Effective as of 11th September 2018
This Terms of Use Agreement explains the terms and conditions under which you are able to use the Vision application provided by Currux LLC. Please read carefully this Terms of Use document, and keep a copy of it for your reference.
By downloading or using Vision mobile application, using our services or accessing any content that is made available by Currux LLC you express your agreement to be legally bound by the terms stated in this document, so please read these terms carefully before using our application as you are entering into a binding contract with Currux LLC, 520 Post Oak Blvrd, Suite 260, Houston TX 77027 USA. If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our application.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Currux LLC.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use Agreement:
‘Terms/Agreement’ refers to the latest version of this Terms of Use Agreement document.
‘App’ refers to the mobile application of Currux Vision.
‘Vision’ refers to App, and Services collectively.
‘User/You’ refers to any person or legal entity accessing or using Vision.
‘We/Us/Currux’ refers to Currux LLC, and their developers and affiliates.
‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.
‘Third-Party’ refers to any application, website, natural or legal entity other than Currux or their affiliates.
‘Content’ refers to all images, text, audio and video data or any other information located in the Vision.
‘Services’ refers to the overall functionality of the Vision, and availability of the Content provided by Currux and User Generated Content.
2.1 Unless otherwise indicated, Vision is our proprietary property and all design, schematics, source code, databases, functionality, software, hardware, App designs, audio, video, text, photographs, and graphics in the Vision and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition federal and state laws, foreign jurisdictions, and international conventions. The Content and the Marks are provided in the Vision “AS IS” for your information and personal use only. Except as expressly provided in this copyright notice, no part of the Vision and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to access and use the Vision and Content provided by Currux. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Vision and their Content; distribute, transfer, sublicense, lease, lend or rent the Vision or their Content to any Third-Party; reverse engineer, decompile or disassemble the Vision; or make the functionality of the Vision available to multiple Users through any means.
2.3 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from the Currux to the User, or from the User to the Currx.
2.4 Nothing in this Agreement shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
2.5 We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Vision or any Service to which it connects, with or without notice and without liability to you.
2.6 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed 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; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
2.7 Our copyright agent can be reached as follows:
Email: admin@currux.com
2.8 Some content in the Vision, such as advertisement, may be provided by the Third-Party. We are not responsible for such content, nor do we monitor or control content provided by Third-Party.
3.1 If you access the Vision via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
3.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Vision: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
4.1 You agree that you will not misuse our Vision. A misuse constitutes any use, access or interference with the Vision contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Vision to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Vision, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Vision;
(ii) collect Users' content or information, or otherwise access the Vision using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Vision;
(vii) take any action creating a disproportionately large usage load on our serviers unless expressly permitted by Currux;
(viii) create more than one account or share your account with anyone;
(ix) post or transmit content that is misleading.
(x) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights;
(xi) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Vision;
(xii) post or transmit hyperlinks to other websites that violate these Terms;
(xiii) facilitate or encourage any violation of these Terms.
5.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that Currux does not control. We may also provide you with links leading to the Third-Party. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. Currux does not endorse such Third-Party services and content and in no event shall Currux be responsible or liable for any products or services of such Third-Party providers.
5.2 Our Services may be used in connection with Third-Party services such as Facebook, Twitter, Google +, and other. In that sense your interaction with the Site and Services is further regulated by the Third-Party’s respective terms and privacy policies. Currux is not sponsored, endorsed, organized or in any other way supported by these Third-Parties.
6.1 You will indemnify and hold harmless Currux, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
7.1 Currux does not make any warranty, express or implied, or assumes any legal liability or responsibility neither for the accuracy, completeness, reliability or usefulness of the Vision, nor for any effects or consequences of its use.
7.2 Users understand and agree that it is their responsibility to use the vehicles in a safe manner and to always pay attention to the road and traffic conditions. Vision may not be used to replace, substitute, or complement driver’s due diligence nor any on board safety or assistance systems.
7.3 Vision performance is dependent on the vast number of conditions such as the specifications of the device, calibrations, GPS signal, whether conditions, road visibility, curvature, and conditions of road markings, presence of other traffic, speed of the vehicle and device positioning. Currux does not make any warranty that Vision will function properly even in the most ideal conditions.
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CURRUX SERVICE IS TO STOP USING THE CURRUX SERVICES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CURRUX, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE CURRUX SERVICES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE, REGARDLESS OF LEGAL THEORY, EVEN IF CURRUX HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3 CURRUX, IT’S EMPLOYEES, AGENTS, AND ITS DIRECTORS DO NOT ACCEPT ANY LIABILITY AND YOU HEREBY AGREE TO RELEASE US OF ANY LIABILITY ARISING (WHETHER DIRECTLY OR INDIRECTLY) OUT OF THE INFORMATION PROVIDED THROUGH THE SITE, OR ANY ERRORS, IN OR OMISSIONS FROM INFORMATION ON THE SITE. CURRUX IS NOT LIABLE FOR LOSS (WHETHER DIRECTLY OR INDIRECTLY) CAUSED BY YOUR ACTIONS OR DECISIONS BASED ON YOUR RELIANCE ON THE INFORMATION PROVIDED TO YOU THROUGH THE SITE, NOR CAUSED BY THE DELAY, MALFUNCTION OF THE OPERATION OR THE AVAILABILITY OF THE SITE.
8.4 CURRUX DOES NOT GUARANTEE THAT THE INFORMATION ON THE SITE AND APP IS CORRECT. ALL INFORMATION ON THE SITE IS STRICTLY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE CONSIDERED AS AN ADVICE, RECOMMENDATION OR SUGGESTION OF ANY KIND.
9.1 Currux may make changes or replace our Terms of Use Agreement at any time. We will post such changes, replacements and updates on the Site and such change, replacement and update to our Terms of Use Agreement will take effect immediately upon posting. You are consenting to keep yourself up to date with the latest posted Terms of Use Agreement and you accept and are bound by such change, replacement and update if you access or use our service after we have posted updated Terms. The Terms of Use Agreement applies regardless from which operating system you access our Vision.
10.1 This Agreement shall be governed by and construed under the laws of the State of Texas, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed Texas by Texas residents. You agree that if you have any dispute with Currux you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the courts of Huston, Texas.
11.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
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