Castivate Mobile Terms and Conditions of Use

Below is Castivate’s user Terms and Conditions (“Mobile Terms”).
By using the Mobile Service, you accept and agree to be bound by these Mobile Terms.
Your continued use of the Mobile Service is conditioned upon your compliance with the Mobile Terms.

  • Entire agreement

    Acknowledgment of this agreement constitutes all the terms and conditions agreed upon between you and Castivate and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions that relate to the content stated in this agreement whether it be in any oral or written form of communication from you to Castivate are void.

    We may provide a special offer for you to participate in a contest or special promotion through the Castivate App. These contests or special promotions may be governed by terms and conditions that are different from this one. If the content stated in the contest or special promotion’s terms and conditions differs from that of this one, then the separate terms and conditions shall overrule this one.

    By using the Castivate app you agree to abide by these terms and conditions and not conduct yourself in any manner not expressly permitted by the Terms.

  • Changes to the Agreements

    At any time, we may at our discretion make changes to the Castivate app terms and conditions. When changes to the terms and conditions occur, you will be notified of such changes through the Castivate App. Once those changes are made, your continued use of Castivate is your acknowledgment and acceptance of these changes.

  • Licence and assignment

    The content provided within the Castivate app is user content generated and therefore is not the property of the Castivate App. We allow you to have unlimited access and use of the Castivate App and all of its content.

    Castivate does maintain full ownership of its mobile application software before and after installation on your device.

    All Castivate’s trademarks, service marks, trade names, logos, domain names, and any other features of the Castivate brand are the sole property of Castivate. You do not have any rights to use any features of the the Castivate brand in addition to Castivate’s trademarks, service marks, trade names, logos, or domain names for commercial or non-commercial use.

  • User generated content

    Castivate users may post, upload and/or contribute content to the app, including text. Any content you provide to the Castivate app is solely your responsibility as are any consequences thereof. When contributing content to the Castivate app you are expressing that you have the right to do so, and that such user content, or its use by us as mentioned in this Agreement, does not: (a) violate any of our Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by Castivate or any entity or individual without express written consent from such individual or entity. By posting content on the Castivate app you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use this content as we deem fit.

    Castivate reserves the right to monitor, review, edit, remove user content, or disable access to any user content for any or no reason, including but not limited to, user content that, in Castivate’s sole discretion, violates these Agreements. Castivate may execute on these actions without any prior notification to you. At our discretion, we may remove your content or disable your access to the Castivate app at any time.

    Castivate does not endorse any opinion that is expressed within any user content and is therefore not responsible for any user content provided. If you believe that user content does not adhere to these terms and conditions or infringes on your intellectual property rights or any rights under applicable law, then please contact us at legal-feedback@castivate.com.

  • Consideration

    Failure to enforce these terms and conditions and its provisions by Castivate does not waive the rights of Castivate to do so.

  • User Guidelines

    We want everyone to enjoy the app and we ask that you abide by some rules when using the Castivate app. Respect other users and the content they provide. Do not engage in illegal activities through the Castivate app or upload user content that (a) is illegal, or intended to be illegal, promote, or commit an illegal act of any kind, including but not limited to; violations of proprietary, privacy, and/or intellectual property right of the Castivate app or any third party; (b) solicits or promotes any commercial products or services including the use of sales activities such as pyramid schemes, advertising, sweepstakes, and contests ; (c) harasses and/or bullies or intends to harass and/or bully other users of the app; (d) misrepresents or impersonates your affiliation with any other user, person, or entity, or is otherwise false, deceptive, fraudulent, or misleading; (e) involves the use of unsolicited mass spam mailing, chain letters, junk mail, or anything that is similar to within the Castivate app or sent to Castivate users; (f) interferes with the Castivate app services in any way including malware, viruses, trojan horses, or anything else that causes issues with the Castivate service along with its network, or breaches thereof; (g) conflicts with this agreement as determined by Castivate.

    Castivate includes the ability to post User Content, share content, and make certain information public. Shared or publicly available information may be used or shared by other users. Castivate has no responsibility regarding the privacy of information contributed by users.

    Failure to follow these guidelines will result in legal action and termination of app use.

  • Copyright infringement

    Castivate respects the rights of intellectual property owners. If you believe any content within Castivate infringes upon any copyright, please alert us at legal-feedback@castivate.com.

  • Technology limitations and modifications

    Castivate makes every reasonable effort to keep its service operational at all times. However, there may be maintenance and technological difficulties that arise and as a result Castivate may not be functioning properly. Castivate reserves the right to make changes to the app whenever Castivate deems necessary which may cause changes to the functions and features of the Castivate service. These changes may happen with or without notice or consent from its users. As a user, you understand and agree that Castivate has no obligation to maintain or support it’s service, or to provide all of the user generated content that is displayed through the service.

  • Warranty

    We endeavor to provide the best service we can. However, THE CASTIVATE SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CASTIVATE SERVICE AT YOUR OWN RISK. CASTIVATE DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    In addition, Castivate does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party content, User Content, or any other product or service advertised or offered by a third party on or through the Castivate or any hyperlinked website, or featured in any advertising. You understand and agree that Castivate is not responsible or liable for any transaction between you and any third party advertised on or through the Castivate app. No advice or information whether oral or in writing obtained by you from Castivate shall represent warranty on behalf of Castivate in this regard.

  • Limitation

    You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Castivate Service is to uninstall any Castivate software and to stop using the app.

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASTIVATE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CASTIVATE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CASTIVATE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CASTIVATE SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CASTIVATE DURING THE PRIOR THREE MONTHS IN QUESTION.

    Nothing in these Agreements removes or limits Castivate’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

  • Severability

    If any provision within these terms be deemed invalid or unenforceable for any reason or to any extent, it shall in no way render the remaining provisions of the terms as invalid or unenforceable, and the application of that provision shall be enforced to the extent permitted by law.

  • Choice of law, mandatory arbitration and venue

    These Agreements are subject to the laws of the State of California, United States, without regard to choice or conflicts of law principles. Furthermore, you and Castivate agree to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California to resolve any dispute, claim or controversy that arises from these Agreements.

    You and Castivate agree that any dispute, claim or controversy arising out of or relating in any way to the Castivate app service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Castivate are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the cessation of your use of Castivate. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Castivate agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.

    You and Castivate agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Castivate Service are NOT subject to mandatory arbitration. Instead, you and Castivate agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in Santa Clara County, California and that applicable California and/or Federal law shall govern, without regard to choice of law principles.

    YOU AND CASTIVATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

    Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Castivate. Any arbitration costs or fees deemed “excessive” will be paid by Castivate.