This Star Coach™ Agreement for End Users ("Agreement") is between you and The Five Star Travel Corporation /b/a Forbes Travel Guide ("Company") and governs your use of Company's Star Coach™ applications for web, iOS, and Android ("Licensed Application").
This agreement is between you and Company only, and not Apple, Inc. ("Apple") or Google, Inc. ("Google").
Company, not Apple or Google, is solely responsible for the Licensed Application and its content. Although Apple and Google are not parties to this agreement, Apple and Google have the right to enforce this agreement against you as a third party beneficiary relating to your use of the Licensed Application.
Company may offer the Licensed Application to you based on your relationship with your employer, a group, or other organization (each an "Enterprise Organization") for certain programs operated by Company on behalf of such Enterprise Organizations (each an "Enterprise Program"). By choosing to participate in an Enterprise Program, you agree that your personally identifiable information related to your use, and results arising from such use ("User Activity Data"), may be provided to the Enterprise Organization in connection with each Enterprise Program. Please contact your Enterprise Organization if you have questions about how your User Activity Data is used by the Enterprise Organization.
Scope of License
The license granted to the end-user for the Licensed Application is limited to a non-transferable license to use the Licensed Application: (i) via a website authorized by Company, or (ii) on a mobile device operating on the iOS or Android operating systems that the end-user owns or controls and as permitted by the terms set forth in the Apple App Store and Google Play Store Terms of Service. Such license is subject to payment of any applicable license fees or other amounts required for use of the Licensed Application.
Maintenance and Support
Company is solely responsible for providing any maintenance and support services with respect to the Licensed Application, only as specified in a separate written agreement, if any, or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE LICENSED APPLICATION. THE LICENSED APPLICATION AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED APPLICATION REMAINS WITH YOU.
To the extent you have any claim arising from or relating to your use of the Licensed Application, Company, not Apple or Google, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Intellectual Property Rights
Except as otherwise agreed in writing, Company shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Licensed Application. To the extent Company is required to provide indemnification by applicable law, Company, not Apple or Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Licensed Application or your use of it infringes any third party intellectual property right.
U.S Legal Compliance
You represent, warrant, and agree 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; (iii) use of the application is subject to compliance with all applicable laws and government requirements.
As part of the Service, Company and/or its licensors collect and use Speech Data in a form that does not permit association with words or subject matter to (i) deliver the Service to you in accordance with this Agreement; and (ii) develop, tune, enhance and improve the Service, and other services and products in a manner that does not identify you. You acknowledge, consent and agree that Company and/or its licensors may collect the Speech Data as part of the Service and that such information shall be used by Company and/or its licensors as set forth above. "Speech Data" means audio and related data provided by End User hereunder or generated in connection with the Service.
User Generated Content
You may not post violent, hateful, discriminatory, unlawful, infringing, nude, pornographic, or sexually explicit photos or content via the Service. Company reserves the right to modify or terminate your access to the Service for any reason, without notice, at any time, and without liability to you. You understand that by using any portion of the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Service at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You may report content that violates this policy by contacting Company as described in this Agreement.
Should you have any questions, complaints, or claims relating to the Licensed Application,
please contact Company at www.forbestravelguide.com/about/contact.