These Terms of Use and End User License Agreement ("Terms") are a binding agreement between you and Vistory App LLC ("Vistory," "we," "us"), a North Carolina limited liability company, governing your use of the Vistory mobile application and related services (the "App"). By downloading, installing, or using the App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
Vistory grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, solely for your personal, non-commercial use, in accordance with these Terms and the App Store Usage Rules applicable to your device. We reserve all rights not expressly granted.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information and be at least 13 years old (or the minimum age required in your jurisdiction) to create an account.
When collecting markers, observe your surroundings and obey all laws, posted rules, and property restrictions. Do not collect while driving or operating a vehicle. You agree not to:
Except as expressly permitted by law, you may not, and may not permit others to: (a) access, copy, harvest, scrape, index, or extract the App's content, marker data, or database, in whole or in part, by any automated or manual means; (b) reproduce, distribute, or create derivative works from the App's content or database; or (c) decompile, disassemble, reverse engineer, or attempt to derive the source code or underlying structure of the App, except to the limited extent applicable law expressly permits despite this limitation.
The App, its design, software, trademarks, the "Vistory" name and Scout mascot, marker narratives, icons, and other content are owned by or licensed to Vistory App LLC and are protected by intellectual-property laws. The collection, selection, coordination, and arrangement of markers and related data constitute a protected compilation owned by Vistory. Nothing in these Terms transfers ownership of any Vistory intellectual property to you.
The App lets you create content such as Memory Spots, group activity, and trivia responses ("User Content"). You retain ownership of your User Content. You grant Vistory a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content for the purpose of operating and improving the App. You represent that you have the rights to submit your User Content and that it does not violate these Terms or any law. We may review, remove, or refuse User Content that violates these Terms or our content standards.
Historical narratives, trivia, and related content are provided for general educational and entertainment purposes. While we and our partners aim for accuracy, content may contain errors or omissions and should not be relied upon as authoritative historical or professional advice.
We may suspend or terminate your access if you violate these Terms or use the App in a way that may cause harm or legal liability. You may stop using the App at any time. Sections that by their nature should survive termination (including Sections 5–6 and 10–13) will survive.
The App is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that locations, routes, or content are accurate or safe.
To the maximum extent permitted by law, Vistory App LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from your use of or inability to use the App, including any personal injury or property damage sustained while traveling to or visiting locations. Our total liability for any claim relating to the App will not exceed the greater of the amount you paid us in the 12 months before the claim or USD $50.
You agree to indemnify and hold harmless Vistory App LLC and its members, officers, and agents from any claims, damages, or expenses arising out of your use of the App, your User Content, or your violation of these Terms or any law or third-party right.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in North Carolina, and you consent to their jurisdiction.
The following apply when you obtain the App through the Apple App Store:
We may update these Terms from time to time. Material changes will be reflected by the effective date above; your continued use of the App after changes take effect constitutes acceptance.
Vistory App LLC
358 NC Hwy 45 S, Plymouth, NC 27962
admin@vistoryapp.com