Terms & Conditions
Privacy Policy

Terms of Use

 

To begin, “we”, “I’,  “our”, “us”, “creator(s),” mean Rochester Reynolds, third parties, and friends and family that help to build this “work”, “content”, “application”, “software”, “product” (all of these terms are equivalent) and all of its digital and tangible content. These are our terms for the use of our website and our services, and all content. The website and the services may  or may not be related to the application licensed to you by us. You accept these terms and in return are granted a license to use the products and services (this license is further explained in section concerning intellectual property. In the event that this agreement is updated we will do our best to keep you informed of all changes. This document is constructed to protect the creators of the content.

 

License

You are able to use the software, or services.

You may use our Application on various operating systems (OS) and devices.

The license to the Application granted under these Terms is personal to you and you are not allowed to share your license with another person.

 

We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Application in accordance with these Terms. The license is effective until these Terms are terminated by you or us by canceling your subscription, or you uninstall the software, or end using the software.

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The Application is available for download from our website or certain other third party app store providers, including:

• Apple App Store

• Apple Mac Store

• Microsoft Store

When you download and access the Application, you may be asked to create an account. You must provide us with accurate, complete and up-to-date information. You must contact us promptly to inform us of all changes to this information. In the future, you may be asked to provide additional registration details.

When we make the functionality available, you may also Synchronize the data you upload or create while using our Application so that it is available in the cloud and across your different devices which are compatible with the Application.

 

 

 

Intellectual property

 

We own all rights, title, and interest in and to the Services.

 We reserve all rights to this software and all software products and services provided by us that are granted in these Terms.

Nothing in these Terms will be interpreted in anyway that we are granting you any property rights in the Application or to any invention or any patent, copyright, trademark, or other intellectual property right that has been issued, or that may be issued, based on the Application. Simply put you agree that the products and services belong to us, and we are not sharing its ownership with you.

The Application is licensed, not sold.

The content, any materials downloaded and all intellectual property related to or in the Services - including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks - are owned by us or third parties who have granted us the rights to use them.

All rights, title, and interest in these remain the property of us and/or such third party owners. All content is protected by intellectual property laws.

You will retain ownership of your User Content, but you grant us a non-exclusive, royalty-free, worldwide license to use your User Content only for the following purposes:

 

• to provide you access to the Services and corresponding services.

• to maintain the Services in working order

• to comply with any legal requirements or governmental requests

• in respect of synchronized User Content, when you explicitly authorize us to do so for purposes we share with you

• to conduct research into understanding how the Services are used so we can continue to make them better.

You will not, nor allow anyone else, to use your account or the services to:

• commit any crime or violate any laws.

• access or attempt to access any Service which you have not subscribed to.

• interfere with or disrupt the provision of any Service or use any Service in a way that interferes with anyone else use of any Service.

• further any criminal or fraudulent activity or to impersonate another person.

• breach the rights of any person (including, but not limited to rights of privacy and intellectual property rights).

• transmit, distribute, link to or otherwise make available, advertise or promote any content that is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciting of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable.

• transmit or distribute any virus and/or other code that has contaminating or destructive elements.

• store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website.

• Whilst we do not pre-screen Synchronized User Content, we reserve the right to delete, edit or modify any Synchronized User Content created by you at any time without notice.

 

Warranties

 

Nothing in these Terms limits your rights under law.

You use the Services at your sole risk. The Services are provided "as is" and "as available". To the extent permissible by law, we disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of satisfactory quality, fitness for a particular purpose, and non-infringement.

There may be times when certain features, parts or content of the Services, or all of the Services, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion. We will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Services, unless, in our reasonable opinion, this fundamentally undermines your access to, or use of, a subscription that you have paid for, in which case we will determine an appropriate remedy. 

 

Liability

 

Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable for any incidental, special, indirect, consequential or business losses, including, without limitation, loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed, in respect of any 12-month period (calculated from the date of entry into a paid subscription), exceed the charges payable by you for the relevant paid subscription in that 12-month.

 

Indemnification

 

You indemnify, defend, and hold harmless us, our affiliates, employees, agents, partners, representatives, and licensors from and against all losses, expenses, damages, and costs, due to, arising out of, or relating in any way to:

• any violation of these Terms (including negligent or wrongful conduct) by you,

• your access to or use of the Services, or

• information provided by you.

You agree to fully cooperate at your expense as reasonably required by us. We may assume the defense and control of any matter for which we’re indemnified hereunder. You shall not settle any matter involving us without our consent.

 

General

 

You may not transfer or assign any or all of your rights or obligations under these Terms.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

The Terms constitute the entire agreement between you and us and governs your use of our services, superseding any prior agreements.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Additional terms from Apple Inc.

 

If the Application that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):

• Acknowledgement. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Application and its content.

• Scope of license. The license granted to you for the Application is limited to a non-transferable license to use the Application on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

• Maintenance and support. As between Apple and us, we are solely responsible for providing maintenance and support services, if any, with respect to the Application, as specified in these Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

• Warranty. As between Apple and us, we are solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will, if relevant, refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

• Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• Intellectual property rights. You and we acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third partys intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

• Legal compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

• Developer name and address. We may be contacted in connection with any questions, complaints or claims with respect to the Application, as set out under feedback & support above.

• Third party terms of agreement. You must comply with any other terms applicable to your use of this Application. 

Third party beneficiary. You and we acknowledge and agree that Apple, and Apple subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

 

Governing law & jurisdiction

 

The laws of England govern these Terms and your use of the Services. If you are a consumer and not a business user, and you live in the United Kingdom or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms will only be dealt with by the English courts. If you are a consumer and not a business user, and you live in the United Kingdom or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

 

Updates

 

We reserve the right to update the website, the Application, and these Terms from time to time. We'll inform you of any changes to the terms prior to them being adopted, except if we need to do so for security, legal or regulatory reasons. Your continued use of the Services following the publishing of updated Terms means that you accept the changes.

If you are using our Services as an organization, rather than in your personal individual capacity, you must have the right to bind the legal entity or organization on whose behalf you are accessing the Services.