Last Updated: 24th August 2017
2.2. You are not permitted to make the App available or to sell or rent the App to third parties. Nor are you permitted to, or to let others, remove or circumvent technical provisions intended to protect the App.
3. YOUR OBLIGATIONS
3.1. You agree to comply at all times with any instructions for use of the App which we make from time to time.
3.2. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
(a) is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
(b) is fraudulent, criminal or unlawful;
(c) is inaccurate or out-of-date;
(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
(e) impersonates any other person or body or misrepresents a relationship with any person or body;
(f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
(g) may be contrary to our interests;
(h) is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
(i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.4. You agree not to access without authority, interfere with, damage or disrupt:
(a) any part of the App;
(b) any equipment or network on which the App is stored;
(c) any software used in the provision of the App; or
(d) any equipment or network or software owned or used by any third party.
3.5. You must not without our permission:
(a) use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or
(b) frame any of the App onto your own or another person’s website or mobile application.
3.7. You must not:
(a) use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors;
(b) create or recreate the source code for the App, or re-engineer, reverse engineer, decompile or disassemble the App;
(c) modify, adapt, translate or create derivative works based upon the App, or combine or merge any part of the App with or into any other mobile application or program;
(d) refer to or otherwise use any part of the App as part of any effort either to develop a program having any functional attributes, visual expressions or other features similar to those of the App;
(e) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the App; or
(f) sell, market, license, sublicense, distribute or otherwise grant to any person, any right to use the App, whether on your behalf or otherwise.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. We are the sole and exclusive owner or the licensee of all intellectual property rights in the App. The “GiftLog” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors.
4.2. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the App are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
4.3. Nothing contained on the App should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the App without our written permission. Misuse of any trademarks or any other content displayed on the App is prohibited.
4.5. You hereby grant to us an irrevocable, perpetual, royalty-free, transferable right, without the payment of any royalties or other compensation of any kind and without the right of attribution, to use any material which you submit to us or the App for the purpose of use on the App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that we may modify your submission. You shall indemnify and defend us against any third-party claim asserting that you do not have the full legal right (including any moral rights) to grant to us such rights to use materials and/or that the materials in the form provided to us infringes upon any intellectual property rights.
5. YOUR REPRESENTATIONS AND WARRANTIES
5.1. You represent and warrant that:
(b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
6.1. You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
(a) your use of the App; and/or
7. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
7.1. We will use reasonable endeavours to correct any errors, faults or omissions regarding the App as soon as reasonably practicable after being notified of them. However, we do not guarantee that the App will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at email@example.com.
7.2. We reserve the right to change, modify, substitute, suspend or remove any information, material or services on the App from time to time and without notice. Your access to the App may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We reserve the right to withdraw any information, functionality or services from the App at any time.
7.3. We reserve the right at any time and without notice to block, suspend or terminate access to the App (or any part thereof). We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
8. SUSPENSION AND TERMINATION
8.3. Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to suspend the App, suspend your use of the App, and/or suspend the use of the App for persons we believe to be connected (in whatever manner) to you, if:
(c) we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.4. Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1. You assume all responsibility and risk with respect to your access and use of the App. The App is available on an “as is” and “as available” basis. We make no warranties or representations as to the accuracy, timeliness or completeness of the App or its services. You understand and agree that, to the fullest extent permitted by applicable law, we disclaim all representations and warranties, express or implied, relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability or non-infringement.
9.2. We do not warrant use of the App will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the App, or for acts of God or other force majeure events (including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities). We have no duty to update or modify the App and we are not liable for our failure to do so.
9.3. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.
9.5. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.
9.6. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
9.7. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
10. INFORMATION ABOUT YOU & YOUR USE OF THE APP
11. THIRD-PARTY SERVICES AND WEBSITES
11.1. We make no representations, warranties, terms or conditions nor shall we have any liability (whether in contract, tort, under statute or indemnities or otherwise, including negligence or fundamental breach) with respect to, any third-party products or services.
14. GOVERNING LAW AND JURISDICTION