EULA & Privacy
Table of contents:
End User License Agreement
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE iMove APPLICATION.
This End-User License Agreement (‘EULA’) is a legal agreement between you (either an individual or a single entity, ‘you’) and EveryWare Technologies (‘We’, ‘Our’) for the use of the iMove application which may include networking services, associated software components, media, and ‘online’ or electronic documentation (collectively, the ‘APPLICATION’). By installing, copying, or otherwise using the APPLICATION, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the APPLICATION between you and us, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or cease immediately to use the APPLICATION.
1. OWNERSHIP, GRANT OF LICENSE.
The APPLICATION is licensed to you, not sold. We and our licensors own and retain all proprietary rights in the APPLICATION. Subject to the terms and conditions of this EULA, We grant you a terminable, nonexclusive, nontransferable, non-sublicenseable license to use, perform, and display the APPLICATION on your device. As set forth below, the APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on the APPLICATION.
You may not distribute the APPLICATION to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the APPLICATION.
(d) Support Services.
We may provide you with support services related to the APPLICATION (‘Support Services’). Any supplemental software code provided to you as part of the Support Services shall be considered part of the APPLICATION and subject to the terms and conditions of this EULA.
(e) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the APPLICATION.
3. IMPORTANT DISCLAIMER.
The APPLICATION should not be used or relied on as an emergency locator system, or in any task whose failure may lead to any kind of damage; it should not be used while operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other application in which the failure or inaccuracy of the application could lead to personal injury, death, or physical or property damage. It is not intended for business use (fleet or people tracking, monitoring, etc.). You acknowledge that we are offering this APPLICATION in reliance upon the warranty disclaimers and limitations of liability set forth below and accepted by you.
4. PROHIBITED ACTIVITIES. You agree not to use the APPLICATION in any manner that can violate the law; you should not threaten in any way other users through the use of the APPLICATION; you should not use offensive language, including sexual language, racial, religious and/or ethnic epithets. You agree not to use any information obtained from or through the APPLICATION in order to harass, stalk, abuse, harm or discriminate another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent.
If there are clear indications that you are violating these rules you may be suspended or expelled from the use of the APPLICATION. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
5. THIRD PARTY CONTENT.
This application uses data provided by Google Inc. EveryWare Technologies is not responsible for the unavailability of this data nor for any error or inaccuracy in this data.
6. TERMINATION AND MODIFICATION OF THIS AGREEMENT
Without prejudice to any other rights, We may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the APPLICATION in your possession. We reserve the right at its discretion, to change, modify, add, or remove portions of this EULA at any time. You should check this agreement periodically for changes.Your continued use of the APPLICATION after the posting of any modifications is equivalent to your acceptance of such modifications.
All title, including but not limited to copyrights, in and to the APPLICATION and any copies thereof are owned by us or our suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the APPLICATION is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by us.
9. NO WARRANTIES
We expressly disclaims any warranty for the APPLICATION. The APPLICATION is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. We do not warrant or assume responsibility for any service interruption and for the accuracy or completeness of any information, text, graphics, links or other items provided by or contained within the APPLICATION. We make no warranties respecting any harm that may be caused by the transmission of a device virus or other such device program. We further expressly disclaims any warranty or representation to Authorized Users or to any third party.
10. LIMITATION OF LIABILITY
In no event shall we be liable for any damages (including, without limitation, personal injury, death, or physical or property damage, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the APPLICATION, even if we have been advised of the possibility of such damages. In no event will we be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. We shall have no liability with respect to the content of the APPLICATION or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
11. EXPORT AND USE LIMITATIONS
You may not use or otherwise export or re-export the APPLICATION except as authorized by United States law and the laws of the jurisdiction in which the APPLICATION was obtained. In particular, but without limitation, the APPLICATION may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the APPLICATION, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
Although delivered by us, the Application uses information provided by Google. Such information by Google is provided to you under the Google Maps/Google Earth APIs Terms of Service, which are hereby incorporated into this agreement by this reference: Google Maps/Google Earth APIs Terms of Service – http://code.google.com/apis/maps/terms.html
Thanks for using iMove! Here we describe how we collect, use and handle your information when you use this mobile application and its related services.
What we collect
Usage. We collect information from and about the devices you use to access the Services. This includes things like IP addresses, the device you use, version of iMove.
Analytics. We collect anonymous usage data using both Services and 3rd party Google Analytics. This information include, among others, when you run iMove and which functionalities you use.
What we do not collect
Location. Services do not collect or store your location, or other related information, like nearby Points of Interest, except you IP address (in some cases IP address can be associated with the approximate position).
Identity. Services do not collect your name, or other information related to your identity.
Notes. Services do not collect the textual or audio notes you create in iMove.
email. Services do not collect your email address, unless you use the functionality “contact us” and you send us an email.
With whom we share
Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to comply with the law.