PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING THIS App
Your use of this app (together with any of our websites, products, APIs, documentation, data feeds, and software related to it) ( the App) and any casts, text, images or other content provided to you through the App (the Content) is governed by these terms and conditions (Terms). By downloading or using the App, you agree to these Terms which will bind you.
In particular, we draw your attention to the limitations on our liability in paragraph 9.
1 The Limor App
1.1 The App is owned and operated by Less is Mor Limited ( Limor or We), a company headquartered at Unit 11D, new grange business park, Donore road, Drogheda, Co Louth, Ireland with registration number 567123 (further referred to as LIMOR, “our” or “we”) process the personal data of our app visitors and customers (“User”).
1.2 You can find further details about us and how to contact us in the About Us / Contact Us section of the App. Contact email address firstname.lastname@example.org
2 LEGAL AGREEMENT
2.1 As noted above, by downloading or using the App, you accept, without limitation or qualification, these Terms.
2.2 If you do not wish to be bound by the Terms you should not access or use the App.
2.3 We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore), you downloaded the App (Appstore Rules). You must comply with any Appstore Rules.
2.4 We may modify the Terms in our absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the App after the modified Terms have been posted.
2.5 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices on which the App is downloaded ( Devices) in accordance with these Terms if they are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices.
2.6 You may be subject to and are responsible for any and all mobile network charges from your internet services providers which arise due to your internet access on the Devices when using the App.
Please note that the App is not intended for children under the age of 13. Licence grant and restrictions
3.2 You may download or stream a copy of the App onto your Devices and view, use and display the App and the Content on the Devices for your personal purposes only.
3.3 Except as expressly set out in these Terms or as permitted by any local law, you agree:
3.3.1 not to copy the App or the Content except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
3.3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the Content;
3.3.3 not to make alterations to, or modifications of, the whole or any part of the App or the Content, or permit the App, the Content or any part of it to be combined with, or become incorporated in, any other programs;
3.3.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Content or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving inter-operability of the App with another software program;
(b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(c) is not used to create any software that is substantially similar to the App;
3.3.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
3.3.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;
3.3.7 not to provide or otherwise make available the App or the Content in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
3.3.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
What does this mean? You can view and use the App and its content for personal use in the ways which the standard App interface allows you to. You are not allowed to modify it, copy it or pass it on to anyone else.
4 OWNERSHIP AND RIGHTS
4.1 We and our licensors own the App and the Content and the technology relating to the App. Rights to use the App and access the Content are licensed (not sold) to you, and you have no rights in, or to, the App and the Content other than the right to it in accordance with these Terms.
4.2 The rights in the Content you post on the App (Your Content) remains with you. By posting or otherwise displaying Your Content, you grant:
4.2.1 to Limor, a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, adapt, modify, transmit, publish, and otherwise share Your Content via any method or medium; and
4.2.2 to other users of the App, a worldwide, non-exclusive, royalty-free licence to view Your Content through the App, and to use, copy, reproduce, adapt, modify, transmit, publish, and otherwise share Your Content via any method or medium to the extent permitted by these Terms.
What does this mean? You own the casts or comments you create and post but we can use them and make them available to others and so can other users.
4.3 You acknowledge that you have no right to have access to the App in source-code form.
5 OUR USE OF YOUR PERSONAL DETAILS and Monitoring
5.2 Limor reserves the right to monitor and track your visits to the App and will monitor Your Content to ensure you comply with these Terms.
6 Your content
6.1 You should only post Content that you are comfortable sharing with others in accordance with these Terms.
6.2 Content is the responsibility of the person who originally posted it on the App. We are not responsible for Your Content, and any use of or reliance on any Content posted by other users is at your own risk.
6.3 You represent and warrant that you have and will continue to have all necessary rights which are required for you to post Your Content on the App and for Limor to use Your Content for the purpose of the provision of its services in the manner contemplated by these Terms.
6.4 To the extent required by law, you agree that Your Content will not contain any third party copyright content, or content that is subject to other third party rights (including rights of confidence or privacy), unless you have a formal licence from the applicable rights holder.
What does this mean? You must either have created Content yourself or you must have the permission of the person who created it to post it on the App.
6.5 We do not endorse or support any opinions expressed on the App or in the Content, nor do we guarantee the reliability, truthfulness, or accuracy of any Content. Although we take steps to monitor the Content from time to time you may be exposed to Content which is, for example, offensive, inaccurate or misleading.
6.6 We reserve the right at all times to remove Your Content from the App, if in our sole discretion, we consider that you are abusing the App or are otherwise acting in breach of these Terms.
7 USING THE APP
7.1 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
7.2 Wherever you are asked to provide information in connection with the App, you agree to provide true, accurate, current and complete details. You are not obliged to provide Limor with any optional information requested.
7.3 You are responsible for keeping your password for your App account safe. We recommend you use “strong” passwords to protect your account from unauthorised use.
7.4 In using the App, you agree to comply with our acceptable use policies in force from time to time, and in any event agree not to:
7.4.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
7.4.2 use the App for commercial purposes. This includes posting any Content which concerns the sponsorship, or promotion of a brand, product or service other than Limor or the App, without first having obtained Limor’s written approval. We reserve our rights to charge a percentage of any sponsorship or other commercial revenue you incur as a result of posting any such Content;
What does this mean? The App is intended to be used for personal interest and for users to share personal views and opinions. If you wish to promote a brand or endorse brands in any audio cast, you must get our permission and we may require a percentage of any payment you receive from the brand.
7.4.3 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
7.4.4 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
7.4.5 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
7.4.6 damage, interfere with or disrupt access to the App or the Content or do anything which might impair its functionality;
7.4.7 infringe our intellectual property rights or those of any third party in relation to your use of the App or the Content;
7.4.8 use the App in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either;
7.4.9 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
7.4.10 falsify the true ownership of software or other material or information contained in a file made available via the App;
7.4.11 obtain or attempt to obtain unauthorised access, through whatever means, to the App or the Content;
7.4.12 use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
7.4.13 not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any of our services;
8 NO UNLAWFUL OR PROHIBITED USE
8.1 You undertake to Limor that you will not use the App for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful in an applicable country.
8.2 You agree to indemnify Limor, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
9 LIABILITY DISCLAIMER
9.1 You agree that you use the App and access the Content entirely at your own risk.
9.2 Limor makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the App or the Content for any purpose. Limor expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
What this means? The services is provided “as-is”. You use it at your own risk.
9.3 Limor shall not be liable for any indirect or consequential damages whatever, or for any damages for loss of use, opportunity, data, profits or revenues (whether direct or indirect) arising out of the use or performance of the App, the provision of or failure to provide services, or for any Content or other information obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, or otherwise, without limitation, even if Limor has been advised of the possibility of damage.
What this means? We cannot be responsible for the unforeseeable consequences of the App not working as intended, for example, you losing out on an opportunity or revenues as a result.
9.4 Our maximum aggregate liability in connection with the provision of the App and the Content whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of one hundred pounds sterling (£100) or the amount you have paid directly to Limor for your use of the App.
9.5 If you are dissatisfied with any portion of the App or the Content, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App.
9.6 Notwithstanding anything in these terms Limor does not disclaim liability for death or injury caused by its own negligence, or for any other liability which cannot be excluded by law.
9.7 Limor reserves the right to remove any Content and any other information or material on the App without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Limor reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the App or the Content with or without notice.
11 VIRUS PROTECTION AND COMPATIBILITY
11.1 While certain precautions have been taken to detect computer viruses and ensure security, Limor cannot guarantee that the App is virus-free and secure.
11.2 Limor shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Limor does not give any warranties as to the compatibility of the App with your computer systems, software and/or hardware.
12 Advertising and LINKS TO THIRD PARTY SITES
12.1 The App and the Content may contain advertisements. Limor is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material. The types and extent of advertising by Limor on the App and in the Content are subject to change. You agree that Limor and our third party providers and partners may place such advertising on the App and in the Content, including in and in connection with the display of your Content.
12.2 The App contains links to web sites operated by parties other than Limor (Third Party Sites). These links are provided for your convenience. When you activate one of them, you will leave the App. Limor has no control over, and will accept no responsibility for or liability in respect of, material on any web site that is not under its control, including in relation to its content, privacy policies, or practices.
12.3 The inclusion of links to Third Party Sites does not imply any endorsement of the material on them or any association with their operators.
12.4 You remain responsible for any links to Third Party Sites embedded in or referred to in Your Content, and shall only include any such links in compliance with these Terms. You must obtain our permission before doing so if you stand to make any commercial gain from providing the link (see paragraph 8.4.2).
13.1 Limor may restrict your access to the App and the Content, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
13.1.1 there is a regulatory or statutory change limiting the ability to provide access to the App or the Content;
13.1.2 there is any event beyond the reasonable control of Limor preventing Limor from providing access to the App or the Content (for example, and without limitation, technical difficulties, capacity problems and communications failures);
13.1.3 Limor considers in its sole discretion that you are abusing the App or are otherwise acting in breach of these Terms.
13.2 On termination for any reason, all rights granted to you under these Terms shall cease.
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks ( Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms:
14.2.1 our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
14.2.2 we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.
14.3 Unless otherwise specified, the App is directed solely at those who access it from the United Kingdom. Those who choose to access the App from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
14.4 A failure or delay by Limor in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
14.5 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
14.6 If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
14.7 These Terms constitute the entire agreement between you and Limor as to your use of the App and access to the Content and shall supersede any prior agreement or representation in respect thereof.
14.8 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
14.9 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the App.
English law governs these Terms. You submit to the non-exclusive jurisdiction of the English courts.