Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to:
(a) use the Service solely for your personal, non-commercial use; and
(b) download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use.
The Service (including the copy of the Application) is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Service, including all intellectual property rights therein, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear in the Service. We reserve all rights in the Service not expressly granted to you in these Terms.
You may not:
(a) copy, reproduce, modify or create derivative works of the Service or a part thereof;
(b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party or otherwise commercially exploit the Service;
(c) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;
(d) disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Service, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Service that allow you to use the Service only in certain ways;
(e) access the Service in order to build a similar or competitive service;
(f) scrape, build databases or otherwise create permanent copies of any content derived from the Service, or collect any data incorporated in the Service in any automated manner such as through the use of bots, spiders, crawlers or any other automated means;
(g) exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity; or
(h) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Your access to and use of the service is at your own risk. You understand and agree that the service is provided to you on an “as is” and “as available” basis. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the service. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the service or our representatives, will create any warranty not expressly made herein.
Limitation of Liability
To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, Consequential or punitive damages, including without limitation, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, Loss of good-will, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the service;
(ii) any conduct or content of any third party on the service;
(iii) any content and/or information obtained from the service or reliance upon the service or any part thereof; and
(iv) unauthorized access, use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, Whether or not we knew of or ought to have known of the possibility of such damages. Without limitation to the foregoing, you agree that our total liability to you for any and all Claims arising from this agreement shall under no circumstances exceed the fees, if any, that you have paid to us for access to and use of the service. In some jurisdictions the Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law. Nothing in these terms removes or supersedes your rights as a consumer based on mandatory provisions of law.
You agree to indemnify and hold BigRedApps (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
We reserve the right to discontinue offering the Service or any part thereof or to suspend, remove, modify or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any event and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such event, BigRedApps shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Questions or Concerns