Common use of Services; Third Party Materials Clause in Contracts

Services; Third Party Materials. The Licensed Application may enable access to services and/or web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires Internet access and that You accept the separate Pixel Press Terms of Use (“TOU”). You understand that by using any of the 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 Services at Your sole risk and that Pixel Press shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press is 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 web sites. Pixel Press does not warrant or endorse and does 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 web sites, or for any other materials, applications, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Press, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press be liable for the removal of or disabling of access to any such Services. Pixel Press may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 3 contracts

Samples: License Agreement, License Agreement, License Agreement

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Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 3 contracts

Samples: Light Play End User License Agreement, License Agreement, License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires shall require Internet access and acceptance by You of the General Conditions with the Application Provider or any corporate entity of its group. Your continued use of the Licensed Application means that You accept agree with the separate Pixel Press Terms terms of Use (“TOU”)this XXXX and with the General Conditions. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may thatmay be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content (such as financial content), data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Any location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party the Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch iPad are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and own risk. You are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features As the data may cross national borders due to the nature of the Licensed Application operate only in conjunction with Internet, You expressly acknowledge and agree that Luxembourg banking secrecy rules no longer apply to Your data or to any data, content, information, including computer data, and material related to the Services. The scope and content of the Service offerings may vary from time As You are able to time and may include, at different times, different, additional, or reduced Services. No change or reduction in access data through the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application from any location, which may experience a decrease lead to an application of local laws and regulations, respectively intervention of local authorities on computer systems, You shall check local laws and regulations. The Application Provider assumes no responsibility in functionalitythis respect. You further understand expressly acknowledge and agree that the offer of Services are provided at may be restricted by the sole discretion Application Provider in any jurisdiction in which the offer would or could be illegal and that the Application Provider may rely on any locally licensed or approved corporate entity of Pixel Press and Pixel Press is under no obligation its group in order for you to continue to provide benefit from access rights as defined in the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionalityGeneral Conditions.

Appears in 2 contracts

Samples: Myquintet Agreement, www.quintet.lu

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept additional terms of service. You agree that by using this service, you will not upload or post anything that can be deemed objectionable or explicit by anyone, and you will not label anything in a way that can be deemed objectionable or explicit by anyone. If a post is made that breaks this agreement, it will be removed and reported to the separate Pixel Press Terms moderation team. Depending on the magnitude of Use (“TOU”)the content, your account will be terminated with from service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 2 contracts

Samples: playr.app, playr.app

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party third‐party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 2 contracts

Samples: License Agreement, License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”). You xxxxxxx.Xxx understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. .Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You Xxxxxxxx.Xxx agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 2 contracts

Samples: User License Agreement, License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch mobile device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: Application End User License Agreement

Services; Third Party Materials. The Licensed Application Service may enable access to Licensor’s and/or third-party services and/or web sites provided or made available, directly or indirectly, by Pixel Press and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and that You use of certain External Services requires the User to accept the separate Pixel Press Terms of Use (“TOU”)additional terms. You understand User understands that by using any of the External Services, You he 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 User agrees to use the External Services at Your its sole risk and that Pixel Press neither the Company nor its agents shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain External Services 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 web siteswebsites. By using the Services, You acknowledge User acknowledges and agree agrees that Pixel Press is not neither the Licensor nor its agents are 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 web siteswebsites. Pixel Press does The Company, its agents, officers, affiliates and subsidiaries do not warrant or endorse and does do not assume and will not have any liability or responsibility to You User or any other person for any third-party External Services, Third Party Materials or web siteswebsites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites websites are provided solely as a convenience to Youthe User. Location data provided by any User agrees that the External Services is for basic navigational purposes only and is 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 Pixel Press, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services might contain proprietary content, information and material that is owned by the Company and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the ServicesExternal Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Enablon. No portion of the External Services may be reproduced in any form or by any means. You agree User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, External Services in any manner, and You User shall not exploit the External Services in any unauthorized way whatsoever, including including, but not limited to, by using the External Services to transmit any computer viruses, worms, Trojan horses or other malware, or by trespass or burdening network capacity. You User further agree agrees not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is not neither the Company nor its agents are in any way responsible for any such use by YouUser, nor for any harassing, threatening, defamatory, offensive offensive, infringing or illegal messages or transmissions that You User may receive as a result of using any of the External Services. In addition, third party External Services and Third Party Materials that may be accessed from, from or displayed on or linked to from the iPhone, iPad, or iPod Touch User’s devices are not available in all languages or in all countriescountries or regions. Pixel Press The Company makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent You choose User chooses to use or access such External Services or and Materials, You do User does so at Your its own initiative and are is responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve The Company reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Pixel Press the Company be liable for the removal of or disabling of access to any such External Services. Pixel Press The Company may also impose limits on the use of or access to certain External Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: Connect Web Platform Terms

Services; Third Party Materials. The Licensed Application Yatzy World may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. The Application Provider has the right to close a user account and block a user from Yatzy World when the Application Provider deems necessary. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are mobile device is not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Alert For Me’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”). You understand that by using any of the 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 Services at Your sole risk and that Pixel Press shall not have any liability to You for content that may be found to be offensive, indecent, or objectionableservice. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press Alert For Me is 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 web sites. Pixel Press Alert For Me does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to Youyou. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel PressAlert For Me, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press Alert For Me is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch Android phones are not available in all languages or in all countries. Pixel Press Alert For Me makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressAlert For Me, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Alert For Me be liable for the removal of or disabling of access to any such Services. Pixel Press Alert For Me may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Ap- plication Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individuallyindividu- ally, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 enter- ing of a particular URL may automatically and unintentionally generate links or references refer- ences to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content con- tent that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decencydecen- cy, quality or any other aspect of such Third Party Materials or web sites. Pixel Press The Appli- cation Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for gen- eral informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 injuryinju- ry, property or environmental damage. Neither Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 informa- tion or materials in any way whatsoever except for permitted use of the Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized unauthor- ized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages lan- guages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services Ser- vices at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Providers and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web siteswebsites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites websites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. You understand no access is provided to emergency services by using this application, which also includes no 911 service. This service is to be used as a convenience to the user and user’s emergency contacts and there is no guarantee the system will work reliably due to several uncontrollable variables, which includes but is not limited to: lack of phone or Internet service, inability to acquire a GPS signal and therefore a GPS location or user controlled settings on their devices. This application does NOT convert your iPhone or Apple Watch into a medical device nor does the app or service have FDA certification. The service also does NOT predict or prevent seizures. New accounts receive a 2 week trial of the "Alerts" service which which allows the user to manually or automatically (via seizure-like motion detection) request help from emergency contacts. Once the trial ends, the user must subscribe to the "Alerts" service to continue to have the ability to request help. The "Alerts" service is an auto-renewing cost of $6.99/month or $69.99/year. SeizAlarm uses Apple’s built in subscription system and because of this we do not handle transactions nor do we store any billing related data. The payment will be charged to the user's iTunes Account at confirmation of purchase. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's iTunes subscription manager after purchase. No cancellation of the current subscription is allowed during active subscription period. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication. The robust seizure log features require no subscription. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch iOS device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third-party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You you accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the Services, You 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 you agree to use the Services at Your your sole risk and that Pixel Press the Application Provider shall not have any liability to You you for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Third-Party Materials) or provide links to certain third third-party web sites. By using the Services, You you acknowledge and agree that Pixel Press the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Third-Party Materials or web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You you or any other person for any third-party Services, Third Third- Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Third-Party Materials and links to other web sites are provided solely as a convenience to Youyou. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that for any Services contain containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services 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 Services, in any manner, and You you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is not in any way responsible for any such use by Youyou, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You you may receive as a result of using any of the Services. In addition, third party Services and Third Third-Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, any Apple or iPod Touch Google device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials materials are appropriate or available for use in any particular location. To the extent You you choose to access such Services or Materialsmaterials, You you do so at Your your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: assets-global.website-files.com

Services; Third Party Materials. The Licensed Application may enable access to services and/or web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires Internet access and that You accept the separate Pixel Press Terms of Use (“TOU”). You understand that by using any of the 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 Services at Your sole risk and that Pixel Press shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press is 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 web sites. Pixel Press does not warrant or endorse and does 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 web sites, or for any other materials, applications, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Press, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press be liable for the removal of or disabling of access to any such Services. Pixel Press may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Use of the Licensed Application may will enable access to the Company’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires Internet may require internet access and that You you accept the separate Pixel Press Terms additional terms of Use (“TOU”)service in connection therewith. You understand that by using any of the Services, You 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 you agree to use the Services at Your your sole risk and that Pixel Press the Company shall not have any liability to You you for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You you acknowledge and agree that Pixel Press the Company is 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 web sites. Pixel Press The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to You you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Press, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Servicesyou. You agree acknowledge that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and you agree that You you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services 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 Services, in any manner, and You you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Company is not in any way responsible for any such use by Youyou, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You you may receive as a result of using any of the Services. In addition, third party The Company makes no representation that the Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You you choose to access such Services or Third Party Materials, You you do so at Your your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve The Company reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Company be liable for the removal of or disabling of access to any such Services. Pixel Press The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain The Software, or certain Services enabled thereby, 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch your device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features NO WARRANTY. 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 LICENSED 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 NONINFRINGEMENT 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 DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 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. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the Licensed Application operate only in conjunction with the Servicesamount of fifty dollars ($50.00). The scope and content foregoing limitations will apply even if the above stated remedy fails of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionalityits essential purpose.

Appears in 1 contract

Samples: www.akamai.com

Services; Third Party Materials. The Licensed Application App may enable access to services and/or VRI’s and third party services, web sites provided or made availablesites, directly or indirectlysoftware, by Pixel Press and other copyrighted material (collectively and individually, "Services"). Use of VRI reserves the Services requires Internet access and that right to include advertising within the App. By using the App, You accept agree to display such advertising in the separate Pixel Press Terms of Use (“TOU”)form provided to You by VRI. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press VRI shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press VRI is 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 web sites. Pixel Press VRI does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party third•party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data data, if any, provided by any Services is for basic navigational purposes only and is 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 Pixel Press, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Servicesneeded. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press be liable for the removal of or disabling of access to any such Services. Pixel Press VRI may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: End User License Agreement

Services; Third Party Materials. The Licensed Application Reversi World may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. The Application Provider has the right to close a user account and block a user from Reversi World when the Application Provider deems necessary. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are mobile device is not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-third- party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhoneyour computer or other device, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms User accepts additional terms of Use (“TOU”)service. You understand User understands that by using any of the Services, You User 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 User agrees to use the Services at Your User’s sole risk and that Pixel Press the Application Provider shall not have any liability to You User for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge User acknowledges and agree agrees that Pixel Press Application Provider is 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 web sites. Pixel Press Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You User or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to YouUser. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities, financial or investment transaction based upon information obtained through the Services, User should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel PressApplication Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree User agrees that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You User shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You User further agree agrees not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is not in any way responsible for any such use by YouUser, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You User may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose User chooses to access such Services or Materials, You User do so at Your User’s own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressApplication Provider, and its licensors, reserve reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: End User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Licensed Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Licensed Application Provider is 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 web sites. Pixel Press The Licensed Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Licensed Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Licensed Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch touch are not available in all languages or in all countries. Pixel Press The Licensed Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Licensed Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Licensed Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Licensed Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: End User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party third‐party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch Android device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

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Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. You agree not to administer cardiopulmonary resuscitation ("CPR") in response to CPR- needed notifications unless you are trained in CPR. You agree further not to utilize an automated external defibrillator (“AED”) in response to CPR-needed notifications unless you are knowledgeable as to the use and operation of an AED. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch device are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application Our Products or Services may enable access to services and/or third party content, images, information, services, and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"“Content”). Use of the Services requires this Content may require Internet access and that You may require you to accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the Services, You Content you may encounter content information that may be deemed offensive, indecent, or objectionable, which content information may or may not be identified as having explicit languagelanguage or images, 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 you agree to use the Services Content at Your your sole risk and that Pixel Press we shall not have any liability to You you for content Content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Third-Party Materials”) or provide links to certain third party thirdparty web sites. By using the ServicesContent, You you acknowledge and agree that Pixel Press is 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 Third-Party Materials or web sites. Pixel Press does We do not warrant or endorse endorse, and does do not assume and will not or have any liability or responsibility to You you or any other person for for, any third-party ServicesContent, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to Youyou. Financial information displayed by any Content providers is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Content, you should consult with a financial professional. Location data provided by any Services Content is for basic navigational purposes only and is 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 Pixel Press, of us nor any of its our content providers, guarantees providers guarantee the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Servicesdisplayed. You agree that any of our Products or Services contain containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Products or Services. No portion of the Products or Services 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 Products or Services, in any manner, and You you shall not exploit the Products or Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Products or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is we are not in any way responsible for any such use by Youyou, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You you may receive as a result of using any of the Products or Services. In addition, third party Services Content and Third Third-Party Materials that may be accessed from, displayed on or linked to from the iPhoneyour smartphone device, iPadtablet, or iPod Touch PC are not available in all languages or in all countries. Pixel Press makes We make no representation that such Services Content and Materials materials are appropriate or available for use in any particular location. To the extent You you choose to access such Services or MaterialsContent, You you do so at Your your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, We reserve the right to change, suspend, remove, or disable access to any Products or Services at any time without notice. In no event will Pixel Press we be liable for the removal of or disabling of access to any such Products or Services. Pixel Press We may also impose limits on the use of or access to certain Products and Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: User Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You you accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the Services, You you may encounter content that may be deemed offensive, indecent, 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 you agree to use the Services at Your your sole risk and that Pixel Press the Application Provider shall not have any liability to You you for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You you acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-third –party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to Youyou. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction base upon information obtained through the Services, you should consult with a financial/or tax professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness timelessness of financial stock information or location data displayed by any Services. Newcastle Permanent Building Society Limited ACN 087 651 992, Australian Credit Licence/Australian Financial Services Licence 000000. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services 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 Services, in any manner, and You you shall not exploit the Services in any unauthorized unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press Application Provider is not in any way responsible for any such use by Youyou, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You you may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch are not available in all languages or in all countries. Pixel Press The Application provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You you choose to access such Services or Materials, You you do so at Your your own initiative and are responsible for compliance with any applicable local laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its it licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: www.newcastlepermanent.com.au

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, device with Android OS or iPod Touch iOS are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features 5 SUBSCRIPTION, TEACHER CORRECTION, REFUNDS & CANCELLATION SUBSCRIPTIONS Lystra offers some free content and features, but Premium Contracts are also available by purchasing one of the Licensed Application operate only three types (Gold, Silver, Bronze) of auto-renewable monthly subscription as an in-app purchase. Premium Contracts offer access to new learning material on a weekly basis. A Gold Premium subscription offers 15 lessons per week plus two teacher corrections. A Silver Premium subscription offers 10 lessons per week plus one teacher correction. A Bronze Premium subscription offers 5 lessons per week and no teacher correction. Correction opportunities not used up in conjunction with any given month will expire at the Services. The scope and content end of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application month; they will not function and be carried over to the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Servicesnext month. In the unlikely event that Pixel Press ceases you have purchased all our existing material and for some reason we are unable to provide you with new teaching material, your subscription will be cancelled automatically. TEACHER CORRECTION While the Servicesvast majority of the activities that lessons are made up of are corrected automatically, a small number of them (e.g., Role Play) accommodate correction and assignment of a performance percentage by a teacher. Based on their subscription type (Gold, Silver, or Bronze) users are entitled to receive 2, 1, or 0 such corrections per month, respectively. Corrections include both a descriptive and a numerical (percentage) evaluation. Submitted solutions will be corrected within three days (72 hours) of submission. If a failure (technical, human or otherwise) causes the user not to receive the correction within this time frame, the Licensed Application user has four days (96 hours) subsequent to the three-day period to report this fact to us and the case will experience be redressed. REFUNDS & CANCELLATION Google Play: Refunds: Subscriptions differ from regular app purchases in that there is no two- hour refund window. To request a decrease refund, contact us at: xxxxxxx@xxxxxx.xx with a valid reason (e.g., you have accidentally bought the wrong product). Refund requests have to be made within 15 days of the occurrence of the problem. If you report a defect or performance issue, we reserve the right to first attempt to redress the problem within 72 hours. Cancellation: You can cancel your subscription if necessary from the My Apps screen in functionalitythe Play Store app. Under no circumstance shall Pixel Press When you cancel your subscription, Google Play does not offer a refund for the current billing cycle. Instead, it allows you to have access to the cancelled subscription until the end of the current billing cycle, at which time it terminates the subscription. For example, you may cancel the monthly subscription at any liability time during any month of the subscription, and the subscription will be cancelled as of the following month. Further details about the cancellation of subscriptions are available at: xxxxx://xxxx.xxxxxx.xxx/intl/en_us/about/play-terms.html or at xxxxx://xxxxxxx.xxxxxx.xxx/googleplay/answer/2476088 Apple App Store: Refund: To request a refund, the user must contact Apple Care with a valid reason (e.g., user accidentally buys the wrong product). Details can be subject found at xxxx://xxx.xxxxx.xxx/how-to-get-refund-itunes-app-store or at xxxxx://xxxxxxx.xxxxx.xxx/en- us/HT204084. Cancellation: Subscriptions may be managed by the user and auto-renewal may be turned off by going to any claim related the user’s Account Settings after purchase. Turn off Automatic Renewal to any such decrease in functionalitycancel a subscription. Your subscription will stop at the end of the current billing cycle. No cancellation of the current subscription is allowed during an active subscription period. Visit xxxxx://xxxxxxx.xxxxx.xxx/en-us/HT2020399 for further details.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application Software may enable access to ConsumerPhysics’ and third party applications and/or services and/or web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires Internet access and may require that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Software and Services at Your sole risk and that Pixel Press ConsumerPhysics shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites). By using the ServicesServices and/or Software, You acknowledge and agree that Pixel Press ConsumerPhysics is 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 web sitesMaterials. Pixel Press ConsumerPhysics does not warrant or endorse and does 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 web sitesMaterials, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is ConsumerPhysics does 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 Pixel Press, nor any of its content providers, guarantees guarantee the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services may contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized and/or illegal way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, ConsumerPhysics and its licensorslicensors and suppliers, if any, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press ConsumerPhysics be liable for the removal of or disabling of access to any such Services. Pixel Press ConsumerPhysics may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: End User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Curated Planet’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press Curated Planet shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press Curated Planet is 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 web sites. Pixel Press Curated Planet does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel PressCurated Planet, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press Curated Planet is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, Your authorized smartphone or iPod Touch tablet are not available in all languages or in all countries. Pixel Press Curated Planet makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressCurated Planet, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press Curated Planet be liable for the removal of or disabling of access to any such Services. Pixel Press Curated Planet may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: Curated Planet End User License Agreement

Services; Third Party Materials. The Licensed Application may enable access to JCU’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and You accept additional terms of service including additional charges for data access or downloads as may be required by JCU, Your carrier or other third party providers. You acknowledge and agree that You accept are solely responsible for all fees and charges applicable to all emailing, messaging, roaming connections and telephonic transactions made or received by You using the separate Pixel Press Terms of Use (“TOU”)Services accessed via the Licensed Application. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press JCU shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. JCU is not liable to You for the accuracy or completeness of any content available through the Services. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press JCU is 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 web sites. Pixel Press JCU does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links parties to other web sites are provided solely as a convenience to You. Location data provided the maximum extent permitted by any Services is for basic navigational purposes only and is 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 damagelaw. Neither Pixel PressJCU, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial information reliability or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You acknowledge that all intellectual property rights in the Licensed Application are owned by JCU and nothing in this Agreement has the effect of assigning any ownership of the intellectual property rights in the Licensed Application to You. You agree that You are not located in a country that is subject to a United States or Australian Government embargo, or a country that has been designated by the United States Government or the Australian Government as a “terrorist supporting” country or listed on any United States Government or Australian Government list of prohibited or restricted parties. You also agree that You will not use the Licensed Application for any activity that supports the development, production, handling, usage, maintenance, storage, inventory or proliferation of any weapons of mass destruction or weapons of mass destruction delivery systems or participation in transactions with persons engaged in such activities or for resupply to any person or country that is subject to any sanction imposed pursuant to a decision of the United Nations Security Council. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other partyperson or entity, and that Pixel Press JCU is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are not available in all languages or in all countries. Pixel Press makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press be liable for the removal of or disabling of access to any such Services. Pixel Press may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: End User Licence Agreement

Services; Third Party Materials. The Licensed Application ESII Tool may enable access to Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms User accepts additional terms of Use (“TOU”)service. You understand User understands that by using any of the Services, You User 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 User agrees to use the Services at Your User’s sole risk and that Pixel Press the Provider shall not have any liability to You User for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge User acknowledges and agree agrees that Pixel Press Provider is 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 web sites. Pixel Press Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You User or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to YouUser. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities, financial or investment transaction based upon information obtained through the Services, User should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel PressProvider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree User agrees that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You User shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You User further agree agrees not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Provider is not in any way responsible for any such use by YouUser, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You User may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, iPhone or iPod Touch or Project Workspace are not available in all languages or in all countries. Pixel Press The Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose User chooses to access such Services or Materials, You User do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel Press, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press be liable for the removal of or disabling of access to any such Services. Pixel Press may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.at

Appears in 1 contract

Samples: End User License Agreement

Services; Third Party Materials. The Licensed Application Sea Battle World may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. The Application Provider has the right to close a user account and block a user from Sea Battle World when the Application Provider deems necessary. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are mobile device is not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party third­party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch iPad are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires shall require Internet access and that You accept are subject to Conditions of electronic access with the separate Pixel Press Terms Application Provider or any corporate entity of Use (“TOU”)its group. Your continued use of the Licensed Application means that You agree with the terms of this XXXX and with Your Conditions of electronic access You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available financial content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party the Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPadiPod touch, or iPod Touch iPad are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and own risk. You are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features As the data may cross national borders due to the nature of the Internet, You expressly acknowledge and agree that confidentiality and other banking secrecy rules do not apply to Your data or to any data, content, information, including computer data, and material related to the Services. As You are able to access data through the Services and the Licensed Application from any location, which may lead to an application of local laws and regulations, respectively intervention of local authorities on computer systems, You shall check the local laws and regulations. Application Provider assumes no responsibility in this respect. You expressly acknowledge and agree that the offer of Services may be restricted by the Application Provider in any jurisdiction in which the offer would or could be illegal and that the Application Provider may rely on any locally licensed or approved corporate entity of its group in order for you to benefit from electronic access as defined in Your Conditions of electronic access. No warranty 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 LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION 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 DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 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. Limitation of liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, UNLESS FRAUDULENT INTENT OR GROSS NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. Applicable law; jurisdiction This license and Your use of the Licensed Application operate only in conjunction with are governed by the Services. The scope and content laws applicable to the Conditions of the Service offerings may vary from time to time and may includeelectronic access, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope excluding its conflicts of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionalitylaw rules.

Appears in 1 contract

Samples: User License Agreement

Services; Third Party Materials. The Licensed Application Train Words may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does 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 web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. The Application Provider has the right to close a user account and block a user from Train Words when the Application Provider deems necessary. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod Touch are mobile device is not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and/or and web sites provided or made available, directly or indirectly, by Pixel Press (collectively and individually, "Services"). Use of the Services requires may require Internet access and that You accept the separate Pixel Press Terms additional terms of Use (“TOU”)service. You understand that by using any of the 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 Services at Your sole risk and that Pixel Press the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. Certain Services 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 web sites. By using the Services, You acknowledge and agree that Pixel Press the Application Provider is 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 web sites. Pixel Press The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party third‐party Services, Third Party Materials or web sites, or for any other materials, applicationsproducts, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is 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 Pixel Pressthe Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of financial stock information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material owned by Application Provider and/or Third Party content providers 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 Services. No portion of the Services 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 Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Pixel Press the Application Provider is 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 of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, ® or iPod Touch touch® are not available in all languages or in all countries. Pixel Press The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Pixel PressThe Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Pixel Press the Application Provider be liable for the removal of or disabling of access to any such Services. Pixel Press The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability. Certain features of the Licensed Application operate only in conjunction with the Services. The scope and content of the Service offerings may vary from time to time and may include, at different times, different, additional, or reduced Services. No change or reduction in the Services shall alter the scope of this Agreement or the grant of license hereunder, nor give rise to any claim, liability or obligation of Pixel Press. You understand that if You do not use the Services for any reason, certain features of the Licensed Application will not function and the Licensed Application may experience a decrease in functionality. You further understand that the Services are provided at the sole discretion of Pixel Press and Pixel Press is under no obligation to continue to provide the Services. In the event that Pixel Press ceases to provide the Services, the Licensed Application will experience a decrease in functionality. Under no circumstance shall Pixel Press have any liability or be subject to any claim related to any such decrease in functionality.

Appears in 1 contract

Samples: License Agreement

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