15. MISCELLANEOUS
15.1. Communications. If you install an app provided by Bounce on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. We may also send you emails concerning the Bounce Platform and the Services.". Please read our Privacy Policy to learn more about our communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.2. Prohibited Conduct. By using Bounce Platform and the Services you represent and warrant to Bounce, Partners, and their Affiliates that you will not (a) use the Bounce Platform and the Services for any illegal purpose or in violation of any applicable laws; (b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (c) interfere with security-related features of the Bounce Platform including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Bounce Platform except to the extent that the activity is expressly permitted by applicable law; (d) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing the Bounce Platform or the Services without permission; (e) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; (f) collect content or information from any portion of the Bounce Platform using automated means (including through the use of any robot, spider, site search/retrieval application, or other device or method to retrieve, index, “scrape,” or “data mine”); (g) use any content or information about businesses or users that is available on any portion of the Bounce Platform to solicit business from those businesses or users; or attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section and (h) behave in a violent or aggresive manner toward Bounce and its employees, Partners and their employees or their Affiliates.
15.3. Modifications of these Terms. Bounce reserves the right to change these Terms from time to time. We will provide you with notice of the proposed changes by email thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. In case of (i) non-material changes to these Terms or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Bounce Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15.4. Modifications of the Bounce Platform or the Services. Bounce reserves the right to modify or discontinue the Bounce Platform or the Services at any time (including by limiting or discontinuing certain Services or features of the Services or the Bounce Platform), temporarily or permanently, without notice to you. Bounce, Partners, and their Affiliates will have no liability for any change to the Bounce Platform or the Services or any suspension or termination of your access to or use of the Services or the Bounce Platform.
15.5. Disclaimers; No Warranties. The Bounce Platform, the Services, and all Materials and content made available by Bounce are provided “as is” and on an “as available” basis. Bounce, the Partners, and their Affiliates disclaim all warranties of any kind, whether express or implied, relating to the Bounce Platform, the Services, and all materials and content available through the Bounce Platform, and the Services, including (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of the course of dealing, usage, or trade. Bounce, Partners, and their Affiliates do not warrant that the Bounce Platform, the Services, or any materials or content made available by Bounce, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Bounce, Partners, and their Affiliates do not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Bounce Platform, the Services or Bounce entities, Partners or their Affiliates, or any Materials or content made available by Bounce will create any warranty regarding any of the Bounce entities, Partners, their Affiliates, the Bounce Platform or the Services that are not expressly stated in these Terms. We are not responsible for any damage that may result from your dealing with any other service user. You understand and agree that you use the Bounce Platform and the Services at your own discretion and risk, and that, other than as set forth above with respect to Bounce in Section 5 (the BounceShield™ Protection ), Bounce, the Partners, and their Affiliates are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Bounce Platform and the Services) and are not obliged to retrieve your Content. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. Bounce does not disclaim any warranty or other right that Bounce is prohibited from disclaiming under applicable law.
15.6. Third-Party Services and Linked Websites. Bounce may provide tools through the Bounce Platform that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that Bounce may transfer that information to the applicable third-party service. Third-party services are not under Bounce’s control, and, to the fullest extent permitted by law, Bounce is not responsible for any third-party service’s use of your exported information. The Bounce Platform may also contain links to third-party websites. Linked websites are not under Bounce’s, the Partner’, or their Affiliates’ control, and Bounce, the Partners, and their Affiliates are not responsible for their content.
15.7. Third-Party Software. The Bounce Platform may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Bounce Platform is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
15.8. Privacy Policy. We collect, use, and disclose information from or about you as described in our Privacy Policy. Additional privacy policies may apply, including from Partners and third-service providers.
15.9. Additional Terms. Your use of the Bounce Platform and the Services are subject to all additional terms, policies, rules, or guidelines applicable to the Bounce Platform and Services that we may post on or link to from the Bounce Platform.
15.10. Other Terms Incorporated by Reference. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bounce regarding your use of the Bounce Platform and the Services. All Additional Terms are incorporated by this reference into and made a part of, these Terms.
15.11. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent to Bounce Affiliates or investors" if appropriate.
15.12. Interpreting these Terms. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.13. No waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
15.14. Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
15.15. Google Terms. If you access or download our application from the Google Play Store, you agree to Google Play’s Terms of Service.