as set forth herein or elsewhere on iMLN.

3. Submissions
By submitting your material, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to DoApp Inc. and its affiliates a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works from, syndicate, license, print, sublicense, distribute and otherwise exhibit the materials you submit, or any portion thereof in any manner and in any medium or forum, whether now known or hereafter devised, without payment to you or any third party. Your submissions are deemed non-confidential and MLN has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the MLN privacy policy. You represent and warrant to DoApp Inc. that you have the full legal right, power and authority to grant to DoApp Inc. the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. MLN does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. Web site user submissions to MLN do not represent the views of MLN, DoApp Inc., or any individual associated with MLN, DoApp Inc., and we do not control this content. In no event shall you represent or suggest, directly or indirectly, MLN's endorsement of user submissions. MLN does not vouch for the accuracy or credibility of any content submitted by users on our Web sites or applications, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on MLN.

4. Copyrighted Material
(A) MLN contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of MLN are protected by United States copyright laws as a collective work and otherwise. MLN owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by MLN, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of MLN and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.
(B) MLN may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of MLN. Accordingly, MLN has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of MLN, are those of the respective author(s) or distributor(s) and not of MLN or DoApp Inc.. Neither MLN nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. MLN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MLN by anyone other than authorized MLN employees acting in their official capacities. Under no circumstances shall MLN be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through MLN.
(C) DoApp Inc. respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on MLN, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on MLN any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MLN, you automatically grant, or warrant that the owner of such material has expressly granted MLN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on MLN. You hereby grant MLN the right to edit, copy, publish and distribute any such material made available on MLN by you.
(D) If you believe you have a claim of copyright infringement with respect to material that is posted on MLN's Web sites, you may give MLN written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998.

5. Location Based Services (LBS)
If you choose to select using the function of location based services within your device, DoApp reserves the right to provide features and services based on your location. By sending information that reveals your actual location, DoApp will utilize the information to process and personalize your requests. We also use the information for support, to develop new features, and to improve the overall quality of DoApp products and services. We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience. We may share your information with certain third parties we use to perform certain functions, such as billing, text message, weather and information delivery, product advertising or SMS delivery. These third parties will be required to treat your information in accordance with the applicable DoApp privacy policies. We may also share some information with your wireless operator in order to perform customer service functions. Certain features of our products and services allow you to interact and share your information with others.

Please consider carefully before disclosing any personal information or data that might be accessible to others