This End User License Agreement (EULA Terms of Service) governs all 1615 MEDIA DESIGN service applications.
BY DOWNLOADING OR INSTALLING ANY SERVICE APPLICATION FROM 1615 MEDIA DESIGN, OR USING THIS SERVICE APPLICATION, OR ANY PORTION THEREOF (“SERVICE APPLICATION”), YOU AGREE TO THE FOLLOWING TERMS OF SERVICE (THE “TERMS OF SERVICE”).
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE APPLICATION. USE OF THE SERVICE APPLICATION IS VOID WHERE PROHIBITED.
All of our applications are made for, and offered to people who are at least 13 years of age.
The published age classifications recommendations on Google Play™ store refer only to the content in our applications. For more on how these age classifications are defined, please visit the support website for Google™ https://support.google.com/googleplay/answer/6209544
Parent Guide to Google Play™ https://support.google.com/googleplay/answer/6209547
Before accessing or installing an application, you must be 13 years of age or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.
1. ADVERTISEMENTS DISPLAYED IN APPLICATIONS.
This ad serving technology is integrated into the Application; if you do not want to use this technology, your only remedy / opt-out option is to not use the Application.
2. ANALYTICS AND RESEARCH.
a. Analytics companies may access anonymous data (such as your IP address or device ID) to help us understand how our services are used. They use this data solely on our behalf. They do not share it except in aggregate form; no data is shared as to any individual user.
b. 1615 MEDIA DESIGN use Google Analytics™ to collect anonymous information about which features our users are utilizing in our software and how. Google Analytics™ collects information anonymously. It reports application trends without identifying individual visitors. Users may choose to prevent any of this anonymous data from being used by modifying your Google™ ad settings associated with your Google™ account, modifying your Google™ ad settings for mobile apps (https://www.google.com/settings/ads/anonymous or read more about opting out of interest-based ads: https://support.google.com/ads/answer/2662922?hl=en), using this Google Analytics Opt-Out Browser Add-On, or using any other means to opt-out of Google Ads.
c. 1615 MEDIA DESIGN may collect demographic, interest, and location information in order to determine what kind of people visit our properties and use our products, how they found us, and why they might be interested in our products. We may participate in advertising and analytics services, such as those provided by Google™ and other search engines, including: Remarketing with Google Analytics™, Google Display Network™ Impression Reporting, DoubleClick™ Platform integrations, and Google Analytics™ Demographic and Interest Reporting. The information collected through these programs is anonymous, aggregated, and not tied to personally identifiable information.
d. IP-Anonymization has been activated for any Application. Accordingly, your IP Address is abbreviated within a member state of the European Union or another state that is party to the European Economic Area (EEA) Agreement before it is transmitted to the United States. A full IP address will be transmitted to Google™ ‘s servers in the United States and abbreviated there only in exceptional cases. Google™ will use this anonymized data to provide the Application operator with information on how you use the Application, to create reports about traffic and activity on the Application for the Application operator and to provide the Application operator with additional services connected to the use of the Application and the Internet in general.
4. USE OF APPLICATION.
a. 1615 MEDIA DESIGN grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that 1615 MEDIA DESIGN has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which 1615 MEDIA DESIGN may suffer) of any such breach.
5. PROPRIETARY RIGHTS.
You acknowledge that:
a. the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and
b. 1615 MEDIA DESIGN and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to,
(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted,
(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application,
(iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
(iv) remove, obscure, or alter 1615 MEDIA DESIGN or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
These Terms and Conditions will continue to apply until terminated by either you or 1615 MEDIA DESIGN as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from 1615 MEDIA DESIGN or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless 1615 MEDIA DESIGN, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable solicitor fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
8. DISCLAIMER OF WARRANTIES.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. 1615 MEDIA DESIGN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1615 MEDIA DESIGN, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT 1615 MEDIA DESIGN OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
a. These Terms and Conditions constitute the entire Agreement between you and 1615 MEDIA DESIGN relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and 1615 MEDIA DESIGN regarding the Application.
b. The failure of 1615 MEDIA DESIGN to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to 1615 MEDIA DESIGN.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or 1615 MEDIA DESIGN without the prior written approval of the other party. Neither you nor 1615 MEDIA DESIGN are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
11. CHANGES TO THIS EULA.
a. 1615 MEDIA DESIGN reserves the right to change this EULA.
b. You may be required to accept an updated version of the EULA after installing Application updates.
a. On the application being run for the first time, the installer of the application will be asked to accept (AGREE WITH THE EULA) or to ‘Decline’ (DO NOT AGREE WITH THE EULA).
A link to the EULA will be displayed for the installer to reference and consume the EULA
If the installer Declines, the application will not run.
b. After accepting, the installer (user) can also view the Application EULA again, by clicking on the EULA button on the start page that will display the link to the EULA.
c. If the installer or user clears the Application data, the Application EULA will need to be accepted again.
Google Play™ is a trademark of Google Inc.