This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Field Notes, LLC ("Field Notes," "we," "us," or "our"), a Michigan limited liability company, governing your use of the Field Notes mobile application and any related services (collectively, the "App"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not download or use the App.
1. License grant
Subject to your compliance with this Agreement, Field Notes grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial purposes as permitted by the Apple App Store Terms of Service.
This license does not include the right to sublicense the App to any third party, use the App for any commercial purpose, or make the App available over a network where it could be used by multiple devices simultaneously.
2. Restrictions
You may not:
- Copy, modify, adapt, translate, or create derivative works of the App or any part of it
- Reverse engineer, disassemble, decompile, or attempt to derive the source code of the App
- Rent, lease, loan, sell, sublicense, or otherwise transfer rights to the App
- Remove, obscure, or alter any proprietary notices, labels, or marks on the App
- Use the App to develop a competing product or service
- Scrape, extract, or systematically collect any data, ratings, scores, or content from the App through automated means
- Use the App in any manner that violates applicable law or regulation
- Access or use the App if you are under 13 years of age
3. Ownership of the App and aggregated data
The App, including its code, design, features, and all aggregated destination scores, ratings, and composite data generated by Field Notes from user submissions, is owned exclusively by Field Notes, LLC and is protected by United States and international intellectual property laws.
This Agreement does not convey to you any ownership interest in the App or in Field Notes' aggregated data. Your individual submissions remain yours, subject to the license you grant us under Section 4.
4. User content and license to Field Notes
You retain ownership of any ratings, reviews, photos, or other content you submit to the App ("User Content"). By submitting User Content, you grant Field Notes a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, aggregate, display, and distribute your User Content in connection with operating and improving the App and its services, including displaying your contributions as part of aggregated destination scores.
You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe the rights of any third party.
5. Account termination
Field Notes reserves the right to suspend or terminate your access to the App at any time, with or without notice, if we determine in our sole discretion that you have violated this Agreement or our Terms of Service, or that your use of the App poses a risk to other users or to Field Notes.
You may terminate this Agreement at any time by deleting the App from your device and deleting your account within the App.
6. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELD NOTES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Field Notes does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App or the servers that make it available are free of viruses or other harmful components. Destination ratings and scores in the App are aggregated from user submissions and are provided for informational purposes only — Field Notes makes no representations about their accuracy or reliability.
7. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELD NOTES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR DAMAGES ARISING FROM RELIANCE ON RATINGS OR DESTINATION INFORMATION IN THE APP, EVEN IF FIELD NOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIELD NOTES' TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM.
8. Apple-specific terms
This Agreement is between you and Field Notes only, not with Apple, Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar legislation.
Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce it against you as a third-party beneficiary.
9. Governing law and disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Wayne County, Michigan, and you consent to the personal jurisdiction of those courts.
10. Changes to this Agreement
Field Notes reserves the right to modify this Agreement at any time. We will notify you of material changes by updating the "last updated" date and, where appropriate, by providing in-app notice or email notification. Continued use of the App after changes become effective constitutes your acceptance of the revised Agreement.
11. Contact
For questions about this Agreement, contact us at:
Field Notes, LLC
fieldnotesapp1@gmail.com