Application end-user license agreement (EULA)

Application EULA

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.

a. 1615 MEDIA DESIGN Applications may incorporate third-party dynamic in-game advertisement serving technology which enables advertising to be temporarily uploaded into the Applications on your mobile device and replaced while you are online. When you use our Applications, we or third parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your device using cookies, web beacons and other technologies to ensure that appropriate advertising is presented within the Applications and to calculate the number of unique and repeat views of advertising. Logged data may include IP address, unique device I.D., device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, size of the advertisement, advertisement response (if any), and viewing angle. Other than the company serving the advertisements, the foregoing data may be used and disclosed pursuant to the 1615 MEDIA DESIGN privacy policy, the privacy policy of the company providing the ad serving technology and to other third parties in a form that does not personally identify you.

For instance, if the Application incorporates AdMob™ ad serving technology, the foregoing information will be collected by or transferred to AdMob™ pursuant to the AdMob™ privacy policy available at http://www.google.com/policies/privacy/. 

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.

b. Google™ Privacy Policy (located at http://www.google.com/policies/privacy/) explains how Google™ treats your information and protects your privacy when you use an Application serving Ads. You agree to the use of your data in accordance with Google™ privacy policies.

c. The Application may contain features that are used in conjunction with Google™ search and other services. Accordingly, your use of such features of the Application is also governed by The Company’s Terms of Service located at http://www.google.com/intl/en/policies/terms/, The Google Policy, as well as any applicable Google Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice.

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.

3. TERMS OF SERVICE AND PRIVACY POLICY.

a. The 1615 MEDIA DESIGN Privacy Policy (located at http://www.one615.ca/privacy-policy/) explains how 1615 MEDIA DESIGN treats your information and protects your privacy when you use the Application. You agree to the use of your data in accordance with 1615 MEDIA DESIGN privacy policies.

b. The Application may contain features that are used in conjunction with other services. Accordingly, your use of such features of the Application is also governed by 1615 MEDIA DESIGN Terms of Use, located at http://www.one615.ca/terms-of-use/, the 1615 MEDIA DESIGN Privacy Policy , as well as any other applicable 1615 MEDIA DESIGN Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice.

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.

6. TERMINATION

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.

7. INDEMNITY.

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.

10. MISCELLANEOUS.

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.

e. These Terms and Conditions and your relationship with 1615 MEDIA DESIGN under these Terms and Conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales, without regard to its conflict of laws provisions. You and 1615 MEDIA DESIGN agree to submit to the exclusive jurisdiction of the courts located within the county of England and Wales, to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that 1615 MEDIA DESIGN will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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.

END.

Notes:

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.

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