Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using iRise App.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named iRise App
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to iRise Media International LTD, 3rd Floor, 76-80 College Road, Harrow HA1 1BQ, UK.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Country refers to: United Kingdom
Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
The Company is not responsible for the entries, information or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Monthly and Yearly Subscriptions
A $12.99 (or equivalent) monthly purchase will be applied to your account at the end of the 14-day trial on confirmation. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime in your settings menu.
A $119.99 (or equivalent) yearly purchase will be applied to your account at the end of the 14-day trial on confirmation. Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime in your settings menu.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us:
The following privacy notice provides information on how your personal data is collected and processed by our website www.irisetv.com and the iRise app. iRise Media International LTD is the data controller and is responsible for the persona data collected. When you provide us with your personal data, you warrant to the IRise Media International LTD that you are over 13 years of age.
1.0 Policy Statement
The IRise Media International LTD is committed to protecting personal data and respecting the right our data subjects; the people whose personal data we collect and use. We value the personal information entrusted to us and we respect that trust, by complying with all relevant laws, and adopting good practice.
We process personal data to help us:
a) maintain our list of members
b) provide good and/or services to our members
c) recruit, support and manage staff and volunteers;
d) undertake research
e) maintain our accounts and records
f) promote our goods and/or services
g) respond effectively to enquirers and handle any complaints
Our contact details are as follows:
Email address: email@example.com
2. Why this policy is important
2.1 The IRise Media International LTD is committed to protecting your personal data. This policy sets out the measures we are committed to taking as an organisation and, what each of us will do to ensure we comply with the relevant legislation.
2.2 In particular, we will make sure that all personal data is:a) processed lawfully, fairly and in a transparent manner;
b) processed for specified, explicit and legitimate purposes and not in a manner that is incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which it is being processed;
d) accurate and, where necessary, up to date;
e) not kept longer than necessary for the purposes for which it is being processed;
2.3 It is imperative that the information we hold about you is up to date and accurate. If at any time your personal information changes, please contact firstname.lastname@example.org. You can also update your contact details by clicking on the settings in your interface.
3. Details of the Data We Collect About You
Personal data pertains to any information that can identify an individual. Anonymised data is not included.
The following are categories of personal data we may process about you:
Such data is inclusive of communication that you send the IRise Media International LTD through email, social media postings, social media messaging or any other communication that you send us. Our lawful ground for this processing is for the purpose of replying to your communications with us, for record keeping as well as for the establishment, pursuance or defense of legal claims.
Such data is inclusive of data relating to the purchase of our goods and/or services such as your contact details, title, name, billing address, delivery address, phone number, email address, purchase details and your card details. This data is processed in order to supply the goods and/or services purchased and to keep records of these transactions. Our lawful ground is our legitimate interests of the performance of a contract between yourself and the IRise Media International LTD and/or taking the required steps at your request to enter into such a contract.
When you submit information to us regarding goods and/or services via an enquiry, we may process the information for the purpose of offering, marketing and selling relevant goods and/or services to you. The lawful basis for this processing is consent.
Is inclusive of data about how you use our website and any online services as well as any data that you post on our website or through other online services. This data is processed to operate our website, to ensure the relevant content is provided to you, to ensure the security of our website and to maintain backups of our database and website and to permit the administration and publication of our website. The legal ground for this processing is our legitimate interests which are to allow us to administer our website and business appropriately.
Is inclusive about preferences regarding receiving marketing from us, any third parties and your communication preferences. This data is processed to enable you to participate in our promotions, to deliver relevant website content and to measure the effectiveness of this promotion. The legal ground for this processing is our legitimate interests to grow our business, to study how our customers use our goods and or services and to decide on market strategy.
The IRise Media International LTD does not collect any Sensitive Data about you. Sensitive data is inclusive of any of the following information:a) Racial or ethnic origin;
b) Political opinions;
c) Religious or similar (e.g. philosophical) beliefs;
d) Trade union membership;
e) Health (including physical and mental health, and the provision of health care services);
f) Genetic data;
g) Biometric data;
h) Sexual life and sexual orientation.
Other data may also be considered ‘sensitive’ such as bank details, but will not be subject to the same legal protection as the types of data listed above.
How We Collect Your Personal Data
We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4. Marketing Communications
The IRise Media International LTD will comply with the rules set out in the GDPR, the Privacy and the electronic Communications Regulations (PECR) and any laws which may amend or replace the regulations around direct marketing. This includes but not limited to, when we make contact with data subjects by post, email, text message, social media messaging and telephone. At any time you may exercises your right to object to direct marketing and we will stop the direct marketing as soon as possible.
Your consent or our legitimate interests, specifically to grow our business, is our lawful ground by which we process your personal data to send you marketing communication.
Under the Privacy and Electronic Communications Regulations we may send you marketing communications from the IRise Media International LTD under the following circumstances:
i) you make a purchase from us or asked for information from us about our goods and/or services
ii) you agreed to receive marketing communications from us and have not opted out of receiving marketing communications since. Under the Privacy and Electronic Communications Regulations, if you are a limited company we may send you marketing communications without your consent. You can still however opt out of receiving marketing emails at any time.
5. How can we legally use personal data?
Processing of personal data is only lawful if at least one of these legal conditions, as listed in Article 6 of the GDPR, is met:a) the processing is necessary for a contract with the data subject;
b) the processing is necessary for us to comply with a legal obligation;
c) the processing is necessary to protect someone’s life (this is called “vital interests”);
d) the processing is necessary for us to perform a task in the public interest, and the task has a clear basis in law;
e) the processing is necessary for legitimate interests pursued by the IRise Media International LTD tor another organisation, unless these are overridden by the interests, rights and freedoms of the data subject.
f) If none of the other legal conditions apply, the processing will only be lawful if the data subject has given their clear consent.
6. Disclosures of Your Personal Data
We may need to share your personal data with any of the following parties listed below:
Other companies in our group who provide services to us. This includes Icontact.com that provide our emailing software.
Government bodies requiring us to report processing activities.
IT and system administration service providers
Professional advisers including bankers, auditors lawyers, bankers and insurers
Third parties to whom we sell, transfer, or merge parts of our business or our assets.
All third parties are required by us to respect the security of your personal data and to treat it in accordance with the relevant legal obligations. Third parties are only permitted to process your personal data in accordance with our instructions for the specified purposes.
In addition to the specified disclosures, we may disclose personal data where such disclosure is necessary for legal obligation compliance to which we are subject to protect wither your vital interests or the interests of another natural person.
7. International Transfers
We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).
We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:
We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
8. Third-Party Links
This website may include links to third party websites, applications and plug-ins. When you click on those connections and/or enable those connections, this may enable third parties to collect or share data about you. We do not control these third-party websites and have no responsibility for their privacy statements. Once you leave our website, we encourage you to read the privacy notice of every website you visit.
10. Data Retention
The IRise Media International LTD will only retain your personal data for as long as is reasonably necessary in order to fulfil the purposes we collected it for. This is inclusive of the purposes of fulfilling any accounting, reporting or legal requirements.
When considering the time we keep the data, we take into account its sensitivity, nature, the amount, processing purposes, legal requirements and the potential risk of harm from unauthorised use of disclosure.
To fulfil tax purposes, the law requires us to keep basic information about our customers, which includes Identity, Contact, Transaction and Financial Data for six years after they cease being customers.
In some instances, we may anonymise your personal data for statistical or research purposes. In this circumstance, we may use this information on an indefinite basis without providing further notice to you.
11. Your Legal Rights
The IRise Media International LTD will process personal data in line with data subjects’ rights, including their right to:a) request access to any of their personal data held by us
b) ask to have inaccurate personal data changed;
c) restrict processing, in certain circumstances;
d) object to processing, in certain circumstances, including preventing the use of their data for direct marketing;
e) data portability, which means to receive their data, or some of their data, in a format that can be easily used by another person (including the data subject themselves) or organisation;
f) not be subject to automated decisions, in certain circumstances; and
g) withdraw consent when we are relying on consent to process their data.
Under the Privacy and Electronic Communications Regulations, you have rights in relation to your persona data, inclusive of the right to request access, correction, restriction, erasure, transfer, to object to processing, to portability of data and in the case where the lawful ground of processing is consent, you have the right to withdraw consent.
To exercise any of these rights, please email email@example.com
You do not have to pay any fee to access your personal data or to exercises any other rights. However, in the case of unfounded requests, excessive or repetitive requests we may charge a reasonable fee. Alternatively, we may refuse to comply with your requests under these circumstances.
In order to help confirm your identity and ensure your rights to access your personal data or any of the other rights, we may need to request specific information. This is a security measure to protect against your personal data being disclosed to any person who does not have the right to receive it. We also reserve the right to contact you to ask you for additional information in relation to your request to speed up our response.
We will act on all valid requests as soon as possible, and we endeavor to respond to all legitimate responses within a one-month time period. On occasion, it may take us longer than one month if your request is complex or you have made multiple requests. If this is the case, we will notify you. All information will be transparent, concise, using plain and clear language.
In consideration of being permitted to participate in the content, the user agree to assume full responsibility for any risks, injuries or damages, known or unknown, which they might incur as a result of participating in activities as a result of the content provided by IRM
In further consideration of being permitted to participate in the content, the user knowingly, voluntarily and expressly waive any “Claims” (as defined below) they may have against IRM, its owners, members, employees, and/or its instructors, employees, and/or independent contractors (each a “released” party) for any Claim that they may sustain as a result of participating in activities as a result of the content even if the Claim arises from the carelessness or negligence of any Released Party or anyone else. The user agrees to indemnify and hold harmless each Released Party from any loss or liability incurred in defending any Claim made by them or anyone making a Claim on their behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. “Claims” include but are not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that the user may suffer, or that the user’s unborn child may suffer (including any legal fees or expenses) in connection with the content.
The user, their heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
This agreement shall be construed in accordance with, and governed by, the laws of England and Wales.
The user acknowledge that they have carefully read this release and waiver of liability and fully understand its contents. The user voluntarily and knowingly agrees to the terms and conditions stated herein. The user is aware that by signing this release and waiver of liability, they are giving up substantial rights, including their rights to sue and certain legal rights for their heirs, next of kin, executors, administrators and assigns may have against any Released Party.
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
uses technology or other means to access unauthorized content or non-public spaces;
uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
attempts to damage, disable, overburden, or impair IRM’s servers or networks;
attempts to gain unauthorized access to a IRM computer network;
attempts to gain unauthorized access to IRM’s user accounts;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
violates these Terms in any manner;
fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
IRM reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that IRM reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by IRM (for example, in product marketing campaigns). User grants IRM and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
User agrees to indemnify and hold harmless IRM, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. IRM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
IRM IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IRM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL IRM OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. IRM, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall IRM, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $50, whichever is less.
IRM logo, and other IRM trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of IRM (collectively “IRM Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The IRM Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of IRM or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by IRM or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of England and Wales. The User irrevocably consents to the exclusive jurisdiction of the courts in England and Wales, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. IRM’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
IRM reserves the right to change or modify these Terms or any other IRM terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the IRM website (www.themeaningoflife.tv) or within the Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of IRM shall have any legal effect as a waiver by IRM of any Terms of this Agreement.
Third Party Beneficiary
User agrees that IRM’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding our privacy practices or terms and conditions, you can email us at firstname.lastname@example.org