Privacy Agreement

TERMS OF SERVICE FOR ALWAYSCONNECTED APP & THE THREESPACES NETWORK

1. GENERAL

The following is the Terms of Service Agreement (“Agreement”) between ThreeSpaces and its end users (“You”). Please, read the Agreement in its entirety. By navigating the ThreeSpaces website and downloading and using any software programs provided by ThreeSpaces, you are agreeing to be bound by all the terms and conditions of this Agreement. Incorporated by reference in this Agreement are the End User License Agreements (“License”), which are used by ThreeSpaces for its downloadable software. Please, read the following carefully as it is important that all end users completely understand this Agreement in its entirety.

2. PRIVACY

Your privacy is very important to ThreeSpaces. While we collect and retain information about You, we do it only to the extent that it makes our website and its services operable. We also use your information for future development of services that we may bring to You. We do not share with or sell your information to third parties.

3. MINIMUM AGE

You must be 13 years of age or older to download and/or to use this application and/or any other ThreeSpaces’ software. If you are under the age of 13, you must IMMEDIATELY cease to use this application and/or any other ThreeSpaces’ software and terminate your accounts, if any. If you are under 13 years of age and are using or are intending to continue to use this application and/or any other ThreeSpaces’ software, ThreeSpaces is immediately revoking your License to do so. In such a case, ThreeSpaces reserves the right to terminate your accounts, if any, and delete any information you may have placed in our application and/or our software.

4. NATURAL PERSON

You agree that in order to register for a ThreeSpaces account, You must be a natural person. Furthermore, You also agree that You will use your real name when registering for a ThreeSpaces account. ThreeSpaces retains the right to verify that You are in fact a natural person and that You have used your real name when registering and are using your real name when using your ThreeSpaces account. You also agree that as a registered user, You are not allowed to have multiple accounts. However, You are allowed and encouraged to create multiple personas within your one registered account with the understanding that all such personas will be linked to your registered account and to your real name. You additionally agree that ThreeSpaces reserves the right to terminate your account and your access to ThreeSpaces if you do not abide by the rules set forth in this Agreement.

5. USER CONTENT

You own all your personal content or information that you post on ThreeSpaces, its services and/or software. However, while you use the Three Spaces website, its services, and/or software as a user, You grant ThreeSpaces a non-exclusive, transferable, royalty-free license to use your content or information in connection with ThreeSpaces, its services, and/or software. This license shall be in force while You remain a user of ThreeSpaces. You may delete any and all of your personal content or information at any time. This license shall automatically terminate if you delete all of your personal content or information from the ThreeSpaces website, its services, and/or its software. The license shall automatically re-instate if You then post any personal content or information after your deletion.

6. OFFENSIVE CONTENT

You agree that You will not post any content that is deemed by ThreeSpaces, in its sole discretion, to be vulgar, rude, defamatory, or that contains sexually explicit pictures or language. You further agree not to create or post links to sites which contain vulgar, rude, or defamatory content and/or promote sexually explicit material. ThreeSpaces reserves the right to delete any such content without any recourse by You. If You repeatedly post such content, Three Spaces reserves the right to terminate your access to ThreeSpaces, its services, or its software without any recourse by You.

You also agree not to post SPAM. Spam is defined as the abuse of electronic messaging systems (including most broadcast media and digital delivery systems) to send unsolicited bulk messages indiscriminately. Any content that is deemed by ThreeSpaces, in their sole discretion, as SPAM shall be removed without any recourse by You. If You repeatedly post SPAM, ThreeSpaces reserves the right to terminate your access to ThreeSpaces, its services, or its software without any recourse by You.

7. TERMINATION

If You violate this Agreement, ThreeSpaces reserves the right to terminate your access to ThreeSpaces, its services, or its software without any recourse by You. We will notify You of such action either through email or the next time You access the ThreeSpaces website, its services, or its software.

8. THIRD PARTY CONTENT

ThreeSpaces’ Software may frequently use third party content or access third party websites either directly or through links. You agree that by using these third party websites, you do so at your own risk. Additionally, while using third party content or third party websites, You may encounter content that is, among other things, objectionable, indecent, explicit, libelous, inaccurate, improper, and offensive. ThreeSpaces has no control over third party content or third party websites, and therefore, ThreeSpaces cannot be held responsible for third party content and cannot guarantee that the third party content or content on third party websites is accurate, proper, or free from any other defects. Additionally, ThreeSpaces does not endorse any such third party content or third party websites and is not responsible for evaluating third party content or third party websites. ThreeSpaces cannot be held responsible for any detrimental consequences arising out of You using third party content or third party websites, including, but not limited, to the loss of data, inaccurate data, detrimental reliance on data, or any other damages or losses, monetary or otherwise.

9. LIMITATION OF LIABILITY

UNLESS PROHIBITED BY LAW, THREESPACES SHALL NOT BE HELD LIABLE FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR ANY OTHER DAMAGES, PERSONAL, COMMERCIAL, OR PROPERTY, ARISING DIRECTLY, INDIRECTLY, OR INCIDENTALLY OUT OF YOUR USE OR OF YOUR INABILITY TO USE THE THREESPACES WEBSITE, ITS SERVICES, OR ITS SOFTWARE. THREESPACES SHALL NOT BE HELD LIABLE FOR ANY LOSS OF DATA, LOSS OF TIME ASSOCIATED WITH SUCH DATA, PECUNIARY LOSS ASSOCIATED WITH SUCH DATA, AND ANY OTHER PERSONAL, COMMERCIAL, OR PROPERTY LOSS ASSOCIATED WITH YOUR USE OF OUR WEBSITE, SERVICES, OR SOFTWARE.

ADDITIONALLY, THREESPACES SHALL NOT BE HELD LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR ANY OTHER DAMAGES, PERSONAL, COMMERCIAL, OR PROPERTY, AND SHALL NOT BE HELD LIABLE FOR ANY PERSONAL, COMMERCIAL, OR PROPERTY LOSSES ARISING OUT OF ORDINARY OR GROSS NEGLIGENCE ON THE PART OF THREESPACES.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO YOU IN THOSE JURISDICTIONS WHERE SUCH LIMITATIONS ON LIABILITY ARE PROHIBITED BY LAW.

10. NO WARRANTY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE THREESPACES WEBSITE, ITS SERVICES, AND SOFTWARE IS COMPLETELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT YOU ACCEPT ALL RISKS ASSOCIATED WITH THEM TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE QUALITY AND ACCURACY OF THE POSTED INFORMATION, ITS USEFULNESS, AND ITS PERFORMANCE. THE THREESPACES WEBSITE, ITS SERVICES, ANS SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. THREESPACES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS PERTAINING TO ITS WEBSITE, SERVICES, SOFTWARE, ITS UPDATES, AND THEIR RESPECTIVE SUBSEQUENT VERSIONS.

FURTHERMORE, THREESPACES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT ITS WEBSITE, SERVICES, AND SOFTWARE WILL BE FREE FROM DEFECTS, WILL NOT BE PRONE TO ERROR, AND CAN BE USED RELIABLY.

YOU AGREE THAT THE THREESPACES WEBSITE, SERVICES, AND SOFTWARE IS NOT INTENDED TO BE USED AND SHOULD NOT BE USED IN SITUATIONS WHERE RISKS OF SERIOUS INJURY, DEATH, OR PHYSICAL PROPERTY DAMAGE ARE FORESEEABLE OR LIKELY. YOU ALSO AGREE THAT ANY SERVICES OR SOFTWARE OFFERED BY THREESPACES CANNOT BE USED AND RELIED UPON TO PREVENT SERIOUS INJURY OR DEATH. THE GEOLOCATION FEATURES OF ANY GEO-LOCATION SOFTWARE CANNOT BE RELIED UPON BY YOU IN SITUATIONS WHERE THERE EXIST RISKS OF SERIOUS INJURY, DEATH, OR PHYSICAL PROPERTY DAMAGE. THE GEO-LOCATION FEATURE OF THE SOFTWARE CANNOT BE USED AS A RELIABLE NAVIGATION DEVICE IN SITUATIONS WHERE, DUE TO PERSONAL SAFETY CONCERNS, THERE IS AN ABSOLUTE NEED FOR A RELIABLE NAVIGATION DEVICE.

SOME JURISDCITIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND OTHER RIGHTS AFFORDED TO YOU BY THE LAWS OF THOSE JURISDICTIONS. THEREFORE, SOME EXCLUSIONS OF WARRANTIES MAY NOT APPLY TO YOU IN THOSE JURISDICTIONS.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ThreeSpaces, its directors, officers, employees and agents from any claims, judgments, or other legal and equitable actions commenced by any third party against ThreeSpaces, its directors, officers, employees and agents, as a result of You violating the terms of this License agreement. Additionally, in the event that ThreeSpaces incurs attorneys’ fees as a result of third parties’ claims or judgments against it, You agree to reimburse ThreeSpaces for these fees.

12. CHOICE OF LAW

Any claims or actions, legal or equitable, arising out of this License agreement and out of the use of ThreeSpaces’ Software by You, shall be subject to and governed by the laws of the State of Massachusetts.

13. OTHER

If any portion of this Agreement is deemed to be unenforceable, the remaining parts of this Agreement shall remain in full force and effect. If ThreeSpaces fails to enforce any part of this Agreement, that failure to act shall not constitute a waiver.

You agree not to transfer any of your rights or obligations under this Agreement to any third party without our express permisssion.

ThreeSpaces reserves the right to unilaterally change and/or amend this Agreement in whole or in part at any time. Any amendments or changes to this Agreement shall be made in writing by Three Spaces.

14. ENTIRE AGREEMENT

This Agreement, including any End User License Agreements incorporated herein by reference, is the complete agreement between You and ThreeSpaces and supersedes any other agreements made between You and ThreeSpaces. No other representations, oral or written, made to You before or after this Agreement have any legal effect upon this Agreement, except as authorized in writing by Three Spaces and referred to this Agreement specifically.

In case You have any questions regarding any part of this Agreement, please, contact ThreeSpaces at info@threespaces.com.