Terms and Conditions
The terms and conditions set forth herein constitute the full and complete agreement between you and Four Daughters, LLC, a California limited liability company, doing business as Social Graces App (hereinafter, “SGA”). Your agreement to be bound by these terms is evidenced by your acknowledgment to agree to such terms following your download and activation of the SGA mobile application, as well as your use of the same for any length of time. The terms contained herein supersede and replace any other agreement or negotiation between you and SGA whether oral, written or otherwise, including any statements made by any representative of SGA at any time.
SGA is a mobile application that provides a platform for parents and their children to create and agree to a behavioral contract, which sets forth child behavioral parameters that parents can easily track and reward (the “Service”). Through SGA’s points-based behavior tracking system, children earn “points” for engaging in behavior that comports with the parameters of the applicable, agreed-to, behavioral contract, which can be redeemed for physical goods through the Service. Parents or other legal guardians utilizing the Service (hereinafter “Parent Users”) have the ability to: (1) invite one or more related children (hereinafter “Child Users”), and one or more additional Parent Users, to access the Service; (2) create and modify one or more behavioral contracts to be entered into between the Parent and one or more related Child Users; (3) view progress reports where points that a related Child User earns for good behavior are tracked; (4) make notes concerning a related Child User’s progress reports and general behavior; (5) send direct messages to one or more related Child Users, or one or more related Parent Users; (6) create and update one or more “wish lists” that related Child Users can use to redeem goods with earned points; and (7) view, post to, “like,” and/or comment on, the SGA news feed. Child Users have the ability to: (1) view any relevant behavioral contracts created and/or modified by his or her related Parent User; (2) view progress reports where points that he or she earns for good behavior are tracked; (3) send direct messages to his or her related Parent Users; and (6) view and redeem goods with earned points on one or more applicable wish lists.
Recognizing that individuals under the age of eighteen (18) lack the capacity to enter into any form of binding agreement in California and elsewhere, only Parent Users over the age of eighteen (18) are allowed to agree to these Terms and Conditions. Any Parent User who agrees to such Terms and Conditions, however, is also hereby expressly agreeing that such Terms and Conditions are applicable and binding on and to any related Child User. Accordingly, the terms “you” or “your” as used herein refer to Parent Users, and related Child Users, by virtue of the Parent User’s express agreement that both parties be bound by the terms hereof.
1. CONDITIONS FOR USE OF THE SERVICE
1.1 You must be a parent (or other form of legal guardian), or the related child of a parent or other legal guardian already signed up for the Service, to gain access to, and utilize, the Service. SGA reserves the right to immediately discontinue the Service, for any reason, as set forth in Section 3 below.
1.2 Fee – Parent Users who create an account are charged $3.99 USD per month for use of the Service, including the ability to invite up to ten (10) Child Users and up to six (6) additional Parent Users. International conversion rates, taxes or other fees may apply to Parent Users residing outside of the United States and using the Service. SGA reserves the right, however, to alter, change, amend, or remove any fees charged to a Parent User for use of the Service, within fifteen (15) days notice to said user. New Parent Users are given their first month of the Service for free. Any Parent User who has previously signed up for the Service, and has, for any reason, discontinued the Service, will not receive an additional month of the Service for free if/when he or she signs up for the Service again. Any Parent User who agrees to be charged for monthly use of the Service, hereby expressly agrees to be auto-billed for each subsequent month of use. Billing for use of the Service occurs on or about the first day of the applicable month. You may cancel the Service at any time, as set forth in Section 3 below, but SGA will not provide a refund for any month in which you were a member of the Service for at least one day of such month.
1.3 Age – Parent Users must be 18 years of age or older to utilize the Service, and invite Child Users or additional Parent Users to access and utilize the Service. Child Users may utilize the Service at any age, as long as such user has been invited to access and utilize the Service by a related Parent User.
1.4 Registration Information – You agree that the information you provide to SGA in the course of registering for the Service and creating a user account is truthful and accurate, and you agree to keep such information up to date at all times. This includes, but is not limited to, your full name, date of birth, gender, telephone number, email address, and other contact information as may be requested of you to facilitate the providing of the Service.
1.5 Password – When you register for the Service and create a user account, you will be required to create a username and password in order to access your user account in the future. You therefore agree to maintain the confidentiality of your username and password combination and to not allow access to the Service, generally, and your user account, specifically, by any other person via your username and password. You agree to be responsible for any action that occurs as the result of any access to your user account made possible by access to your password. If it is determined that your password has been compromised, you agree that your account may be suspended and/or terminated pursuant to Section 3 herein, with no obligation by SGA to keep or maintain the information or data in your account.
1.6 Acceptable Use – As a condition of use of the Service, whether as a Parent User or Child User, you agree that you will create and maintain your limited member profile (hereinafter, your “Member Profile”) in a manner consistent with the following requirements:
1.6(a) You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
1.6(b) You agree not to take any action that threatens, encourages or causes any harm to minors of any kind, or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
1.6(c) You agree not to take any action that encourages or consists of any threat of harm of any kind to any person or property, or assists any other person or group in doing so.
1.6(d) You agree not to make any inappropriate communication, including, without limitation, any communication that SGA determines in its sole discretion (i) is indecent, obscene or over sexualized, or otherwise provocative or inappropriate; (ii) constitutes bullying, harassment, profane or vulgar language, or discrimination, or (iii) constitutes content purposefully targeted towards another and meant to hurt, degrade, target, or shame another individual or group of individuals, through the direct messaging or news feed features, provided via the Service.
1.6(e) You agree not to mention or display the use of illicit drugs and/or drug paraphernalia.
1.6(f) You agree not to make or attempt any unauthorized access to the Service, or the account of any other Parent User or Child User.
1.6(g) You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of SGA, Apple, Inc., or any other third party, including, but not limited to, the unauthorized copying, digitization and/or distribution of any copyrighted material over the Service.
1.6(h) You agree not to impersonate other individuals (whether famous or not) or other Parent Users or Child Users with the intent to mislead, confuse, or deceive.
1.6(i) You agree not to collect or attempt to collect personally identifiable information of any other person or entity utilizing the Service. You further agree not to communicate or otherwise transmit personally identifiable information of any other person or entity through the direct messaging or news feed features.
1.6(j) You agree not to take any action that is harmful or potentially harmful to the SGA server structure.
1.6(k) You understand and agree that your Member Profile is for personal use only and that data storage unrelated to the purpose of the Service is not permitted.
1.6(l) You agree that SGA will make the sole determination of whether this acceptable use policy has been violated.
2. FEE FOR USE OF THE SERVICE
2.1 By starting your Social Graces App membership, you authorize SGA to charge a monthly membership fee at the current rate, as well as any other charges you may incur in connection with your use of the Service, to your iTunes Account (the “Payment Method”). Any unused portion of any promotional free trial period will be forfeited by starting your membership.
2.2 The length of your membership will be one (1) month, and your account will automatically renew at least twenty-four (24) hours before the end of the then-current membership period on a month-to-month basis unless the automatic renewal feature is turned off at least twenty four (24) hours before the end of the then-current membership period. You may manage your subscription and the automatic renewal feature, as well as other features of the Service, within the Account Settings feature of the application.
2.3 You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts resulting from promotional offers and/or changes to your Service plan, and you authorize SGA to charge your Payment Method for such varying amounts, which may be billed monthly in one or multiple charges.
2.4 The cost for one month of the Service, without regard for any differing promotional rate or any other charges you may incur, is currently $3.99. However, SGA reserves the right, following email notification to you, to adjust pricing for the Service, or any components thereof, in any manner and at any time as SGA may determine in SGA’s sole and absolute discretion.
3.1 Subject to the terms and conditions set forth herein, SGA hereby grants you a non-exclusive, limited, personal, and non-transferable license to use the Service for the term of this agreement as set forth herein. The license granted to you by SGA, however, does not include any right or entitlement to use any trademark, service mark or any other intellectual property right registered to, or otherwise owned by Four Daughters, LLC, Apple, Inc., or any other third party.
3.2 SGA reserves the right to refuse to provide the Service to you or anyone else, at its sole option, for any reason whatsoever.
3.3 SGA is a service provider as that term is defined under Federal Law including but not limited to the Digital Millennium Copyright Act (DMCA) and as such does not own, control or undertake any responsibility to review or approve in any way the information you or any other user posts on or within the Service. You are the sole owner of any information that you post on or within the Service. Further, SGA does not normally review or edit the information posted on or within the Service.
3.4 Notwithstanding the above, by posting information on or within the Service, you grant SGA a non-exclusive, transferable, worldwide, royalty free license to display and/or otherwise use such information and/or data in any manner and for any purpose that may be related to the Service or any applicable law. Such right includes the right by SGA to modify, alter, change, amend, distribute, and/or re-distribute such content in any manner and for any purpose.
4.1 The term of this agreement shall be from the creation of your user account until the termination of the same. You may terminate your user account at any time without notice on your device by launching the settings app, tap iTunes and App Store and select your Apple ID. Tap view Apple ID when prompted, tap Subscriptions then select which Subscription to terminate.
4.2 At its sole option, and within its sole discretion, SGA may suspend your user account for any reason set forth herein, or in the event that you breach any terms of this agreement, including but not limited to the terms set forth in Section 1 regarding Acceptable Use. Suspension shall specifically include the deactivation of any access by you to the Service, your account, your Member Profile, and/or any information or data stored on or related to your account. SGA will use its best efforts to promptly notify you of the suspension, and may, but is not obligated to, give you an opportunity to correct such breach of agreement or violation in order to reactivate your account. If such breach of agreement or violation is not corrected upon being notified of an opportunity to correct the same, your account may be terminated as set forth below.
4.3 Except as otherwise stated herein, your account may be terminated either: (a) after a period of suspension as set forth in paragraph 3.2; or (b) by SGA for any reason upon notice to you as set forth in Section 5 herein. As with a suspension of your account, termination of your account includes the termination of any and all access by you to the Service, your account, your Member Profile, and/or any information or data stored on or related to your account. Additionally, termination shall include the removal of any and all of your information from the SGA servers, and such data may or may not be made available to you by SGA after any such termination.
4.4 A termination of your account constitutes a termination of this agreement, and in the event of any termination of this agreement, the remainder shall remain in full force and effect, pursuant to Section 9 below.
5. INFORMATION USAGE AND COMMUNICATIONS
5.2 During and after the term of this agreement, you agree to receive periodic emails from SGA regarding the Service, other products or services, your account, and system conditions, changes, updates, announcements, specials and/or schedules.
5.3 You agree to provide, and at all times during the term of this agreement maintain, true and accurate user account information on file with SGA, specifically including your full name, date of birth, gender, telephone number, email address, and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your user account to suspension and/or termination as set forth in Section 3 above.
6.1 Any notice under this agreement shall be given by SGA to you via email at the email address provided by you to SGA at the commencement of this agreement, or as SGA is subsequently advised. Notice to you at such email address is deemed sufficient regardless of your receipt of such email. You may update your email address, or other contact information, at any time by following the appropriate procedures on your Member Profile or by contacting SGA at firstname.lastname@example.org.
6.2 Any notice by you to SGA shall be made by email to email@example.com during SGA regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Any such notice is effective only upon receipt by SGA of the same. Such notice may also be sent via regular United States Mail to the following address:
Four Daughters, LLC d/b/a Social Graces App
12100 Wilshire Boulevard, Suite 800
Los Angeles, CA 90025
Attn.: altView Law Group, LLP
7. WARRANTEES AND LIMITATIONS
7.1 SGA makes every reasonable effort to maintain operation of the Service. Because many events and circumstances are beyond SGA’s control, however, SGA does not in any way warrant or otherwise guarantee the availability of the Service, system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of SGA.
7.2 THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOUR LOCAL LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEN ANY IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS ARE LIMITED AS MUCH AS YOUR LOCAL LAW REQUIRES.
7.3 In general, SGA has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. SGA accepts no responsibility for any information that you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. SGA provides no warrantee for any goods that you obtain over the Internet nor the compatibility of any such services with the SGA system. Items offered for sale through SGA are not checked, tested or approved in any way by SGA and as such SGA takes no responsibility for the truth or accuracy of the information or claims of such advertisers.
7.4 You specifically hereby waive any claim against SGA for damages of any kind, whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of: (a) any injury to you as a result of your, or any third party’s, use of any goods offered for sale or otherwise made available to you via the Service; and (b) any injury to you as the result of any alleged copyright infringement, without regard to whether or not the material claimed to have been infringing is later found to actually be infringing.
7.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO SGA IN THE THREE (3) MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY, IF ANY. IN NO EVENT SHALL SGA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
8.1 You agree to fully defend, indemnify and hold harmless SGA, its affiliates, parent companies, employees, independent contractors or other third parties of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement, or your negligence whether active or passive, or any negligence of SGA, in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of SGA.
8.2 You agree to fully defend, indemnify and hold harmless SGA, its affiliates, parent companies, employees, independent contractors or other third parties of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of SGA.
8.3 You agree to fully defend and indemnify and hold harmless SGA, its affiliates, parent companies, employees, independent contractors or other third parties of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any purchase or use, whether negligent or otherwise, of any goods offered via the Service. Choice of counsel remains exclusively that of SGA.
8.4 You agree that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your username and/or password. You further agree to defend and indemnify and hold harmless SGA of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential username and/or password information. Choice of counsel remains exclusively that of SGA.
9. FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the agreement.
11. CHOICE OF LAW; REGIONAL VARIATIONS
This agreement shall be interpreted under, and governed by, the laws of the State of California, including as such laws relate to disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California, County of Los Angeles. The parties to this agreement hereby consent to jurisdiction in said court, and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so.
12. NO AGENCY
Notwithstanding any other provision of this agreement, SGA is not your agent, partner or joint venturer in any respect.
Any assignment of your rights under this agreement is null and void.
Subject to any specific provisions regarding amendment set forth in this agreement, SGA may, without advance notice, amend this agreement from time to time, and will do so by posting the new agreement on the SGA mobile application in place of the old. Each and every such amendment shall become effective immediately for all pre-existing and future accounts.
15. REQUIRED NOTICES
15.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Four Daughters, LLC, COPYRIGHT INFRINGEMENT CLAIM, 12100 Wilshire Boulevard, Suite 800, Los Angeles, California 90025.
15.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984, please be advised that as may be applicable to you under California Law, if you are unsatisfied with the manner in which a complaint that you may have regarding the Service, you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
© 2018 Four Daughters, LLC. All Rights Reserved.