END USER LICENSE AGREEMENT
Definitions
In
this EULA the following definitions, when capitalized, shall have the
following meanings:
Apple –
means Apple, Inc., any parent or group company or any successor
thereof which operates the Apple mobile platform currently called
“App Store”.
Apps –
means Our mobile applications and any services provided through the
Apps. It is a part of the Services which We provide to You. A
complete list of the Apps can be found at http://grendstrond.org/
Company
(or “GREDSTROND LIMITED”, “We”, “Us”, “Our”) –
means GREDSTROND LIMITED, the company registered in Cyprus,
registration number HE404008, having registered office
113 ARCH. MKARIOU III, 1ST FLOOR,
Limassol, Cyprus
Content –
means all kinds of content, including, but not limited to
information, data, text, articles, links, software, sound, music,
photographs, graphic or video messages, tags or other materials
uploaded, communicated, transmitted or otherwise made available or
accessible via Our Services, whether publicly available or privately
transmitted by a Third Party Supplier, or contributed, submitted,
displayed or otherwise provided by You when using the Services, or as
a result of Your interaction with other user of the Services.
Device –
means an authorized smartphone or a tablet or other mobile device,
which You own or otherwise legally control solely for Your lawful,
personal, and non-commercial use.
EEA –
means the European Economic Area.
EULA –
means this End User License Agreement, which is the legal agreement
between You and Us, and together with all the related documentation
sets forth the terms and conditions governing the use of any of Our
Apps downloaded and installed by You or other related Services.
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.
Mobile
Platform –
means a platform operated by a third party (e.g. “App Store”
operated by Apple, or “Google Play” operated by Google), where
You may access and download the Apps to Your Device.
Open
Source Software –
means all or any portion of the App, which constitutes a
nonproprietary software or software provided under free public
license by third parties.
Policy –
means the privacy policy, which describes how We collect, use,
process, store and share information that We collect about You, and
which is incorporated here by this reference as a part of
EULA.
Representative –
means a parent, or a legal guardian, or other representative under
the applicable law of a person between 16 and 18 years of age.
Services –
means Apps and Our related services/products and websites, which You
download, install, use and/or visit.
Third
Party Suppliers –
means third party suppliers who offer Content and/or services in
conjunction with or through the Services.
Unacceptable
Content –
means any kind of content or behavior in connection with the use of
the Apps or Services that is either illegal or unacceptable under the
generally accepted moral rules including, but not limited to the
following examples: (i) engaging in or contributing to any illegal
activity or activity that violates others’ rights, (ii) content
that is or could be reasonably viewed as unlawful, harmful,
harassing, defamatory, libelous, obscene or otherwise objectionable
and unacceptable; (iii) providing information that is false,
misleading or inaccurate, (iv) disclosing of any personal or
proprietary information of another user or any other person or
otherwise invading other person privacy, (v) abuse, harassment,
stalking, threats, faming or intimidation of any person or
organization, (vi) profanity or use of derogatory, discriminatory,
hatred or excessively graphic language, (vii) any content that may
harm minors, (viii) disseminating or advocating in any way hate,
intolerance, discrimination, harm, racial or ethnic hatred, violence,
crime or war, (ix) offensive, vulgar, sexually explicit or
pornographic content, (x) promoting the use of alcohol, tobacco or
any narcotic or illegal substances, firearms (xi) transmitting
software viruses, worms or any other kind of harmful software, (xii)
unsolicited or unauthorized advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid
schemes", or any other form of solicitation, (xiii) hacking,
(xiv) infringing any Intellectual Property Rights, or unlawful
provision/disclosure of information (insider information,
confidential information, etc proprietary information), (xv) other
unacceptable content or behavior.
USA –
means the United States of America.
U.S.
Government –
means, the United States of America, its agencies and/or
instrumentalities.
You
(or “Your” or “User”) –
means the person, who uses Our Services under this EULA and whose
data is collected, stored, processed, used and shared according to
Our Policy.
Your
information –
means Your personal data and other related information further
described in more detailed in the Policy.
IMPORTANT
NOTICE FOR U.S. USERS REGARDING ARBITRATION: WHEN YOU AGREE TO THIS
EULA YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE
BETWEEN YOU AND GREDSTROND LIMITED THROUGH BINDING, INDIVIDUAL
ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY “DISPUTE
RESOLUTION FOR USERS IN THE UNITED STATES” BELOW FOR DETAILS
REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF
ARBITRATION).
About EULA and Us
-
GREDSTROND
is the developer of the Apps and related Services, which You are
about to download, install, access and/or use, whether on Your
Device, or on Our website or any other platform.
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This
EULA constitutes a legal agreement between You and GREDSTROND. It
contains important information about Your rights and obligations in
relation with the use of the Apps and related Services.
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Use
of Apps and related Services is also subject to Our Policy, which is
incorporated into this EULA by
this reference.
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If
You download, install, access or use Our Apps or related Services,
You hereby confirm Your consent to be bound by the terms and
conditions of this EULA, including the Policy. If
You do not agree with any of the terms and conditions of this EULA,
please, do not download, install, access or use the Apps or related
Services.
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By
installing, accessing or using our Apps or related Services You also
confirm that You are the owner of or otherwise legally use the
Device, and that You are at least 16 years of age and have a full
legal capacity to enter into this agreement. In case You are between
16 and 18 years of age, You hereby confirm, that Your Representative
has reviewed and agrees to the terms and conditions of this EULA and
allows You to access and/or use our Apps and related Services.
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You
can find the latest updated version of this EULA at any time at Our
website http://grendstrond.org/eula.html
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Our
Apps download/purchase page may contain certain additional terms,
conditions and requirements, which constitute a part of this EULA.
In case You download/purchase the Apps through the Mobile Platform,
please, review the terms and conditions of the owner of that
particular Mobile Platform, which may provide for certain additional
requirements applicable to the download of the Apps through that
Mobile Platform, its installation and use.
License to use Our
Apps and its limitations
-
We
hereby grant You a non-exclusive, personal, limited, revocable and
non-transferable license to access, download and use the Apps only
on Your Devices, provided You agree to comply with all the terms and
conditions of this EULA. Please, note, that the Apps is licensed,
not sold, to You. We own all rights, title and interest in and to
the Apps and reserve all rights not expressly granted to You in this
EULA.
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You
may not sell, resell, distribute, redistribute, rent, lease,
sublicense, assign, copy (except for a single backup copy), or in
any other way transfer or grant any rights to the Apps to any third
party. You may not distribute or make the Apps available over the
network where it could be downloaded or used by multiple devices at
the same time, except when it is expressly permitted under the
applicable Mobile Platform terms or authorized by Us.
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You
may not use any automatic or manual device or process to interfere
with the proper working of the Apps, except to remove Our Apps from
Your Device.
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You
may not decompile, disassemble, reverse engineer or create
derivative works of the Apps or any parts thereof. All modifications
or enhancements to the Apps remain the sole property of Us.
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Notwithstanding
the terms and conditions of this EULA, the Open Source Software is
licensed to You subject to the terms and conditions of the
respective software license agreements accompanying such Open Source
Software.
Installation,
access and using Our Services
-
You
are responsible for selection of the proper internet connection
and/or paying any related charges that You may incur for accessing
and/or using Our Services. For the exact amount of the charges,
service plans and other conditions of the wireless or data
connection services You shall enquire with Your mobile operator or
Your internet service provider before You access and/or use Our
Services. We make no representation that Our Services can be
accessed on all wireless service plans or at any particular
location.
-
We
make no representation that Our Apps can be used (including
availability and functioning of all features) and Our Services can
be accessed on any Device.
-
You
have to make sure before downloading the Apps that they are
available in any of the languages of Your preference. We make no
representation that the Apps are or will be available in all
languages.
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When
You purchase the Apps or related Services from a Mobile Platform,
including subscriptions and in-app purchases, the payment for such
purchases may be processed either by third parties on Our behalf, or
directly by the owner of the Mobile Platform. When purchasing the
Apps or related Services, including subscriptions and in-app
purchases, You agree that the digital content will be available to
You immediately, and acknowledge that You will lose Your rights to
the 14 days cancellation period and refunds available for EU and EEA
residents. If You download the Apps from a Mobile Platform owner,
before effecting the purchase from the Mobile Platform, please also
review and accept the terms and conditions of that Mobile Platform
owner with regard to Your rights to cancel orders and get related
refunds.
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Some
of Our apps may be available on a subscription basis. Subscriptions
may be weekly, monthly, tri-monthly, semi-annual, annual, or
seasonal. Payments for such subscriptions would be charged at Your
account at the confirmation of the purchase. They may be processed
by third parties acting on Our behalf, or by the Mobile Platform
owner. Subscription will automatically renew for the same price and
duration period as the original subscription package chosen by You,
unless You turn off the auto-renew: (i) in case of an Apple App
Store, at least 24-hours before the end of the current subscription
period, or (ii) in case of Google Play Store, at any time before the
end of the subscription period. Your account will be charged for
renewal within 24-hours prior to the end of the current subscription
period (Apple), or at the end of the subscription period (Google) at
the cost of the chosen package. You may manage subscriptions and
turn off auto-renewal by going to the user's account settings after
the purchase. You can cancel the subscription at any time and the
cancellation will take effect after the end of the last day of that
subscription period. Certain of Our subscription services may be
offered on a free trial basis for a certain period of time. You may
cancel a subscription during its free trial period via the
subscription setting through Your account. This must be done 24
hours before the end of the free trial subscription period (Apple),
or at any time before the end of the free trial subscription period
(Google), otherwise it will be renewed as a paid subscription.
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We
make no warranty or representation regarding the availability of Our
Services at any particular time or location. There may be times when
Our Services or any part of them are not available for technical or
maintenance related reasons, whether on a scheduled or unscheduled
basis.
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We
have no obligation to make available to You any updates, supplements
or subsequent versions of the Apps. We reserve the right to modify
or discontinue any part of the Services in Our sole discretion with
or without a prior notice. We may add or remove any features of
functions of Our Apps. If We release a new version of the Apps, or
make new features available, We may request You to update the Apps
installed on your Device. Such updates may occur automatically or
with the prior notice. In case of material updates, supplements or
new version of Apps, We may also ask You to review and accept Our
new EULA (applicable at that time) before You may install and start
using the updated or new version of the Apps. If
You do not agree with the terms and conditions of the new EULA, you
may not install or use the updated or new version of the Apps, and
You shall discontinue using the Apps or any related Services and
shall uninstall and remove the Apps from Your Device. Any
obligations We may have to support the previous versions of the Apps
will be ended upon the availability of material updates, supplements
or subsequent versions of the Apps.
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The
Apps may contain specific rules, controls and guidelines, which can
be found within the Apps themselves and which are related with the
use of the Apps. Such rules, controls and guidelines form a part of
this EULA and You agree that You shall comply with them.
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Functionality
features of the Apps may contain the data location function, which
is provided by the Third Party Supplier. This data location function
of the Apps is provided solely for the basic navigational purposes
that are needed for the due functioning of the Apps. Therefore, it
is neither the intention, nor the purpose of the Apps to be used as
any kind of navigational tool, where the precise location data may
be needed, and You shall be solely responsible for any injury,
damage or losses incurred due to such improper use of the Apps.
Neither Us, nor any Third Party Supplier gives any guarantee as to
the availability, timeliness, completeness, or accuracy of the
location data of the Apps.
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The
transmission of information over wireless and wired networks is not
inherently secure. We use many tools to help to protect Your
personal information against unauthorized access or disclosure,
however, We may not guarantee that Your personal information or
private communications will always remain private when using Our
Apps or related Services. You accept all responsibility for such
security risks and any damage that may result therefrom. It is also
Your sole responsibility to use all reasonable and recommended
measures (such as complex passwords, etc) in order to secure Your
Device from any unauthorized access.
Privacy
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Use
of the GREDSTROND Apps is subject to our Privacy
Policy,
which is hereby incorporated into this EULA by reference.
Content and user
conduct
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You
must comply with the laws that apply to You in the country of Your
residence and any other location where You download and install Our
Apps and/or access and use Our Services from. If any laws applicable
to You restrict or prohibit You from using Our Services, or any part
thereof (certain features, functionalities, etc.), You must comply
with those legal restrictions.
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It
is Your responsibility and obligation that all the Content You
provide Us on accessing and/or using Our Services is and shall
remain true, accurate and complete in all material respects and at
all times.
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You
understand and agree that all the Content that may be sent when
using Our Services, whether publicly posted or privately sent, is
the sole responsibility of the person that sent the Content. This
means that You, not Us, are entirely responsible for all Content
that You may upload, communicate, transmit or otherwise make
available via Our Services.
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It
is Your responsibility and obligation not to upload, communicate,
transmit or otherwise make available any Unacceptable Content. If
You are concerned that someone else uploads or otherwise provides
any Unacceptable Content, please, contact Us by email as
follows: [email protected].
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We
do not control the Content posted via Our Services by other people
and therefore We do not guarantee the accuracy, integrity or quality
of that Content. You understand that when using Our Services, You
may be exposed to Content that You may consider offensive, indecent
or objectionable. Under no circumstances will We be liable in any
way for any Content, including, but not limited to, any errors or
omissions in any Content, or any losses or harm of any kind
resulting from the use of any Content posted, emailed, transmitted
or otherwise made available via Our Services.
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We
have the right to remove any uploaded Content from Our Services if
we reasonably decide in Our sole discretion that it constitutes the
Unacceptable Content, or that it may bring Us or Our Services into
disrepute. You acknowledge that We may monitor the Content
contributed by people that use Our Services, however, We make no
undertaking to do so.
Links to Third
Party Suppliers, Content and services they provide
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We
may link or provide access to Third Party Suppliers websites or
services from Our Services, or Our Apps may be provided in
connection with the advertising, services and Content of Third Party
Suppliers. We are not responsible for the availability of such
websites or resources of the Third Party Suppliers, and We are not
responsible or liable for any Content, advertising, or services they
provide. Any Content, advertising or services by such Third Party
Suppliers are provided following the terms of services and privacy
policies to be found on the website of the respective Third Party
Supplier and, where applicable, You must familiarize Yourself and
accept the terms of services and privacy policies of such Third
Party Suppliers before using there services. We are not responsible
or liable, directly or indirectly, to You in relation to any losses,
damages or harm caused by or in connection with use of any such
Content or services by the Third Party Suppliers. Any additional
charges You may incur in relation to the use of the services by such
Third Party Suppliers is Your responsibility.
Intellectual
property
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You
acknowledge that all and any Intellectual Property Rights in and
relating to Our Services (other than certain rights to the Content,
which is contributed by You or other users of the Services), are
owned by or licensed to Us, including but not limited to
Intellectual Property Rights to all trademarks, design, text,
images, photographs, illustrations, audio or video clips, artwork,
graphic material, code, content, protocols, software, and
documentation provided to You in relation with the use of Our
Services. Intellectual Property Rights are protected by the
respective international, EU, US and other respective national
copyright, trademarks, patents and other proprietary rights and laws
relating to Intellectual Property Rights.
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You
further acknowledge and agree that, except to the limited license
expressly granted to You under this EULA, You shall have no other
rights, property or ownership interest to any of Our Services,
including without limitation Your accounts and any data associated
with Your accounts. You must not copy, distribute, make available to
the public or create any derivative work from Our Apps or related
Services or any part thereof unless We have first agreed to this in
writing.
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You
are solely responsible for any Content You contribute, submit,
display, share or otherwise provide on or through Your use of Our
Services. It is Your obligation to ensure that such Content does not
violate any copyright or other Intellectual Property Rights, and You
must either own or have a license to use any such Content. By
contributing, submitting, displaying, sharing or otherwise providing
Your Content via Our Services You: (a) are representing that You are
fully entitled to do so; (b) grant Us the non-exclusive,
irrevocable, worldwide, royalty free license to edit, adapt,
publish, reproduce, distribute, publicly display and use Your entry
(Content) and any derivative works We may create from it, in any and
all media (whether it exists now or in the future), for any purpose,
in perpetuity, without any payment to You; (c) acknowledge that You
may have what are known as "moral rights" in the Content,
for example the right to be named as the creator of Your entry,
etc., or any similar rights that may exist now or may be created in
the future, and You agree to waive any such moral or similar rights
You may have in the Content; (d) agree that We have no obligation to
monitor or protect Your rights in any Content that You may submit to
Us, and We shall not be liable for any use or disclosure of it; (e)
assume any and all risks in relation to the use of such Content by
any person, including any risks related to the disclosure of the
Content (Your entry) that could make You or any third parties
personally identifiable; (f) represent and warrant to us that such
content does not constitute an Unacceptable Content and in other
respects complies with the rules of section “Content and user
conduct” as set above by this EULA.
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If
You believe that your Intellectual Property Rights have been
infringed by someone else over the internet, You may contact Us by
emailing the following information to [email protected] : (a)
a description of the Intellectual Property Rights and an explanation
as to how they have been infringed; (b) a description of where the
infringing material is located; (c) Your address and email address;
(d) a statement by You, made under penalty of perjury, that (i) You
have a good-faith belief that the disputed use of material in which
You own Intellectual Property Rights is not authorized, and (ii) the
information that You are providing is accurate, correct, and that
You are the owner of the Intellectual Property Right, or authorized
to act on behalf of the owner of the Intellectual Property Right
that is allegedly infringed; and (e) a physical or electronic
signature of the person authorized to act on behalf of the owner of
the Intellectual Property Right that has allegedly been infringed.
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U.S.
GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed
entirely at private expense and are provided as "Commercial
Computer Software" or "restricted computer software".
Any use, duplication or disclosure by the U.S. Government or a U.S.
Government subcontractor is subject to the restrictions set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clauses in DFARS 252.227-7013 or as set forth in
subparagraph (c)(1) and (2) of the Commercial Computer Software
Restricted Rights clauses at FAR 52.227-19, as applicable.
Export controls
and legal compliance
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Any
download of Our Apps and use of Our Services shall be in compliance
with all relevant international, U.N., USA or EU sales, export or
import restrictions and regulations and You agree to comply with
them. You represent and warrant that You are not located in a
country that is subject to U.S. Government embargo, or that has been
designated by the U.S. Government as a „terrorist supporting”
country; and that You are not listed in any U.S. Government or EU
sanction list of prohibited or restricted parties and You comply
with relevant U.N. and EU sanctions and embargos.
Term, termination
and survival
-
The
license under this EULA is effective for an indefinite period of
time, until GREDSTROND LIMITED terminates it, or until You decide to
terminate it by uninstalling and discontinuing use of the Apps. The
EULA, Your rights and licenses hereunder will terminate
automatically without notice, if You fail to comply with any of the
provisions of this EULA. GREDSTROND LIMITED reserves the right to
suspend, discontinue, enhance, update or otherwise modify the Apps
(or any of its features or functionalities), or its availability to
You, at any time without notice. Upon termination of the license to
the Apps, You will cease all use of the Apps and related Services.
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All
provisions of this EULA with regard to Privacy, Intellectual
Property Rights, disclaimer of warranty, limitation of liability,
indemnification, applicable law and severability, waivers and
dispute resolution will survive the termination.
Disclaimer of
warranty
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THE
APPS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH
ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR
SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY THE APPLICABLE LAW, GREDSTROND LIMITED, ON BEHALF OF
ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD
PARTY SUPPLIERS AND OWNERS OF THE MOBILE PLATFORMS, EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY,
ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
PERFORMANCE. WITHOUT LIMITATION, GREDSTROND LIMITED MAKES NO WARRANTY
THAT THE APPS AND RELATED SERVICES AND THE QUALITY THEREOF WILL MEET
YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED,
TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED
OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE
APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR APPS
OR RELATED SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER
ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR
OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF
USE OF ANY CONTENT.
Limitation of
liability
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UNDER
NO CIRCUMSTANCES WILL GREDSTROND LIMITED OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY
LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE,
PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR
NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE THE APPS OR RELATED SERVICES, BREACH OF CONTRACT,
UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION
BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS EULA OR RELATED TO
YOUR USE OF THE APPS OR RELATED SERVICES, WHETHER IN CONTRACT OR
TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE APPS AND
RELATED SERVICES UNDER THIS EULA DURING THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES
AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY
REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
Indemnification
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TO
THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD GREDSTROND LIMITED, ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS
HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES,
LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED
TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF
YOUR USE OF THE APPS OR RELATED SERVICES, OR ANY KIND OF ALLEGED OR
ACTUAL BREACH BY YOU OF THIS EULA, OR ANY INFRINGEMENT BY YOU OR ANY
THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS
OF OTHER PERSONS.
Amendments
-
We
can make amendments to EULA from time to time. In case of material
amendments You will be also notified by an in-app message or by
e-mail. Your continued use of the Apps and Services after the EULA
has been amended shall mean that You accept the amendment to
EULA. If
You do not agree with any amendment to this EULA, You shall
discontinue using the Apps or any related Services and shall
uninstall and remove the Apps from Your Device. To
uninstall and remove the Apps, please use the application manager
provided with Your Device or consult Your Device manual for
reference.
Applicable law and
severability
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The
provisions of this EULA shall be governed by and construed in
accordance with the laws of the Republic of Cyprus.
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Depending
on the laws of Your jurisdiction (place of residence), You may have
certain rights that cannot be waived through this EULA and that are
in addition to the terms of this EULA, and certain provisions of
this EULA may be unenforceable as to You. To the extent that any
term or condition of this EULA is unenforceable, the remainder of
the EULA shall remain in full force and effect.
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If
any part of EULA is held to be invalid or unenforceable under any
applicable local laws or by an applicable court, that part shall be
interpreted in a manner consistent with applicable law to reflect as
nearly as possible Our original intentions and the remainder of the
EULA shall remain valid and enforceable. If it is not possible to
interpret an invalid or unenforceable part of this EULA in a manner
consistent with applicable law, then that part shall be deemed
deleted without affecting the remaining provisions of the EULA.
Waiver of Our
rights
-
Our
failure to exercise or enforce any of Our rights under EULA does not
waive Our right to enforce such right. Any waiver of such rights
shall only be effective if it is in writing and signed by Us.
Dispute resolution
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Most
concerns can be solved quickly by contacting Us at [email protected].
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In
the unlikely event that We cannot solve Your concern and You wish to
bring legal action against Us, then that dispute will be subject to
the jurisdiction of the courts of the Republic of Cyprus, unless you
are located in the United States and therefore section "Dispute
Resolution for Users in the United States" below applies.
Dispute resolution
for Users in the United States
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The
following terms of this section entitled "Dispute Resolution
for Users in the United States" apply if you reside in the
United States:
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(i). Mandatory
Arbitration of Disputes. We each agree that any dispute, claim or
controversy arising out of or relating to this EULA or the breach,
termination, enforcement, interpretation or validity thereof or the
use of the Services or Content (collectively, “Disputes”)
will be resolved solely
by binding, individual arbitration and not in a class,
representative or consolidated action or proceeding.
You and GREDSTROND LIMITED agree that the U.S. Federal Arbitration Act
governs the interpretation and enforcement of this EULA, and that
you and GREDSTROND LIMITED are each waiving the right to a trial by
jury or to participate in a class action. This arbitration provision
shall survive termination of this EULA.
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(ii). Exceptions
and Opt-out. As limited exceptions to subsection (a) above: (i) you
may seek to resolve a Dispute in small claims court If it qualifies;
and (ii) we each retain the right to seek injunctive or other
equitable relief from a court to prevent (or enjoin) the
infringement or misappropriation of our intellectual property
rights. In addition, you
will retain the right to opt out of arbitration entirely and
litigate any Dispute if
you provide us with written notice of your desire to do so by email
at [email protected] within
thirty (30) days following the date you first agree to this EULA.
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(iii). Conducting
Arbitration and Arbitration Rules. The arbitration will be conducted
by the American Arbitration Association (“AAA”)
under its Consumer Arbitration Rules (the “AAA
Rules”)
then in effect, except as modified by this EULA. The AAA Rules are
available at www.adr.org or by calling 1-800-778-7879. A party who
wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified
in the AAA Rules. The AAA provides a form Demand for Arbitration at
www.adr.org. If your claim is for U.S. $10,000 or less, you may
choose whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, through a telephonic or
video-conference hearing, or by an in-person hearing as established
by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a
hearing will be determined by the AAA Rules. Any arbitration
hearings will take place in the county (or parish) where you live,
unless we both agree to a different location. The parties agree that
the arbitrator shall have exclusive authority to decide all issues
relating to the interpretation, applicability, enforceability and
scope of this arbitration agreement.
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(iv). Arbitration
Costs. Payment of all filing, administration and arbitrator fees
will be governed by the AAA Rules. If we prevail in arbitration
we’ll pay all of our attorneys’ fees and costs and won’t seek
to recover them from you. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses to the extent
provided under applicable law.
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(v). Class
Action Waiver. YOU AND GREDSTROND LIMITED AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is
resolved through arbitration, the arbitrator may not consolidate
another person's claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding. If
this specific provision is found to be unenforceable, then the
entirety of this Dispute Resolution section shall be null and void.
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(vi). Severability.
With the exception of any of the provisions in the Class Action
Waiver described in subsection (e) of EULA, if an arbitrator or
court of competent jurisdiction decides that any part of this EULA
is invalid or unenforceable, the other parts of this EULA will still
apply.
Notice for Apple
Device users
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In
case You download, install or access the Apps or related Services
through Your Apple Device, You specifically acknowledge and agree
that the following additional terms shall apply (in case of conflict
between these additional terms in this section and other terms of
this EULA the terms of this section shall prevail):
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This
EULA is concluded between You and Us only, not with Apple, and Apple
is not responsible for the Apps, related Services, or the content
thereof;
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Apple
has no obligation whatsoever to furnish any maintenance and support
services with respect to the Apps;
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In
the event of any failure of the Apps to conform to any applicable
warranty, You may notify Apple and Apple will refund the purchase
price for the relevant Apps to You. To the maximum extent permitted
by applicable law, Apple has no other warranty obligation whatsoever
with respect to the Apps;
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Apple
is not responsible for addressing any claims by You or a third party
relating to the Apps or Your possession and/or use of the Apps,
including, but not limited to: (i) product liability claims; (ii)
any claim that the Apps fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer
protection, privacy or similar legislation;
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To
the extent We are required to provide indemnification by applicable
law, We and not Apple, shall be solely responsible for the
investigation, defense, settlement and discharge of any third party
claim that the Apps or Your possession and use of the Apps infringes
that third party‘s Intellectual Property Rights;
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Apple
and its subsidiaries are third party beneficiaries of this EULA and
upon Your acceptance of the terms and conditions of this EULA, Apple
will have the right (and will be deemed to have accepted the right)
to enforce this EULA against You as a third party beneficiary of
this EULA;
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GREDSTROND LIMITED authorizes the use of the Apps by multiple users through the
Family Sharing or any similar functionality provided by Apple.
Queries regarding
this EULA
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Should
you have any questions, complaints or claims regarding the terms and
conditions of this EULA, or any other queries, please, contact
Us by email as follows: [email protected]
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