|a. Generally. The Software or SAAVI APP Service may now or in the future permit the submission and posting of product promotions and other users (“SAAVI APP Submissions”), and the linking, hosting, sharing, and/or publishing of such SAAVI APP Submissions. SAAVI APP makes no representations that it will publish or use your SAAVI APP Submissions in any way and may or may not use your SAAVI APP Submissions in its sole discretion. You understand that whether or not such SAAVI APP Submissions are published, SAAVI APP does not guarantee any confidentiality with respect to any SAAVI APP Submissions. For clarity, you retain ownership of your SAAVI APP Submissions. However, by submitting SAAVI APP Submissions to SAAVI APP, you hereby grant SAAVI APP and its affiliates a worldwide, non-exclusive, fully paid-up, perpetual, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, and perform your SAAVI APP Submissions in connection with the Software or SAAVI APP Service and SAAVI APP’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the SAAVI APP Submissions (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant SAAVI APP and its affiliates and sublicensees the right to use the name that you submit in connection with such SAAVI APP Submission if they choose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your SAAVI APP Submissions. You also hereby grant to each user of the Software or SAAVI APP Service a non-exclusive license to access your SAAVI APP Submissions through the Software or SAAVI APP Service and to use, reproduce, distribute, display, and perform such SAAVI APP Submissions, in each case as permitted by the functionality of the Software or SAAVI APP Service and these Terms. The above licenses granted by you in SAAVI APP Submissions you submit to the Software or SAAVI APP Service terminate within a reasonable time after you remove or delete your SAAVI APP Submissions from the Software or SAAVI APP Service. You understand and agree, however, that SAAVI APP may retain, but not display, distribute, or perform, server copies of your SAAVI APP Submissions that have been removed or deleted.
|a. As a condition of your use of the Software or SAAVI APP Service, you will not use the Software or SAAVI APP Service for any purpose that is unlawful or prohibited by these Terms. Access to the SAAVI APP Materials and the Software or SAAVI APP Service from territories where their access or use thereof is illegal is strictly prohibited. SAAVI APP Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
|b. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Software or SAAVI APP Service, use of the Software or SAAVI APP Service, access to the Software or SAAVI APP Service, or Content obtained through the Software or SAAVI APP Service, for any purpose other than as the Software or SAAVI APP Service is offered by SAAVI APP
|c. You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Software or SAAVI APP Service, or collect, or attempt to collect, personal information about Users or third parties without their consent.
|d. You agree not to intentionally interfere with or damage, impair or disable the operation of the Software or SAAVI APP Service or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
|e. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Software or SAAVI APP Service, features that prevent or restrict the use or copying of any content accessible through the Software or SAAVI APP Service, or features that enforce limitations on the use of the Software or SAAVI APP Service.
|f. You agree not to attempt to gain unauthorized access to the Software or SAAVI APP Service, or any part of it, other accounts, computer systems or networks connected to the Software or SAAVI APP Service, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Software or SAAVI APP Service or any activities conducted on the Software or SAAVI APP Service.
|g. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Software or SAAVI APP Service. You agree neither to modify the Software or SAAVI APP Service in any manner or form, nor to use modified versions of the Software or SAAVI APP Service, including (without limitation) for the purpose of obtaining unauthorized access to the Software or SAAVI APP Service.
|h. You agree that you will not use any robot, spider, scraper, or other automated means to access the SAAVI APP Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Software or SAAVI APP Service.
|i. You agree not to use any SAAVI APP logos, graphics, or trademarks without our express written consent.
|j. You agree not to make unsolicited offers, advertisements, proposals, or send spam to other Users of the Software or SAAVI APP Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures
|k. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or SAAVI APP Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
|l. You agree not to modify, adapt, translate or create derivative works based upon the Software or SAAVI APP Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
|a. SAAVI APP. You agree that SAAVI APP, in its sole discretion and for any or no reason, may terminate any User or customer account (or any part thereof) you may have at the Software or SAAVI APP Service or your use of the Software or SAAVI APP Service, and remove and discard all or any part of your account or any User Submission or Content, at any time, with or without notice. SAAVI APP may also in its sole discretion and at any time discontinue providing access to the Software or SAAVI APP Service, or any part thereof, with or without notice. You agree that any termination of your access to the Software or SAAVI APP Service or any account you may have or portion thereof may be effected without prior notice, and you agree that SAAVI APP shall not be liable to you or any third-party for any such termination. SAAVI APP does not permit infringing activities on the Software or SAAVI APP Service, and reserves the right to terminate access to the Software or SAAVI APP Service, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SAAVI APP may have at law or in equity.
|a. No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAAVI APP, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (INCLUDING, IF YOU DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE, APPLE, INC.) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAAVI APP OR THROUGH THE SOFTWARE OR SAAVI APP SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20 AND SECTION 21, THE TERM “SAAVI APP” INCLUDES SAAVI APP'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. You further acknowledge that SAAVI APP and its Affiliates (and if you downloaded the Software from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or SAAVI APP Service.
|b. “As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT THE USE OF THE SOFTWARE OR SAAVI APP SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE OR SAAVI APP SERVICE, SAAVI APP SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SAAVI APP SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
|c. Platform Operation and Content. SAAVI APP, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SAAVI APP MATERIALS, SAAVI APP SUBMISSIONS, SOFTWARE OR SAAVI APP SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
|d. Accuracy. SAAVI APP, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD PARTY SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
|e. Harm to Your Computer or Device. YOU UNDERSTAND AND AGREE THAT YOU IF YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SOFTWARE OR SAAVI APP SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SERVICES, IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
|a. Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAAVI APP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SAAVI APP MATERIALS AND SAAVI APP SUBMISSIONS ON THE SOFTWARE OR SAAVI APP SERVICE OR ANY THIRD PARTY SERVICES, THE SOFTWARE OR SAAVI APP SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH SAAVI APP, EVEN IF SAAVI APP OR A SAAVI APP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, SAAVI APP’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
|b. Limitation of Damages. IN NO EVENT SHALL SAAVI APP OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SOFTWARE OR SAAVI APP SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID SAAVI APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
|c. Third Party Services. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN SAAVI APP AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SOFTWARE OR SAAVI APP SERVICE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SERVICES.
|a. Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
|a. Acknowledgement. SAAVI APP and you acknowledge that these Terms are entered into solely between you and Us, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
|b. License to Software. Subject to all the terms and conditions herein, SAAVI APP hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Service and, if you have downloaded the Software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
|c. Acknowledgement. You acknowledge that Apple has no responsibility for addressing any claims relating to the Software or SAAVI APP Service or your possession and/or use of the Software or SAAVI APP Service, including but not limited to (i) product liability claims; (ii) any claim that the Software or SAAVI APP Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
|d. Express Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
|a. Notice. SAAVI APP may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Software or SAAVI APP Service. Notice will be deemed given twenty-four hours after email is sent, unless SAAVI APP is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Software or SAAVI APP Service. In such case, notice will be deemed given three days after the date of mailing.
|b. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law.
|c. Jurisdiction. You agree that the SAAVI APP Service shall be deemed solely based in Victoria, Australia and a passive service that does not give rise to personal jurisdiction over SAAVI APP, either specific or general, in jurisdictions other than the State of Victoria, Australia and that any action at law or in equity arising out of or relating to these Terms or the Software or SAAVI APP Service shall be filed only in the state courts in and for Victoria, Australia and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
|d. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of SAAVI APP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
|e. Severability.. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
|f. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SAAVI APP without restriction. Any assignment attempted to be made in violation of this Terms or Use shall be void.
|g. Independent Contractor.You agree that no joint venture, partnership, employment, or agency relationship exists between you and SAAVI APP as a result of these Terms or use of the Software or SAAVI APP Service. You further acknowledge that by submitting SAAVI APP Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and SAAVI APP other than pursuant to these Terms.
|h. Survival.The Sections entitled “Ownership; Proprietary Rights”, “SAAVI APP Submissions”, “Disclaimers; No Warranties”, “Indemnification; Hold Harmless”, “Limitation of Liability and Damages”, and “Miscellaneous” will survive any termination of these Terms.
|i. Headings. . The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
|j. Entire Agreement. This is the entire agreement between you and SAAVI APP relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by SAAVI APP as set forth in Section 3 above.
|k. Third Party Compliance. Your use of the Software or SAAVI APP Service must comply with applicable third party terms of agreement when you are using the Software and/or SAAVI APP Service.
|l. Third Party Software.. The Software may be distributed alongside certain third party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the Software in a manner consistent with these Terms is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
|n. Claims. YOU AND SAAVI APP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOFTWARE OR SAAVI APP SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
|o. Disclosures.The Software and SAAVI APP Service are offered by SAAVI Pty Ltd., email:firstname.lastname@example.org
Last Updated: 31 January 2019