You must provide at your own expense the equipment and Internet connections that you will need to access and use the app. If you access the app through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the app through any wireless or other communication service.
You may use the app for lawful purposes only. You may not submit or transmit through the app any material, or otherwise engage in any conduct that:
• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
interferes with the use of the app by others.
We own (and/or the respective buisnesses) the intellectual property rights to the design of and the information on the app, including the look and feel of our color combinations, combonations of content sections, button shapes, and other graphical elements on the app. Such intellectual property is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on this app, please inform us of hereof immediately, thereby providing us with:
• the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner’s behalf.
• a description of the IP right that you claim has been infringed and a description of the infringing activity.
• identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
• if you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
• identification screenshot of the location on this app where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
• your name and full contact details
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
THIRD PARTY SITES; ADVERTISERS
The app may include links to third party websites/apps, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on the app are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
DISCLAIMER OF WARRANTIES
We provide the app as is, with all faults and as available. We and our Contributors/Suppliers make no express warranties or guarantees about the app. Modern Tourism Applications/The Eureka Springs App is not obligated to supply any support whatsoever. To the extent permitted by law, we and our suppliers disclaim implied warranties that the app and all software, code, content, and services distributed through the app are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the app will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the app, including any support services, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the app (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of Modern Tourism Applications/The Eureka Springs App shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the app. We, our parent, our content partners, our advertisers, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the app. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, device failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.
SEVERABILITY AND INTEGRATION
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Your ultimate FREE guide to anything and everything in and around the historic quirky town of Eureka Springs, Arkansas. For the first time, get accurate point of interest location/info merging with GPS map tracking to create a medium that enhances your experience in the area. We’ll help you get where or what you want faster so that you can enjoy more of Eureka Springs.