1. Application of Terms: Your right to use the Famfinder application (the “App”) is subject to your acceptance of this End User License Agreement (EULA). You agree that the terms of this EULA apply to your use of the App. If you do not agree to the terms of this EULA, do not install or use the App.
2. Scope of License: The App is licensed, not sold, to you by the owners of the App. We reserve all rights in and to the App not expressly granted to you under this EULA. By this EULA you are granted a non-exclusive, non-sublicenseable and non-transferable license to use the App. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this EULA and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any of the foregoing restriction (or part thereof) is prohibited by applicable law) and any attempt to do so is a violation of our rights and that of our service partners and licensors (if any). The terms of the EULA will govern any upgrades provided by us and our service partners and licensors (if any) that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license agreement in which case the terms of that license agreement will govern.
3. Consent to Use of Data: You agree that we and our service partners and licensors 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, App support and other services to you (if any) related to the App. We (and, where required, our service partners and licensors) may use this information to improve the App or to provide services or technologies to you.
4. Access Terms: We may update the App and/or change the content at any time. If the need arises, we may suspend access to the App, or close it indefinitely. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App to users who have logged in. You must not use any part of the materials on the App for commercial purposes without obtaining a licence to do so from us or our licensors.
5. Termination: The EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically without notice from us if you fail to comply with any term(s) of this EULA. Upon termination of the EULA, you shall cease all use of the App.
6. Third Party Services: The App may enable access to our and third party services and websites (collectively and individually, “Third Party Services”). Use of the Third Party Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Third Party Services at your sole risk and that neither we, nor our service partners and/or licensors, shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. The App also may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or Third Party Services. We do not warrant or endorse, do not assume and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. Neither we, nor any of our content providers, licensors or service partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by any Third Party Services.
7. Intellectual Property Rights: You agree that the App contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the App under the terms of this EULA. No feature or proprietary content of the App may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App or its services or features, in any manner, and you shall not exploit the App in any unauthorized way whatsoever. You further agree not to use the App or its services or features in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any features of the App.
8. Your Responsibility: To the extent you choose to access any Third Party Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws. We, and our service partners reserve the right to change, suspend, remove, or disable access to any features of the App, at any time without notice. In no event will we be liable for the removal of or disabling of access to any such features of the App. We may also impose limits on the use of or access to certain features of the App, Third-Party Services or Third Party Materials, in any case and without notice or liability. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the App.
9. No Warranty: We will use reasonable care and skill with respect to the provision of the App and any services performed or provided by the App to you. You expressly acknowledge and agree that use of the App is at your sole risk and that, to the maximum extent permitted by applicable law, the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the App and any of its features or services performed or provided by the App are provided "as is" and “as available”, with all faults and we hereby disclaim, to the extent permitted by applicable law, all warranties and conditions with respect to the App and any of its features or services. We do not warrant against interference with your enjoyment of the App, that the functions contained in, or services performed or provided by, the App will meet your requirements, that the operation of the App or of its features or services will be uninterrupted or error-free, or that defects in the App or of its features or services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. To the extent applicable law disallows the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, the above exclusion and limitations will not apply to you.
10. Limitation of Liability: To the maximum extent permitted by applicable law (and excluding for liability arising from our negligence resulting in death or personal injury), in no event shall we be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or losses, arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages and losses (other than as may be required by applicable law in cases involving death or personal injury resulting from our negligence) exceed the amount of twenty euro (€20.00).
11. Privacy: We process information about you in accordance with our Privacy Statement. By using our App, you consent to such processing and you warrant that all data provided by you is accurate and that you are entitled to provide such data.
12. Governing Law: This EULA shall be governed by and construed in accordance with the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction.
13. General: No waiver of or failure to act regarding any breach of this EULA shall constitute a waiver of any other breach. If any provision of this EULA is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties and the validity of the remaining provisions of the EULA shall not be affected. This EULA is written in English which the parties agree shall be the language governing any interpretation of this EULA. Subject to the below terms, this EULA constitutes the entire agreement between us and you, and supersedes and replaces all prior proposals, agreements, and other communications, written or oral, relating to the subject matter hereof. We may revise this EULA at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in this EULA may also be superseded by provisions or notices published elsewhere on the App and if you download the App via an App store, the proprietor of such store may impose additional terms and conditions.
14. Licensor: The owner and licensor of the App is Openmind Networks Limited (hereinafter “we” or “us”), incorporated in Ireland with company registration number 370411 whose principal place of business is at 4 Westland Square, Pearse Street, Dublin 2, Ireland.