1. This Agreement is between you and Licensor only, and the Licensor is solely responsible for the Product and its content.
2. Consent to Use of Data: You agree that Application Provider 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 the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
3. Limited License.
This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Age Restrictions.
By using the Product, you represent and warrant that (a) you are 13 years of age or older and you agree to be bound by this Agreement; (b) if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Product does not violate any applicable law or regulation. Your access to the Product may be terminated without warning if Application Provider believes, in its sole discretion, that you are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Product, you agree to be bound by this Agreement in respect to your child's use of the Product.
5. Objectionable Content Policy
Content may be submitted to Application Provider, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and Application Provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application Provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by the Application Provider or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
8. Maintenance and Support
The Application Provider does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, the Application Provider, not Services, shall be obligated to furnish any such maintenance or support.
9. Product Claims.
Application Provider, not the Services, is responsible for addressing any claims by you relating to the Product or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
10. Third Party Intellectual Property Claims.
Application Provider shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Product. To the extent Application Provider is required to provide indemnification by applicable law, Application Provider, not the Services, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Product or your use of it infringes any third party intellectual property right.