Welcome to TraLiché

TraLiché App End User License Agreement

Effective March 12, 2019

 

This End User License Agreement (“Agreement”) is between you and TraLiché and governs the use of this app made available through the Apple App Store. By installing TraLiché, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, please uninstall TraLiché immediately.

In order to ensure TraLiché provides the best experience possible for everyone, we strongly enforce a no-tolerance policy for objectionable content. If you see inappropriate content, please use the "Feedback" feature found in our Menu.

By using the features of TraLiché you agree to these Terms as a "visitor" (simply browsing our products) or "registered member" (a visitor who has proceeded to offer personal information)

1. PARTIES

This Agreement is between you and TraLiché only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. TraLiché, not Apple, is solely responsible for the TraLiché content and products.

2. DEFINITIONS 

A. "PARTIES"

  • "User," "You" and "Your" refer to you as a visitor or registered member of TraLiché.

  • A "visitor" or "user" and "registered member" is someone who accesses, browses, crawls, scrapes, or in any way uses the features or information provided on the application.

  • "We," "us," and "our" refer to TraLiché.

​​B. "CONTENT"

  • "Content" refers to text, images, photos, audio, video, location data, and all other forms of data or communication.

  • "Your Content" refers to Content that you submit or transmit to, through, or in connection with us.

  • "User Content" refers to Content that users submit or transmit to, through, or in connection with the Site.

  • "Third Party Content" means Content that originates from parties other than TraLiché or its users, which is made available in connection with TraLiché.

  • "Site Content" refers to all Content that is made available in connection with TraLiché, including Your Content, User Content, and Third Party Content.

3. OUR SERVICES

Our mission is to be the go-to app for Houstonians and travelers to discover the most authentic food establishments in Houston and promote support for local businesses, activities, and events. To advance our mission, we provide the following products and services outlined below:

  • Provide a personalized experience for you: To achieve this, we use data that you are required to provide as well as data that you choose to share. ​​

  • Help you discover local food establishments that may interest you: We may show you ads, offers, and other sponsored content to help you discover places, events, and services offered by the businesses that use TraLiché. Our partners pay us to show their content to you and we design our services so that the sponsored content you see is as relevant and useful to you.

  • Research ways to make our services better: We engage in research and collaborate with our partners, visitors, users, and prospective businesses and users to continue improving our products and services.

4. PRIVACY

To provide the above services, TraLiché must have access to your location while in use. We may also collect and use the required and optional personal data you provide.

TraLiché may collect and use information about your usage of TraLiché, including, but not limited to, certain types of information from and about your device. TraLiché may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of TraLiché.

Objectionable Content may not be submitted to TraLiché, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content.

Objectionable Content includes, but is not limited to:

  • Sexually explicit materials.

  • Obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity.

  • Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent.

  • Content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms. ​​​​

TraLiché grants you a Limited, non-exclusive, non-transferable, revocable License to use TraLiché for personal, non-commercial purposes. You may only use TraLiché on Apple devices that you own or control and as permitted by the App Store Terms of Service.​

5. USING TraLiché

A. User Accounts

  • You must create an account and provide certain information about yourself in order to use some of our features.

  • You are responsible for maintaining the confidentiality of your account password.

  • You are also responsible for all activities that occur in connection with your account.

  • You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

B. Becoming a Registered Member

  • Everyone, including users who are 17 years and younger with a parent or legal guardian consent, is welcome to browse and use TraLiché.

  • Users are encouraged to use all content (including your content, our content, and third-party content) in ways that they can interact with each other, with our partners, and with us in a respectful and positive way.

  • Your use of the TraLiché is at your own risk, including the risk that you might be exposed to Content that is inaccurate, objectionable, or contradicts your opinion.

  • The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  • You must use the same name in your everyday life and provide accurate information about yourself.

  • You can create only one account (your own).

  • You can not give others access to your account, or transfer your account to anyone else.

  • You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or if we have closed your account.

By using TraLiché, you represent and warrant that:

  • You are of legal age and agree to be bound by this Agreement.

  • If you are under 17 years or younger, you have obtained verifiable consent from a parent or legal guardian.

  • Your use of TraLiché does not violate any applicable law or regulation.

Your access to TraLiché may be terminated without warning if TraLiché believes, in its sole discretion, that you are under the legal age and have not obtained verifiable consent from a parent or legal guardian.

If you are a parent or legal guardian and you provide your consent to your child's use of TraLiché, you agree to be bound by this Agreement in respect to your child's use of the TraLiché App.

By creating an account, you agree to receive certain communications in connection with TraLiché, including but not limited to notifications and emails.​​

6. RESTRICTIONS, ACCOUNT SUSPENSION, AND TERMINATION

We encourage you to let us know if you believe another user has violated the Terms, however, we are under no obligation to enforce the Terms on your behalf against another user.

 

We reserve the right to investigate and take appropriate action at our sole discretion.​​

If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including suspending access to your account or disabling it.

You may terminate the Terms at any time by closing your account and discontinuing your use of TraLiché.

7. ADVERTISING

TraLiché and our partners may publicly display advertisements and other information similar to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

8. THIRD PARTIES

Our partners provide Services or advertise food and events on TraLiché. We provide links to their websites and affiliated accounts and maybe other businesses or individuals associated with them. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites and social links.

 

These links are a convenience to our users and do not translate to an endorsement by TraLiché. TraLiché does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review all third-party privacy statements and other conditions of use.

9. OWNERSHIP

We own TraLiché Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.

TraLiché is protected by copyright under the copyright laws of the United States. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any original Content of TraLiché for any commercial purpose without our expressed written consent.

 

10. WARRANTY

TraLiché disclaims all warranties to the fullest extent permitted by law. To the extent any warranty exists under the law that cannot be disclaimed, TraLiché, not Apple, shall be solely responsible for such warranty.

TraLiché provides minimal maintenance or support for its features but not to the extent that any maintenance or support is required by applicable law, TraLiché, not Apple, shall be obligated to furnish any such maintenance or support.

TraLiché is responsible for addressing any claims by you relating to TraLiché or the use of it, including, but not limited to:

  • Any product liability claim.

  • Any claim that the TraLiché App fails to conform to any applicable legal or regulatory requirement.

  • Any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

11. Third Parties

Our partners provide Services or advertise food and events on TraLiché. We provide links to their websites and affiliated accounts and maybe other businesses or individuals associated with them. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.

 

These links are a convenience to our users and do not translate to an endorsement by TraLiché. TraLiché does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review all third-party privacy statements and other conditions of use.

12. THIRD PARTY INTELLECTUAL PARTY CLAIMS

TraLiché shall not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the TraLiché App. To the extent TraLiché is required to provide indemnification by applicable law, TraLiché, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the TraLiché App or your use of it infringes any third party intellectual property rights.

13. Indemnity

You agree to hold harmless and indemnify TraLiché from and against any third party claim arising from or in any way related to your use of the TraLiché services and products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

14. LIABILITY

TraLiché disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or materials displayed on services and products provided by TraLiché.

TraLiché disclaims any and all responsibility and liability for the conduct of any user.

TraLiché services and all materials and information (including, without limitation, any information or materials obtained or accessed through TraLiché), products and services included therein are provided “as is” with no warranties. TraLiché expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. You agree that your use of TraLiché services and products is entirely at your own risk. Under no circumstances will TraLiché be liable to you for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the of TraLiché whether or not TraLiché has been advised of the possibility of such damages. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE TraLiché SERVICE, FROM INABILITY TO USE THE TraLiché SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE TraLichéSERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

15. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that:

  • Your Feedback does not contain confidential or proprietary information of third parties.

  • We are under no obligation of confidentiality, express or implied, with respect to the Feedback.

  • We may have something similar to the Feedback already under consideration or in development.

  • You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback.

  • You irrevocably waive and cause to be waived against TraLiché and its users any claims and assertions of moral rights contained in such Feedback.

16. GENERAL TERMS

  • We reserve the right to modify, update, or discontinue TraLiché at our sole discretion, at any time, for any or no reason, and without notice or liability.

  • We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through TraLiché.

  • The Terms contain the entire agreement between you, us, and Apple regarding the use of TraLiché, and supersedes any prior agreements between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

  • Any failure on TraLiché part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  • If any provision of the Terms is found to be unenforceable or invalid, then that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

  • The Terms and any rights or obligations hereunder are not assignable, transferable or sublicensable by you except with TraLichéprior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

  • The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright © 2018 TraLiché. All Rights Reserved.