End-User Agreement For Android™
App
Last Updated: September 2018
Terms of Use
BY USING THIS BRASS TAP MOBILE
APP (THE "APP"), YOU ACCEPT THESE TERMS OF USE ("TERMS").
IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD IMMEDIATELY UNINSTALL THIS APP
AND DISCONTINUE ITS USE. CONTINUED USE OF THE APP SIGNIFIES YOUR CONTINUED
ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM. THESE TERMS FORM A BINDING
LEGAL CONTRACT BETWEEN YOU AND FSC FRANCHISE CO, LLC. ("BRASS TAP").
Age Restriction
Only individuals thirteen (13)
years of age or older may use the App. Users between the ages of thirteen (13)
and eighteen (18) must review these Terms with a parent or legal guardian to
ensure the parent or legal guardian acknowledge and agree to these Terms.
Should User's parent or legal guardian not acknowledge and agree to these
Terms, User must immediately uninstall this App and discontinue its use.
Additional Terms and Policies
These Terms incorporate, and
supplement other terms, conditions, and policies of Brass Tap posted at thebrasstap.com. These
include, without limitation, the following items, which may be changed or updated
from time-to-time. In the event of any conflict, these Terms will control but
only to the extent applicable to use of the App.
End-User License
Subject to these Terms, Brass Tap
grants you a personal, non-exclusive, non-transferable, non-sublicensable,
limited and revocable license to use the App for personal use only on an
Android phone or tablet ("Android Device") owned or controlled by you
in accordance with these Terms ("User License"). Any use of the App
in any other manner, including, without limitation, resale,
reverse-engineering, disassembling, redistribution, transfer, modification or
distribution of the App or text, pictures, music, barcodes, video, data,
hyperlinks, displays, and other content associated with the App
("Content") is prohibited. You may not rent, lease, lend, sell,
transfer, redistribute or sublicense the App. If you sell or transfer
ownership of your Android Device to a third party, you must remove the App
before doing so. You may not copy (except as expressly permitted by this
Agreement), decompile, reverse-engineer, disassemble, attempt to derive the
source code of, modify, or create derivative works of the App, any updates, or
any part thereof (except as and only to the extent that any foregoing
restriction is prohibited by applicable law or to the extent as may be
permitted by licensing terms governing use of any open-sourced components
included with the App). If you breach any of these restrictions, you may be
subject to prosecution and damages. This Agreement and User License also
governs any updates or upgrades to, or supplements or replacements for, this
App unless separate terms accompany such updates, supplements or replacements,
in which case the separate terms will apply.
The license is effective until
terminated by you or Brass Tap, with or without written notice. Your rights
under the User License will terminate automatically without notice from Brass
Tap if you fail to comply with any Terms or terms of the User License. Upon
termination of the license, you shall cease all use of the App and destroy all
copies, full or partial, of the App.
Brass Tap Digital Stored Value
Program
By using the App's Brass Tap
Digital Stored Value Program features, you agree to the terms and conditions of
the Brass Tap Digital Stored Value Program and the Brass Tap Corporate Privacy
Policy. Brass Tap reserves the right to change such terms and conditions and
privacy policy, and/or discontinue the App's Digital Stored Value Program at
any time and without prior notice to you, subject to refunding any money
accumulated in an account in good standing at the time of any termination of
the Program.
User Information
App features, such as the Digital
Stored Value Program, store locator, mobile gifting, feedback, account
management, and interaction with social media sites, may use, maintain, or
transmit personal information, including, without limitation, your name,
password, email address, address, location, financial information (including
credit card information), virtual Brass Tap card information, GPS location
information, and information for and from third-party social-media accounts
(collectively "User Information"). By using the App, you consent to
the transmission of User Information to Brass Tap, including its agents and
third-party partners, and consent to Brass Tap, including its agents and
third-party partners, receiving, collecting, storing, processing, transmitting,
and using User Information for App functionality and for the purposes disclosed
in our Corporate Privacy Policy.
You further agree that Brass Tap,
its service providers and/or others involved in creating or providing the App
may collect and use technical data and related information — including but not
limited to technical information about your device, system and App software,
and peripherals — that is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related
to the App. Brass Tap, its service providers, and/or others involved in
creating or providing the App may use this information, as long as it is in a
form that does not personally identify you, to improve the App or to provide
services or technologies to you.
Your Responsibility for Your
Mobile Device
You are solely responsible for
(a) the confidentiality and security of User Information sent from or stored on
your Android Device by the App, (b) taking precautionary steps to protect User
Information stored on your Android Device, including without limitation
password-protecting the Android Device and employing Google's remote-wipe
feature, and (c) all transactions and activities undertaken via your device or
account whether authorized by you or not. This includes any and all
unauthorized purchases made from the Digital Stored Value Program feature. You
agree to immediately notify Brass Tap of any suspected unauthorized
transactions associated with the App or any other breach of security. Brass
Tap shall not be responsible for any losses arising from loss or theft of User
Information due to unauthorized or fraudulent transactions related your device.
External Services and Third-Party
Materials
The App may enable access to Beefs'
or third-party services and websites (collectively and individually,
"External Services"). Use of the External Services requires Internet
access and may require you to accept additional terms. Certain External
Services may display, include or make available content, data, information,
Apps or materials from third parties ("Third Party Materials") or
provide links to certain third-party web sites. By using the External
Services, you acknowledge and agree that neither Brass Tap, nor its agents or
those involved in creating or providing the App, is responsible for examining
or evaluating the content, accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect of such
Third-Party Materials or web sites. Neither Brass Tap, nor its agents or those
involved in creating or providing the App, warrants or endorses and does not
assume and will not have any liability or responsibility to you or any other
person for any third-party services, Third Party Materials or web sites, or for
any other materials, products, or services of third parties. Third-Party
Materials and links to other web sites are provided solely as a convenience to
you. You agree to use the External Services at your sole risk and neither Brass
Tap, nor its agents or those involved in creating or providing the App, shall
have any liability to you for content that may be found to be offensive,
indecent, or objectionable. Brass Tap reserves the right to change, suspend,
remove, or disable access to any External Services at any time without notice. In
no event will Brass Tap be liable for the removal of or disabling of access to
any such External Services. Brass Tap may also impose limits on the use of or
access to certain External Services, in any case and without notice or
liability.
You agree that the External
Services contain proprietary content, information and material that is owned by
their respective owners, and is protected by applicable intellectual property
and other laws, including but not limited to copyright, and that you will not
use such proprietary content, information or materials in any way whatsoever
except for permitted use of the External Services, or in any manner that is
inconsistent with the terms of this Agreement or that infringes any
intellectual property rights of a third party or Brass Tap. No portion of the
External Services may be reproduced in any form or by any means, except as
permitted by the respective owner of the External Services. You agree not to
modify, rent, lease, loan, sell, distribute, or create derivative works based
on the External Services, in any manner, and you shall not exploit the External
Services in any unauthorized way whatsoever, including but not limited to,
using the External Services to transmit any computer viruses, worms, trojan
horses or other malware, or by trespass or burdening network capacity. You
further agree not to use the External Services in any manner to harass, abuse,
stalk, threaten, defame or otherwise infringe or violate the rights of any
other party, and that neither Brass Tap, nor its agents or those involved in
creating or providing the App, is in any way responsible for any such use by
you, nor for any harassing, threatening, defamatory, offensive, infringing or
illegal messages or transmissions that you may receive as a result of using any
of the External Services.
Prohibited Uses
Use of the App is limited to the
contemplated functionality. The App shall not be used in any way that does any
of the following:
- Harasses,
abuses, stalks, threatens, defames, or otherwise infringes or violates the
rights of any other party (including but not limited to rights of
publicity or other proprietary rights).
- Is unlawful,
fraudulent, or deceptive.
- Uses technology
or other means to access unauthorized content or non-public spaces,
including but not limited to use of "bots," "spiders,"
or "crawlers."
- Attempts to (a)
introduce viruses or any other harmful computer code, files or programs
that interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, (b) damage, disable,
overburden, or impair Brass Tap servers or networks, or (c) gain
unauthorized access to a Brass Tap computer network or user accounts.
- Encourages
conduct that would constitute a criminal offense, or that gives rise to
civil liability.
- Violates these
Terms in any manner.
- Fails to comply
with applicable third-party terms and conditions or other third-party
policies (collectively "Acceptable Use").
Brass Tap reserves the right, in
its sole discretion, to terminate any User License, remove Content, assist law
enforcement in the prosecution of criminal liability, or assert a civil or
criminal legal action with respect to Content or use of the App, including any
Digital Stored Value Account, that Brass Tap reasonably believes is or might be
in violation of these Terms, but failure or delay in taking such actions does
not constitute a waiver of its rights to enforce these Terms.
User-Generated Content
You may generate content, written
or otherwise, while using the App ("User-Generated Content"). You
hereby (a) acknowledge and agree that you and you alone are responsible for
your own User Generated Content, and (b) grant to Brass Tap and its successors
a worldwide, irrevocable, transferrable, sublicensable, fully-paid,
royalty-free, non-exclusive license to reproduce, display, modify, delete from,
add to, adapt, publish, prepare derivative works from, and otherwise use your
User-Generated Content in any way, including but not limited to product
marketing campaigns.
Indemnification
You agree to indemnify and hold
harmless Brass Tap, including its agents, affiliated companies, employees,
contractors, directors, and officers, and anyone involved in creating or
providing the App, from all claims or causes of action, liabilities, damages,
costs, fines, penalties, and expenses (including attorneys' fees) occurring
from or related to the use or misuse of the App, violation of these Terms, or
violations of any rights of a third party, or any allegation thereof. Brass
Tap reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
cooperate in asserting any available defenses.
No Warranties
BRASS TAP IS PROVIDING THE APP
AND CONTENT "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES
OR REPRESENTATIONS, EXPRESSED OR IMPLIED. YOU USE THE APP AT YOUR OWN RISK. TO
THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BRASS TAP DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APP
IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED,
NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
OR THAT THE USE OF THE APP BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT
INFORMATION TRANSMITTED IN CONNECTION WITH THE APP WILL BE SUCCESSFULLY,
ACCURATELY OR SECURELY TRANSMITTED.
No Liability
TO THE FULLEST EXTENT ALLOWABLE
UNDER APPLICABLE LAW, IN NO EVENT SHALL BRASS TAP OR ITS AGENTS OR ANYONE
INVOLVED IN CREATING OR PROVIDING THIS APP OR CONTENT (A) BE LIABLE WITH
RESPECT TO USE OF THE APP; AND/OR (B) BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS,
LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APP, OR
DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE APP. BRASS
TAP, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APP OR
CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED
REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION,
INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN
OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR
OTHER HARM.
In the event that applicable law
does not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental, consequential or other damages, in no event
shall Brass Tap, its agents or anyone involved in creating or providing this
App or Content be liable for damages, losses, and/or causes of action exceeding
the amount, if any, paid by you for use of the App or $100, whichever is less.
Intellectual Property
The Brass Tap name, logo and
other marks graphics and logos used in connection with the App are trademarks
or registered trademarks of FSC Franchise Co (collectively " Brass Tap
Marks"). Other trademarks, service marks, graphics and logos used in
connection with the App are the trademarks of their respective owners
(collectively "Third-Party Marks"). The Brass Tap Marks and
Third-Party Marks may not be copied, imitated or used, in whole or in part,
without the prior written permission of FSC Franchise Co or the applicable
trademark holder. The App and the Content are protected by copyright,
trademark, patent, trade secret, international treaties, laws and other
proprietary rights, and also may have security components that protect digital
information only as authorized by Brass Tap or the owner of the Content.
Choice of Law, Arbitration, and
Jurisdiction for Disputes
These Terms are governed by the
laws of the State of Florida, without regard to conflict of laws rules. You
consent to the exclusive jurisdiction of the state or federal courts in Tampa,
FL for purposes of any legal action arising out of or related to the use of the
App or these Terms to the extent not resolved via the Arbitration provisions of
the FSC Terms of Use, which apply fully to use of the
App.
Severability
If any of these Terms shall be
deemed invalid, void, or for any reason unenforceable, those terms shall be
deemed severable and shall not affect the validity and enforceability of any
remaining terms. Failure of Brass Tap to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision in that or any other instance.
Modification of these Terms
We will notify you of changes to
these Terms by posting the amended terms in this App, or on the beefobradys.com
website, at least thirty (30) days before the effective date of the changes. If
you have provided us with your email address or with consent to contact you via
text message or other means, we will also notify you of material changes to
these Terms via those means at least thirty (30) days before the effective date
of the changes to the address/number you most recently provided to us. We
encourage you to keep the contact information you provide to us current, and to
promptly notify us of any changes, so that you may receive any notices we send
to you regarding material changes to these Terms. If you do not agree to any
changes, you should stop using the App, and if you are a registered user, you
may cancel your account with us within the thirty (30) day period by contacting
us at legal@fscfranchiseco.com and you
will not be bound by the new terms. Otherwise, the new terms will take effect
after thirty (30) days.
Third Party Beneficiaries
You agree that our service
providers, licensors, or others involved in creating or providing the App are
third party beneficiaries to this End-User Agreement and may rely upon the
provisions of this End-User Agreement, including but not limited to, the
provisions concerning Indemnification, No Warranties, and No Liability.
Contact Us
If you have any questions regarding
our privacy practices, you can email us at legal@fscfranchiseco.com.