This End-User License Agreement (“Terms of Use”) is a legal agreement between you and Publisher (“we”, “us” or “our”) which governs your use of our apps. By installing or otherwise using our app, you (a) agree to be bound by the terms and conditions of these Terms of Use, (b) you represent and warrant that you own or control the mobile device in which the app will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of these Terms of Use also apply to any app updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of these Terms of Use, do not install or use any app. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the app shall constitute reasonable means. Your continued use of our app after we post any amendments to these Terms of Use will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using our app. Do not use our app until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the Terms of Use.
A. NOTICE TO CONSUMERS
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through these Terms of Use and that are in addition to the terms of these Terms of Use, and certain provisions of these Terms of Use may be unenforceable as to you. To the extent that any term or condition of these Terms of Use is unenforceable, the remainder of the Terms of Use shall remain in full force and effect.
Use of our app is subject to our Privacy Policy, which is hereby incorporated into these Terms of Use by reference. These Terms of Use also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download our app. Our app may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of our app if you download or install our app through such marketplaces.
B. GRANT OF LICENSE
Subject to your compliance with the terms and conditions of these Terms of Use, Publisher grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of our app on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
C. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Restricted Use
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to our app or use our app for the benefit of any third party. Unless expressly authorized by Publisher or permitted under the applicable mobile platform terms, you are prohibited from making our app available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our app, except to remove our app from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any our app, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any our app in any way. You do not have the right to and may not create derivative works of any our app or any portions thereof. All modifications or enhancements to our app remain the sole property of Publisher.
Our App Updates
We reserve the right to add or remove features or functions to existing our app. When installed on your mobile device, our app periodically communicates with our servers. We may require the updating of our app on your mobile device when we release a new version of our app, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current Terms of Use before you will be permitted to use any subsequent versions of our app. You acknowledge and agree that any obligation we may have to support previous versions of our app may be ended upon the availability of updates, supplements or subsequent versions of our app. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of our app.
Access
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use our app. If you access an App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access our app from your device. Downloading, installing or using certain our app may be prohibited or restricted by your network provider and not all our apps may work with your network provider or device. Publisher makes no representation that our app can be accessed on all devices or wireless service plans. Publisher makes no representation that our app are available in all languages or that our app are appropriate or available for use in any particular location.
In-App Purchases & Cancellation Rights
Certain of our apps will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase, you:
(a) agree that we will supply you the purchased service or item immediately after you have confirmed the purchase in the app;
(b) if you reside in the European Union, you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the service or item; Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app;
and (c) acknowledge that, to the extent permitted by law, all sales are final and that Publisher is not required to provide a refund for any reason.
Subscription Services
Certain of our apps on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, trimonthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple).
The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
The payment will be charged to your iTunes Account when you confirm the purchase.
Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 (“Trial Periods“) for further information.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account (open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > the applicable app > Cancel Subscription button at the bottom). The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“In-App Purchases & Cancellation Rights“) for further information. If you want to know more about this, please go to http://support.apple.com/kb/ht4098. You can switch subscription plans anytime. Just open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > the applicable app > select the subscription plan you are after.
Any unused portion of a free trial period will be forfeited when the user purchases our subscription.
Trial Periods
Certain of our subscription services on the Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis.
You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes account.
Weekly free trial automatically converts to a paid weekly subscription unless auto-renew is turned off at least 24-hours before the end of the trial period. From that point onwards, subscription automatically renews unless auto-renew is turned off at least 24hours before the end of the current period.
Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple).
D. PUBLISHER’S APP FUNCTIONALITY
Our apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “App Functions”). The App Functions are provided by Publisher and third-party suppliers who offer content and/or services in conjunction with or through our app (the “Third-Party Partners”). App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Publisher, nor any of its Third-Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any app.
E. THIRD-PARTY PARTNERS
Third-Party Services and Content
Our app may integrate, be integrated into, be bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an app that includes third-party services and third-party content, such services and content are subject to such third parties’ terms of service and privacy policies, which may be found on the relevant Third-Party Partner’s website. Our app may provide access or links to Third-Party Partner websites or resources. Publisher has no control over such websites and resources, and you acknowledge and agree that Publisher is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Publisher will not be a party to or in any way be responsible for monitoring any transaction between you and Third-Party Partners.
Access to Third-Party Services and Content through Our App
All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through an App, whether publicly available or privately transmitted, are the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Publisher be liable in any way for any Content created by or originating with entities other than Publisher, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Publisher App.
F. SECURITY
Our app, like other consumer technologies, may not be 100% secure. By accepting these Terms of Use you acknowledge and accept that our app and any information you download or offer to share by means of a Publisher App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom.
G. UNINSTALLATION/REMOVAL OF OUR APP
Uninstallation and removal methods vary depending on your device. To uninstall and remove our app, please use the application manager provided with your device or consult your device manual for reference.
H. CONSENT TO USE OF DATA
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to our app. We may use this information in accordance with the Privacy Policy located here.
I. INTELLECTUAL PROPERTY
Our apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Publisher are Publisher’s property or the property of Publisher’s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third-Party Partners have placed on or within our app. All rights not expressly granted hereunder are expressly reserved to Publisher and its licensors.
The Publisher’s names, logos and affiliated properties, are the exclusive property of Publisher or its affiliates. All other trademarks appearing on any app are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Publisher App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
J. COPYRIGHT/SUBMISSIONS
You are solely responsible for any Content you contribute, submit or display on or through your use of the app(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
Publisher respects and expects its users to respect the rights of copyright holders. On notice, Publisher will act appropriately to remove content that infringes the copyright rights of others.
Publisher reserves the right to disable access to our apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.
Objectionable Content
Publisher may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Publisher’s sole discretion. “Objectionable Content” includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
Content that may harm minors in any way;
Content that has the goal or effect of “stalking” or otherwise harassing another;
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy;
Content that is vulgar, offensive, obscene or pornographic;
Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Content Screening and Disclosure
We do not, and cannot, prescreen or monitor all Content. However, our representatives may monitor Content submissions through our app, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms of Use; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Publisher, its users, or members of the public or (v) to report a crime or other offensive behaviour.
Ownership of Content You Submit
Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of our app. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our app. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of Publisher. None of the Submissions shall be subject to any obligation of confidence on the part of Publisher, and Publisher shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Publisher shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to Publisher all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of Publisher and its assignees, licensees and designees.
Repeat Infringer Policy
Publisher may terminate a user’s access to the apps if, under appropriate circumstances, the user is determined to be a repeat infringer.
No Intended Third Party Beneficiaries
Except as otherwise set forth herein, no third party is an intended beneficiary of these Terms of Use.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Publisher’s designated copyright agent via the applicable contact method:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
K. DISCLAIMER OF WARRANTY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL PUBLISHER’S APPS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, PUBLISHER, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER APPLICABLE SALE OF GOODS LEGISLATION, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, PUBLISHER MAKES NO WARRANTY THAT THE PUBLISHER’S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE PUBLISHER PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE PUBLISHER’S APPS WILL MEET YOUR EXPECTATIONS. PUBLISHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PUBLISHER’S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PUBLISHER’S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PUBLISHER’S APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PUBLISHER’S APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PUBLISHER’S APPS REMAINS SOLELY WITH YOU.
PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD-PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
L. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBLISHER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PUBLISHER’S APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE PUBLISHER’S APPS. IN NO EVENT SHALL PUBLISHER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PUBLISHER’S APPS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE PUBLISHER’S APPS, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
O. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS
Publisher does not represent or warrant that our apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of our apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Publisher’s jurisdiction, without regard to conflict of laws principles, shall govern all matters relating to or arising from these Terms of Use, and the use (or inability to use) our app. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of or relating to these Terms of Use.
No failure or delay by Publisher in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PUBLISHER’S APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.