This Mobile Application End User Terms and conditions and
Privacy Policy is a binding agreement between us. This Agreement
governs your use of the APP on the MOBILE PLATFORMS and MOBILE
DEVICES. The Application will be used by you.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS Terms and
conditions and Privacy Policy; You REPRESENT THAT YOU ARE OF
LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND ACCEPT THIS
AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND
CONDITIONS and PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITION and PRIVACY POLICY, DO NOT DOWNLOAD/
INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE
DEVICE.
License Grant. Subject to the terms of this
Agreement, We grant you a limited, non-exclusive, and
non-transferable license to download, install and use the
Application for your personal, non-commercial use on a mobile
device owned or otherwise controlled by you ("Mobile Device")
strictly in accordance with the Application's documentation
access, stream, download and use on such Mobile Device the
Content and Services made available in or otherwise accessible
through the Application, strictly in accordance with this
Agreement and the Terms of Use applicable to such Content and
Services as set forth in.
License Restrictions.
Licensee shall not: copy the Application, except as expressly
permitted by this license; modify, translate, adapt or otherwise
create derivative works or improvements, whether or not
patentable, of the Application; reverse engineer disassemble,
decompile, decode or otherwise attempt to derive or gain access
to the source code of the Application or any part thereof;
remove, delete, alter or obscure any trademarks or any
copyright, trademark, patent or other intellectual property or
proprietary rights notices from the Application, including any
copy thereof; rent, lease, lend, sell, sublicense, assign,
distribute, publish, transfer or otherwise make available the
Application or any features or functionality of the Application,
to any third party for any reason, including by making the
Application available on a network where it is capable of being
accessed by more than one device at any time; remove, disable,
circumvent or otherwise create or implement any workaround to
any copy protection, rights management or security features in
or protecting the Application; or use the Application in, or in
association with, the design, construction, maintenance or
operation of any hazardous environments or systems, including
any power generation systems; aircraft navigation or
communication systems, air traffic control systems or any other
transport management systems; safety-critical applications,
including medical or life-support systems, vehicle operation
applications or any police, fire or other safety response
systems; and military or aerospace applications, weapons systems
or environments.
Reservation of Rights. You acknowledge and agree that the
Application is provided under license, and will be used by you.
You do not acquire any ownership interest in the Application
under this Agreement, or any other rights thereto other than to
use the Application in accordance with the license granted, and
subject to all terms, conditions, and restrictions, under this
Agreement. Company and its licensors and service providers
reserve and shall retain their entire right, title, and interest
in and to the Application, including all copyrights, trademarks,
and other intellectual property rights therein or relating
thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that
when you download, install or use the Application, By
downloading, installing, using, and providing information to or
through this Application, you consent to all actions taken by us
with respect to your information in compliance with the Privacy
Policy.
Content and Services. Your access to and use of
such Content and Services may require you to acknowledge your
acceptance of such Terms of Use and Privacy Policy and/or to
register with the App and your failure to do so may restrict you
from accessing or using certain of the Application's features
and functionality. Any violation of such Terms of Use will also
be deemed a violation of this Agreement. Geographic
Restrictions. You acknowledge that you may not be able to access
all or some of the Content and Services from certain countries
and that access thereto may not be legal by certain persons or
in certain countries. If you access the Content and Services,
you are responsible for compliance with local laws. Updates.
Company may from time to time in its sole discretion develop and
provide Application updates, which may include upgrades, bug
fixes, patches, and other error corrections and/or new features
(collectively, including related documentation, "Updates").
Updates may also modify or delete in their entirety certain
features and functionality. You agree that the Company has no
obligation to provide any Updates or to continue to provide or
enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is
connected to the internet either: the application will
automatically download and install all available Updates, or you
may receive notice of or be prompted to download and install
available Updates. You shall promptly download and install all
Updates and acknowledge and agree that the Application or
portions thereof may not properly operate should you fail to do
so. You further agree that all Updates will be deemed part of
the Application and be subject to all terms and conditions of
this Agreement.Term and Termination. You may terminate this
Agreement by deleting the Application and all copies thereof
from your Mobile Device.
Company may terminate this Agreement at any time without notice
if it ceases to support the Application, which Company may do in
its sole discretion or in the for OTHER TERMINATION EVENTS. In
addition, this Agreement will terminate immediately and
automatically without any notice if you violate any of the terms
and conditions of this Agreement. Upon termination: all rights
granted to you under this Agreement will also terminate, and you
must cease all use of the Application and delete all copies of
the Application from your Mobile Device and account. Termination
will not limit any of the Company's rights or remedies at law or
in equity. Disclaimer of Warranties.
THE APPLICATION
IS PROVIDED TO THE LICENSEE "AS IS" AND WITH ALL FAULTS AND
DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF
AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE
LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE
PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES
NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY
KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER
SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR
BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE
CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS
ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE
STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES,
OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE
PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR
USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND
SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST
PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA,
LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR
MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN
AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY
YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY
WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER
SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE
LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold
harmless the Company and its officers, directors, employees,
agents, affiliates, successors, and assigns from and against any
and all losses, damages, liabilities, deficiencies, claims,
actions, judgments, settlements, interest, awards, penalties,
fines, costs, or expenses of whatever kind, including reasonable
attorneys' fees, arising from or relating to your use or misuse
of the Application or your breach of this Agreement.
Furthermore, you agree that the Company assumes no
responsibility for the content you submit or make available
through this Application. Export Regulation.
The
Application may be subject to export control laws. You shall
not, directly or indirectly, export, re-export, or release the
Application to, or make the Application accessible from, any
jurisdiction or country to which export, re-export, or release
is prohibited by law, rule, or regulation. Severability.
If any provision of this Agreement is illegal or
unenforceable under applicable law, the remainder of the
provision will be amended to achieve as closely as possible the
effect of the original term, and all other provisions of this
Agreement will continue in full force and effect. Governing Law.
This Agreement is governed by and construed in accordance with
the internal laws without giving effect to any choice or
conflict of law provision or rule. Any legal suit, action, or
proceeding arising out of or related to this Agreement or the
Application shall be instituted exclusively in the courts of
England. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to the venue in such
courts. Limitation of Time to File Claims.
ANY CAUSE
OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Entire
Agreement.
This Terms and Conditions and Privacy Policy
constitute the entire agreement between you and Company with
respect to the Application and supersede all prior or
contemporaneous understandings and agreements, whether written
or oral, with respect to the Application. Waiver. No failure to
exercise and no delay in exercising, on the part of either
party, any right or any power hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any
right or power hereunder preclude further exercise of that or
any other right hereunder. In the event of a conflict between
this terms and conditions and the Privacy Policy and any
applicable purchase or other terms, the terms of this Agreement
and Privacy Policy shall govern. Contact Information. If You
have any questions regarding this terms and conditions and
Privacy Policy, please contact us.