YOUR ACCESS TO THE APP
From time to time we may issue updates to the app. Depending on the update, you may not be able to use the app until you have downloaded and installed the latest version of the app and accepted any new terms. Some updates may not be available to certain models of device. In order to use the app, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the app will require certain software in order for the app to work correctly and it is your responsibility to ensure that you have the required up-to-date software, and (b) the app has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the functionality of the app meets your requirements.
PERMITTED USE AND RESTRICTIONS
YOUR PROMISES TO US
INTELLECTUAL PROPERTY RIGHTS
In the event that anyone brings a claim that the app or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defence, settlement and discharge of any such claim.
Whenever you make use of a feature that allows you to upload any content via the App, or to share any such content via the app (whether or not you enter the competition described above), you promise that any such content: (a)will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights or other rights of a third party, (c) will comply with applicable law (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Any content you upload to the app and any feedback or suggestions you provide to us regarding the app will be considered non-confidential and non-proprietary, and you hereby grant, and you represent and warrant that you have the right to grant, to us a nonexclusive, worldwide, and irrevocable license to use, copy, distribute and disclose it to third parties for any purpose without limit in time and without payment to you.
THIRD PARTY SITES AND SERVICES
The app may contains links to other third party websites and services including through advertising and social media tools and widgets such as those provided by Facebook and Twitter. The third party sites and services are provided for your convenience only. You acknowledge that we have no control over them and are not responsible for their contents and/or availability.
We do not endorse the content or other material contained in the third party sites and services and have no association with their operators. Your use of the third party sites and services will be governed by their terms and conditions and privacy policies (if any).
DISCLAIMER AND LIMITATION OF LIABILITY
We provide the app on an “as is” and “as available” basis. We make no guarantee that the app will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.
We also make no promises or guarantees, whether express or implied, that the content in the app is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the app, whether express or implied, including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose.
We do not accept any liability or responsibility for any loss (howsoever caused) arising out of or in connection with (a) any damage to your device, or (b) any reliance placed on any content displayed on the app.
To the extent permitted by law, in no event shall we be liable for any loss or liability you may suffer arising out of or in connection with your use of the app, whether in an action in contract, tort (including but not limited to negligence) or otherwise.
Subject to the foregoing, our maximum total liability under or in connection with these terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the total amount paid by you to us as part of your use of the app.
Nothing in these terms will limit or exclude our liability for (a) death or personal injury resulting from our negligence, (b) fraud or fraudulent misrepresentation, and/or (c) any other liability that cannot be legally excluded or limited. Furthermore, nothing in these terms restricts your legal rights as a consumer.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the app and/or your access to it at any time with or without notice to you: (a) if required by law, (b) due to an event beyond our control, or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
COMMUNICATION BETWEEN US
OTHER IMPORTANT TERMS
Orlebar Brown Limited Registered Office Address: 5th Floor Kinnaird House, 1 Pall Mall East, London, SW1Y 5AU Company No: 5502027 VAT No: 872512034 Contact email address: email@example.com