Last Updated: September 24, 2020.
Straiton Limited («Straiton Limited») is pleased to provide you its mobile applications (each, an «App,» and collectively, the «Apps») a list of which is available at email@example.com. PLEASE READ THIS END-USER LICENSE AGREEMENT («EULA») CAREFULLY BEFORE ACCESSING OR USING ANY APPS. This EULA governs your use of the Apps and how we provide the Apps.
TABLE OF CONTENTS:
B. Age Requirement
C. License to Use Apps
D. Grant of Rights
E. App Functionality
F. Third-Party Partners
H. Registration and Passwords
J. Consent to Use of Data and User Reviews
K. Intellectual Property
N. Disclaimer of Warranty
O. Limitation of Liability
Q. Export Controls
R. Jurisdictional Issues and Misc.
S. How to Contact Us
T. Supplemental Terms: Stock Images Apps; Apple App Store; Windows Phone Store
This EULA (including the Supplemental Terms, as applicable) which governs your use of the Apps is a legal agreement between (1) you and (2) Straiton Limited, a company with office 11, 1st Floor, Alpha Tower,Pavlou Nirvana-Aipeias Street 3021, Limassol-Cyprus The terms “Straiton Limited», «we», «us» or “our“ used in this EULA refer to Straiton Limited. By installing or otherwise using the Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the App shall constitute reasonable means. Your continued use of the Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at firstname.lastname@example.org. Do not use the Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, 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.
B. AGE REQUIREMENT:
You must be 13 years of age (or 16 in the EEA) or older to install or to use the Apps. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the Apps or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Apps, please contact us at email@example.com
C. GRANT OF LICENSE:
Subject to your compliance with the terms and conditions of this EULA, Straiton Limited grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Apps or use the Apps for the benefit of any third party. Unless expressly authorized by Straiton Limited or permitted under the applicable mobile platform terms, you are prohibited from making the Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Apps, except to remove our Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Apps in any way. You do not have the right to and may not create derivative works of any Apps or any portions thereof. All modifications or enhancements to the Apps remain the sole property of Straiton Limited.
2. Apps Updates. We reserve the right to add or remove features or functions to existing Apps. When installed on your mobile device, the Apps periodically communicate with our servers. We may require the updating of the Apps on your mobile device when we release a new version of the Apps, or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Apps may be ended upon the availability of updates, supplements or subsequent versions of the Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Apps. If you access an App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Apps from your device. Downloading, installing or using certain Apps may be prohibited or restricted by your network provider and not all Apps may work with your network provider or device. Straiton Limited makes no representation that the Apps can be accessed on all devices or wireless service plans. Straiton Limited makes no representation that the Apps are available in all languages or that the Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
(A) Where you purchase from a third party: Certain Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
(B) Where you purchase from Straiton Limited directly: Please note and acknowledge: if you are resident in the European Union and download an App from Straiton Limited directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds from the relevant section of the Straiton Limited website.
5. Subscription Services. Certain Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 («Trial Periods«) for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 («Purchases & Cancellation Rights«) for further information.
6. Trial Periods. Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
7. Online Dispute Resolution. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: firstname.lastname@example.org
E. APP FUNCTIONALITY:
Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the «App Functions«). The App Functions are provided by Straiton Limited and third party suppliers who offer content and/or services in conjunction with or through the Apps (the «Third Party Partners«). Some App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Straiton Limited, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any App.
F. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. The Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Apps may provide access or links to Third Party Partner websites or resources.Straiton Limited has no control over such websites and resources, and you acknowledge and agree that Straiton Limited is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Straiton Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Straiton Limited will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials («Content«) made available or accessible through an App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Straiton Limited be liable in any way for any Content created by or originating with entities other than Straiton Limited, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an App.
Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the Apps and any information you download or offer to share by means of an App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Straiton Limited shall not be liable for any unauthorized access to your mobile device or the app data thereon.
1. Registration. Most Apps will not require a registration: however, some Apps may permit or require you to create an account to participate or access additional features or functionalities («Registration«). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner’s website for their policies.
I. UNINSTALL/REMOVAL OF AN APP:
Uninstallation and removal methods vary depending on your device. To uninstall and remove the Apps, please use the application manager provided with your device or consult your device manual for reference.
J. CONSENT TO USE OF DATA AND USER REVIEWS:
If you choose to provide app store reviews or reviews via any social medial channel, or other similar communication or messaging features or services, you hereby consent to Straiton Limited use of such app reviews, including the public-facing username as it appears with the review in Straiton Limited public-facing promotional or marketing materials. If you prefer that we do not use your app reviews for promotional purposes, you will be able to elect for us not to do so by submitting your request email@example.com (please include your name, mailing address, and email address). For security purposes, please do not include any password, social security number, payment card or other sensitive information via these features. We have the right, but not the obligation to monitor messages and communications between and among users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
K. INTELLECTUAL PROPERTY:
The Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Straiton Limited are Straiton Limited property or the property of Straiton Limited licensors or Third Party Partners, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. «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. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Apps. All rights not expressly granted hereunder are expressly reserved to Straiton Limited and its licensors. The Straiton Limited name, logos and affiliated properties are the exclusive property of Straiton Limited or its affiliates. All other trademarks appearing on any App are trademarks of their respective owners, and the use of such trademarks shall insure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. Straiton Limited respects and expects its users to respect the rights of copyright holders. On notice, Straiton Limited will act appropriately to remove content that infringes the copyright rights of others. Straiton Limited reserves the right to disable the access to Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an App, or elements, infringe your copyright rights, Please contact Straiton Limited Copyright Agent at:
Office 11, 1st Floor, Alpha Tower
Pavlou Nirvana-Aipeias Street
Please ensure your communication includes the following:
3. Objectionable Content. Straiton Limited may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Straiton Limited sole discretion. «Objectionable Content» includes, but is not limited to:
4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may, but are not obligated to, monitor Content submission through the Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Straiton Limited, its users, or members of the public or (v) to report a crime or other offensive behaviour.
5. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the «Submissions»), such Submissions shall be deemed, and shall remain, the property of Straiton Limited. None of the Submissions shall be subject to any obligation of confidence on the part of Straiton Limited, and Straiton Limited shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Straiton Limited shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to Straiton Limited all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of Straiton Limited and its assignees, licensees and designees.
6. Repeat Infringer Policy. Straiton Limited may terminate a user’s access to the App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from Straiton Limited if you fail to comply with any of the terms and conditions of this EULA. You understand that Straiton Limited, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any Apps at any time. Further,Straiton Limited, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that Straiton Limited shall not be liable to you or any third-party for any termination or disabling of the Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the Apps and destroy all copies of Apps in your possession or control. Termination will not limit any of Straiton Limited other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
N. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL APPS ARE PROVIDED ON AN «AS IS,» «WITH ALL FAULTS,» AND «AS AVAILABLE» BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, STRAITON LIMITED, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE STRAITON LIMITED PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPS WILL MEET YOUR EXPECTATIONS. STRAITON LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPS REMAINS SOLELY WITH YOU.
STRAITON LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NOTICE REGARDING CALL RECORDING FEATURE: Certain Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties’ consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. IN NO EVENT SHALL STRAITON LIMITED BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO RECORDING.
O. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STRAITON LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STRAITON LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APPS. IN NO EVENT SHALL STRAITON LIMITED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STRAITON LIMITED, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY STRAITON LIMITED OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Q. EXPORT CONTROLS:
The Apps and the underlying information and technology are subject to Cyprus and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
R. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
Straiton Limited does not represent or warrant that the Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Cyprus, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Ireland, with respect to all matters arising out of or relating to this EULA.
No failure or delay by Straiton Limited in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
S. HOW TO CONTACT US.
If you have any questions about this EULA, please contact us by email or postal mail as follows:
Office 11, 1st Floor, Alpha Tower
Pavlou Nirvana-Aipeias Street
T. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of Apps, as applicable:
Apps Incorporating Getty Images:
By utilizing these Apps, you specifically acknowledge and agree that:
1. You may only use the Images as enabled by Apps, for display in digital form.
2. You may not sell or re-sell the Images, and may not modify or re-use the Images, except as enabled by the Apps.
3. Images may not be used:
a. for pornographic, defamatory or other unlawful purposes;
b. for the purpose of enabling file-sharing of the image file; or
c. in logos, trademarks, services marks or any other branding or identifiers.
4. If you use Images featuring an individual(s) in connection with a sensitive, unflattering or controversial subject, you must include a statement that the Image is used for illustrative purposes only and the individual is a model.
5. You may not remove any metadata in the Images, or reverse engineer, decompile, or disassemble the Apps to enable the download or use of the Images on a stand-alone basis.
6. No ownership or copyrights to the Images are granted to you.
Apple App Store: By accessing the App through a device made by Apple, Inc. («Apple»), you specifically acknowledge and agree that:
1. This EULA is between Straiton Limited and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
3. Apple is not responsible for App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
4. Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
5. In the event of any third party claim that the App or your possession and use of the App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
6. 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 hereof.
8. Straiton Limited expressly authorizes use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.