END-USER LICENSE AGREEMENT ("EULA") – URVIBES™
DATE OF LAST REVISION: 19 SEPTEMBER 2014
PLEASE READ THIS EULA CAREFULLY BEFORE PURCHASING THE APP. THIS EULA SETS OUT HOW THE APP IS LICENSED TO YOU TO USE.
1.1 This app and any accompanying online or electronic documentation supplied by us ("Urvibes") has been produced by and is the property of Urvibes S.A.R.L. ("Urvibes"). Urvibes is referred to as "us", "we", and "our" in this EULA.
1.2 Our office is at 30 rue Moret, Paris, 75011, France. We are a company in France. We are currently registering our company and will communicate our company number shortly.
1.3 You can contact us via email at firstname.lastname@example.org.
1.4 THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU ("you") AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF URVIBES SO PLEASE READ THIS CAREFULLY.
1.5 BY DOWNLOADING AND USING URVIBES YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE URVIBES.
2. IMPORTANT TERMS
2.1 ALL USE OF URVIBES AND OUR DOCUMENTATION IS SOLEY FOR USE BY USERS IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF URVIBES NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2 The EULA limits URVIBES’S liability AS IS set out in SECTION 15 (Disclaimer and Limitation of Liability) below.
2.3 URVIBES IS NOT MADE AVAILABLE FOR USERS UNDER THE AGE of 18 AND IF YOU ARE UNDER 18 YEARS OF AGE YOU SHOULD NOT DOWNLOAD OR USE URVIBES.
2.4 your use of URVIBES requires you to have an apple itunes account. your access to URVIBES will be linked to your apple account and you are required to comply with the apple policies to use URVIBES, including for any in app payments.
3. ABOUT URVIBES
3.1 Urvibes is a social community app that allows you to amongst other things, create your own publically available profile and inform other users about live events by posting photographs and videos. All information which you upload is publically accessible by other users of Urvibes.
3.2 We intend to roll out further functionality in Urvibes, for example to send you details of discounts and vouchers that may be of interest to you based on your location, your profile information and your use of Urvibes generally. We will notify you when this functionality or any other functionality is due to become available.
3.4 By agreeing to this EULA and using Urvibes we may provide you with certain functionality and services from time to time. You will be required to create an account to use Urvibes using our sign up service or using Facebook Connect.
4. SIGN UP SERVICES
4.1 We have created a secure sign up service to allow you to create a profile on Urvibes. You can also use the Facebook Connect login system. This is done by us so that you use a secure login service which you are familiar with when you create an account on Urvibes.
4.2 Using your Facebook account will also allow us to access certain profile information from your Facebook account which we use to create your profile on Urvibes, and you consent to this use by granting us access. You confirm that any information you provide us to create your account is truthful and accurate.
4.3 Please think carefully about the type of information that you want to make publically available via Urvibes from our sign up service or your Facebook account, and which will include (if available) you full name, email address, date of birth, and profile picture,
4.4 You may not create an account on Urvibes where you:
4.4.1 provide false information to us (including false usernames), or
4.4.2 to impersonate any other person; or
4.4.3 create a user name that is, in our opinion, distasteful, obscene or otherwise unlawful.
5. APP DEVELOPER TERMS FOR IOS APP
The following terms of this clause 5 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using Urvibes:
You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, ("Apple"). You also acknowledge that we are solely responsible for Urvibes and the content thereof.
5.2 Grant of Licence
Subject to your compliance with all conditions of this EULA we grant you a non-exclusive, personal, non-commercial, revocable, non-transferable license to use Urvibes on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (http://www.apple.com/uk/legal/terms/).
5.3 Maintenance and support
We are solely responsible for providing support and maintenance for Urvibes. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Urvibes.
5.4 Product claims
You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to Urvibes or your possession and/or use of Urvibes, including but not limited to: (i) product liability claims; (ii) any claim that Urvibes fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5.5 Intellectual Property Rights
You acknowledge that in the event of a third party claim that Urvibes or your possession and use of Urvibes infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
5.6 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
5.7 Third Party Beneficiary
You acknowledge and agree that Apple are third party’s beneficiaries of this EULA, and that when you accept 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 thereof.
5.8 Third Party Terms of Agreement:
6. YOUR USE OF URVIBES
6.2 By downloading, installing and using Urvibes, you confirm that you are over 18 years of age.
6.3 Subject to the privacy settings in Urvibes as set by you, we may send you push notifications to your iOS device whilst Urvibes is installed and including whilst Urvibes is not running in the foreground or in the background.
6.4 You acknowledge that we have no control over how other users use Urvibes and therefore we have no control over the quality of information posted on the service. Accordingly we give no warranties or representations with respect of the accuracy or reliability of any content made available via Urvibes and the service generally.
7. OWNERSHIP OF URVIBES
7.1 All intellectual property in Urvibes (except for User Generated Content) is owned by us and/or our licensors.
7.2 ‘Urvibes’ is an unregistered trade mark belonging to us. All rights are reserved by us in the trade mark.
7.3 All intellectual property rights in Urvibes and content on Urvibes (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belongs to us and/or our licensors. All rights reserved.
7.4 If you are a rights owner (or agent acting for a rights owner) and believe that any content made available through Urvibes infringes your intellectual property rights and you wish us to remove it or suspend/disable access to it, please send a notice by email to email@example.com with "Notice & Takedown" in the email subject line. In your email you must set out the following information:
7.4.1 Details of the content you claim is infringed, together which sufficient information for us to identify the content within Urvibes;
7.4.2 Sufficient contact information (including email and telephone number) for us to contact you to discuss your claim;
7.4.3 A statement that: you are the rights holder, or duly authorised by the rights holder to act on their behalf; that you believe in good faith that the use of the content complained of is not authorised by you or the rights owner; that the information you supply in your notice is true.
8. LINKS TO WEBSITES
9. USER GENERATED CONTENT
9.1 Users may post User Generated Content via Urvibes for other users to view. We give no guarantees that any such content is accurate or truthful, and your use of Urvibes is at your sole risk. Please use your discretion before relying on any information posted on Urvibes.
9.2 To the extent that Urvibes allows you to upload any text, images, videos or other content and information to our servers ("User Generated Content"), then you hereby grant us a non-exclusive, royalty free, worldwide and sublicenseable, and transferable right to copy, adapt, modify and use the User Generated Content as part of Urvibes generally, and you acknowledge that we may make the User Generated Content available to other users of Urvibes.
9.3 You confirm that any User Generated Content shall be your own original work and you shall not infringe the intellectual property rights or privacy rights of any third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.
9.4 To the extent that Urvibes allows you to message or communicate with other App users, then you must take care in the type of information you wish to share. For example, you should only share personal information or your contact details with people you trust. You must not send any abusive or offensive material, or any other material which is generally objective. We do not monitor any communications that you may send from Urvibes, but reserve the right, at our discretion, remove your account or content in the event that you breach any of the terms of the EULA.
9.5 After you delete your account, your User Generated Content shall remain on our servers for a limited period of time as part of our backup system.
9.6 Please note you retain all ownership of your content that you upload, and you are free to use it elsewhere.
10. FURTHER CONTENT
10.1 We may offer further in-app content for you to purchase, download, install and use in Urvibes ("Further Content"). We grant you, subject to you paying the applicable in-app purchase fee, a non-exclusive, personal, revocable, non-transferable license to use the Further Content in Urvibes on an iOS Product. In the event that you or we terminate this agreement, then any fees paid are non-refundable.
11.1 Where Urvibes displays third party advertising, please note we are not responsible for the choice of the advert as all advertising is managed by Apple.
11.3 You may delete cookies and other similar tools from your iOS device by deleting Urvibes. You can also opt out of personalised adverts by visiting https://oo.apple.com on your iOS device.
12. CONTACT US
12.1 If you have any questions, complaints or claims with respect to Urvibes, then you may contact us at firstname.lastname@example.org.
13. SYSTEM REQUIREMENTS
13.1 This App has been developed to work on the latest version of the iOS software at the time of its release. Apple may from time to time update the iOS software, and we will endeavour, but not obligated, to update Urvibes if applicable to ensure that its functionality and performance continues with any updated iOS release. It is your obligation to ensure that you are using the latest public release of the iOS software.
14. INDEMNITY / COMPENSATION
14.1 To the extent permitted by your local consumer law, you agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of Urvibes or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
15. TERM AND TERMINATION
15.1 This EULA takes effect upon your download, installation and/or use of Urvibes and remains effective until terminated by either of us. You may terminate this EULA at any time by removing Urvibes from your iOS device on which you have installed it. We may terminate this EULA and stop carrying out the service at any time, with or without notice to you. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you agree to cease all use of Urvibes and delete all copies of Urvibes.
15.2 The following sections of the EULA shall survive termination of this EULA: Section 14 (Indemnity/compensation), Section 7 (Ownership), Section 15 (Term and Termination), Section 17 (General Provisions), Section 18 (Limitation of Liability), Section 20 (Severance) and Section 21 (Jurisdiction).
15.3 On termination of the service / EULA, we may delete all content previously hosted by us.
16. SUPPORT AND CONTACTING US
16.1 Urvibes is provided "as is". However if you need any help and support please email email@example.com and we shall endeavour to assist you.
16.2 We may contact you using your email address or via Urvibes.
17. GENERAL PROVISIONS
17.1 This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us. No waiver by us of any failure by you to comply with or perform a provision of EULA shall be deemed to be a waiver of any preceding or succeeding failure. In the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17.2 This EULA is personal to you. You may not assign, sub-licence, transfer or dispose of the rights licensed under this agreement.
17.3 You may only use Urvibes for your personal, private and non-commercial use. You may not reproduce, distribute, publically display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner Urvibes, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software of any utilities, applications, emulators or tools derived therefrom.
17.4 You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Urvibes’s security measures, or transfer files that contain viruses, Trojans or other harmful programs.
18. OUR LIMITATIONS OF LIABILTY
18.1 Urvibes is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
18.2 We do not guarantee that Urvibes will be (i) free of errors, viruses or bugs or other defects; or (ii) that Urvibes or any information displayed or distributed through Urvibes or in the Documentation will be accurate or complete; or (iii) that any defects in Urvibes or Documentation will be corrected.
18.3 You acknowledge that reliance on any such information shall be at your sole risk.
18.4 NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE BY US, OUR EMPLOYEES OR AGENTS.
18.5 TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDCITION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
18.6 Nothing in this EULA shall BE DEEMED OR INTERPRETED TO limit your statutory consumer RIGHTS AND THIS EULA MAY BE INTERPRETED ACCORDINGLY BY GIVING THE MINIMINUM NECESSARY CHANGES TO give effect to your LOCAL statutory consumer rights.
18.7 YOUR RIGHT TO ACCESS AND USE URVIBES IS REVOKED IN THE EVENT THAT THIS EULA OR SERVICE PROVIDED BY URVIBES IS PROHIBITED IN ANYWAY IN YOUR LOCAL TERRITORY.
18.8 Our ENTIRE LIABILITY TO YOU, and to the extent we can not exclude it, shall, where PERMISSABLE BY LAW, BE LIMITED TO THE GREATER of the PURCHASE PRICE OF URVIBES, or the amount of in-app purchases made by you in the previous three (3) months prior to the liability incurring. in the EVENT THE FOREGOING IS DEEMED UNREASONABLE BY A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT OUR LIABILITY IS CAPPED €50.
18.9 In the event that APPLE REFUNDS YOU THE PURCHASE PRICE IN ACCORDANCE with the itunes terms of sale, then both apple and we will have no further warranty OBLIGATION whatsoever with respect to Urvibes, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with the foregoing warranty. as a condition of the refund, you are required to delete Urvibes.
19. CHANGES TO THE EULA
19.1 We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Apple. We will notify you of any changes and you will be required to accept the changes to continue to use Urvibes.
20.1 If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
21. GOVERNING LAW AND JURISDICTION
21.1 In the event of any dispute between you and us regarding this EULA and/or your use of Urvibes, then the laws of France will apply. You agree that in the event we are unable to settle any dispute with you, then dispute shall be dealt with by arbitration in Paris, France.