These Terms of Service apply to the Stovehouse mobile application (the “App”) available on the Apple App Store and Google Play Store for Android by Bold Agency, LLC, its subsidiaries and affiliates. The App is owned by Bold Agency, LLC (“Bold Agency”). These Terms of Service also incorporates by reference the Privacy Policy and any other policies available on the App. BY USING THE APP, YOU AGREE TO THESE TERMS OF SERVICE.
Bold Agency reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. You are responsible for periodically reviewing the Terms of Service for changes. By continuing to use the App, you accept any changes at the time they are implemented.
Stovehouse is a multi-use application for assisting users to locate leisure, food, and other events in their area. Stovehouse may utilize location tracking services dependent on the user’s settings to provide these services.
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the App. You are the sole authorized user of any account you create. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity.
Bold Agency will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Bold Agency or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Bold Agency has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, your account may be suspended or terminated.
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(1) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Stovehouse Employees, or the community.
(2) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(3) You will only access the Services using means explicitly authorized by Stovehouse.
(4) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(5) You will not use the Services to cause nuisance, annoyance or inconvenience.
(6) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless given prior permission to do so in writing.
(7) You will not copy or distribute any information or content displayed through the App, for republication in any format or media.
(8) You will not compile, directly or indirectly, any content displayed through the App except for your personal, noncommercial use.
(9) The information you provide to Stovehouse when registering an account is accurate. You will promptly notify Stovehouse of any changes to such information and will provide Stovehouse with proof of identity as reasonably requested.
(10) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the App.
(11) You will use the App for your own use and will not directly or indirectly resell, license or transfer the information, software, code, or other content contained on the App to a third party.
(12) You will not attempt to gain unauthorized access to the App or to any account, resource, or other network.
(13) You will not attempt to test the vulnerability of any system or network or breach or circumvent any security or authentication measures of Stovehouse.
(14) You will not make use of any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our App, websites, or any other content.
(15) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the App.
(16) You will report any errors, bugs, or any breach of our intellectual property rights that you uncover in your use of the Services.
(17) You will not abuse our promotional or credit code system, by opening multiple accounts to benefit from offers available only to first-time users.
Stovehouse reserves the right to suspend and/or permanently deactivate your account at its sole discretion in the event of any breach of these restrictions.
All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the “Content”) arranged to create the design, structure, coordination, expression, appearance and feel of the App is owned, controlled or licensed by or to Stovehouse, and is protected by United States and international patent, copyright, trademark and trade secret laws of general applicability.
Except as expressly provided in the Terms of Service, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web App, or other medium for publication or distribution or for any commercial enterprise without Stovehouse’s prior express written consent.
The above notwithstanding, you may use information purposefully made available by Stovehouse for download from the App provided that you: (1) not remove any proprietary notice language in all copies of such documents (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information (4) make no additional representations or warranties relating to such documents.
The trademarks of Stovehouse are not to be used without permission. Trademarks include, but are not limited to:
Stovehouse
Trademarks also include, but are not limited to, the logos associated with any trademarks and used throughout the App. The content included in the App and other resources made available through the App is protected by copyright and is owned or used with permission or under fair use by Stovehouse.
As long as you are in compliance with the Terms of Service, Stovehouse grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the App. Access to this App is limited to personal use of the App and is not for downloading (other than page caching) or modifying all or any portion of the App, without the prior express written consent of Stovehouse. This license does not include any resale or commercial use of the App or the Content; any collection or use of any product listings, descriptions or prices; any derivative use of the App or the Content. No part of the App may be reproduced, duplicated, copied, sold, resold, viAppd or otherwise exploited for any commercial purpose without the prior express written consent of Stovehouse. Any unauthorized use of the App terminates the permission and license granted herein. You are granted a limited, revocable non-exclusive right to create a hyperlink to the App, or any part of the App, as long as the link does not portray Stovehouse or any licensors or affiliates in a false, misleading, derogatory or otherwise offensive matter. You may not use any logos or other proprietary trademarks as part of the link without the prior express written permission of Stovehouse.
Links to other websites or applications are provided for the convenience and information of visitors to the App. Clicking on these links will navigate you to another site. The inclusion of links on the App does not represent, unless specifically noted in the link, an endorsement, authorization, sponsorship, or affiliation with the linked site. Unless otherwise indicated, any Apps linked to from the App are not under the control of Stovehouse. Stovehouse is not responsible for the content or presentation of any linked App. Stovehouse makes no representation regarding the accuracy or completeness of the information contained in any linked Apps. Apps that are included in the above links are those of various social media Apps, such as Facebook, LinkedIn, Instagram, and Twitter.
All editorial comments published through the App reflect the personal opinions of the author and not necessarily the opinion of Stovehouse. At times, Stovehouse or the authors of the blog may post reviews related to certain products or services. The author of a given entry related to reviews or other product information will give an indication if they or Stovehouse was compensated for the review. The above notwithstanding, it is Stovehouse’s policy only to endorse products it or its authors would endorse with or without compensation.
For blog entries, you are granted limited rights to copy, distribute, transmit or even adapt the entries from Stovehouse as long as you provide a link to the original work and give credit to Stovehouse and the original author.
For social media commentary, you are granted limited rights to copy, distribute, transmit or even adapt the entries from Stovehouse as long as you provide a link to the original work and give credit to Stovehouse and the original author.
By using the App, you represent and warrant that:
It is Stovehouse’s policy to respond to claims of intellectual property infringement. Stovehouse will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to Stovehouse’s designated agent (the “Designated Agent”). Below is the information for Designated Agent for the App:
Gatehouse Law, LLC
3108 Blue Lake Drive, Suite 200
Birmingham, Alabama 35243
Phone: 205.208.9595
Email: dmca@gatehouse.law
Any written communication under this section should include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Stovehouse may make changes to any products or services offered on the App, or to the applicable prices for any such products or services, at any time, without notice. The information on the App regarding products and services may be out of date, and Stovehouse is not obligated to update such information on the App.
Stovehouse may, at times, use fact scenarios based in part on true events. The fact scenarios, however, are used for illustrative purposes and are not meant to depict any real person or event.
STOVEHOUSE MAKES NO CLAIM THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP OR SERVICES OFFERED THROUGH THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. STOVEHOUSE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. STOVEHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOVEHOUSE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED APPS TO WHICH YOU MAY NAVIGATE FROM THE APP. YOUR SOLE REMEDY AGAINST STOVEHOUSE FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the App, whether for breach of contract, tort, negligence or any other cause of action.
Stovehouse reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Stovehouse reserves the right to refuse service to anyone and terminate your account at any time.
Stovehouse is not liable to you, except where prohibited by law, for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Stovehouse has been advised of the possibility of such damages.
You agree to indemnify and hold Stovehouse, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Stovehouse by any third party due to or arising out of or in connection with your use of the App.
Violation of These Terms of Service
Stovehouse may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) Stovehouse’s rights or property, or the rights or property of visitors to or users of the App, including Stovehouse’s customers. Some violations may include:
Stovehouse reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. Stovehouse may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Stovehouse may preserve any transmittal or communication from you through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or Stovehouse determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process (2) enforce the Terms of Service (3) respond to claims that any such data violates the rights of others (4) protect the rights, property or personal safety of Stovehouse, its employees, users of or visitors to the App, and the public.
You agree that Stovehouse may, in its sole discretion and without notice, terminate your access to the App if it determines you have violated these Terms of Service or other agreements or guidelines associated with your use of the App. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice that will cause irreparable harm to Stovehouse. Because monetary damages for such a violation would be inadequate, you consent to Stovehouse obtaining any injunctive or equitable relief it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Stovehouse may have at law or in equity.
You agree that Stovehouse may, in its sole discretion and without prior notice, terminate your access to the App, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (3) discontinuance or material modification of the App or any service offered on or through the App or (4) unexpected technical issues or problems.
If Stovehouse does take any legal action against you as a result of your violation of the Terms of Service, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Stovehouse will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Service.
You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the state of Alabama without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Alabama, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If there is any controversy or dispute between you and Stovehouse arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then it shall be submitted to legally binding arbitration. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. This provision is intended to be as broad as possible under the law: it shall apply to all claims and causes of action, including all statutory and constitutional claims, contract claims and tort claims. The parties agree that their relationship affects and involves interstate commerce. YOU UNDERSTAND THAT DISPUTES RESOLVED UNDER THIS PROVISION SHALL BE THE SOLE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF THE TERMS OF SERVICE AND EXPRESSLY WAIVE YOUR RIGHT TO A LAWSUIT IN ANY CIVIL COURT EXCEPT TO ENFORCE AN ARBITRATION DECISION.
Stovehouse administers and operates the App from its location in Alabama, USA. Although the App is accessible worldwide, it is intended for use within the United States. If you choose to access the App from outside the United States, you are responsible for complying with applicable local laws.
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App, in violation of any applicable laws or regulations, including, but not limited to, United States export laws and regulations.
Each provision of the Terms of Service shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of the Terms of Service which are valid, enforceable, and legal.
Stovehouse’s failure to enforce strict performance of the Terms of Service shall not be construed as a waiver by Stovehouse of any provision or any right it has to enforce the Terms of Service, nor shall any course of conduct between Stovehouse and you or any other party be deemed to modify any provision of the Terms of Service. The Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
Any feedback you provide regarding the App is not considered confidential. Stovehouse is free to use such information without restriction.
Please report any violation of this Terms of Service to Stovehouse.
The information contained in this App is subject to change without notice.
© 2021 Bold Agency, LLC. All rights reserved.
Bold Agency, LLC
Updated by Bold Agency’s General Counsel on November 29, 2021.