APP DUDES™ WEBSITE TERMS AND CONDITIONS
Last updated: August 31, 2016
Please read the following carefully before you use and/or browse any of our websites and related services with respect to the APP DUDESTM App (“Service(s)”).
YOU AGREE TO BE RESPONSIBLE FOR COMPLYING WITH ANY TERMS BETWEEN YOU AND THE APP STORE YOU USE TO DOWNLOAD THE APP DUDES™ APP. THE APP DUDES™ APP AND ANY CONTENT ACCOMPANYING THE APP IS THE PROPERTY OF TOY ISLAND AND ITS LICENSORS.
You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
WE CAN SUSPEND OR TERMINATE THIS LICENSE AND YOUR RIGHT TO USE THE SERVICES AND THE APP DUDES™ APP IF YOU BREACH THESE LICENSE TERMS OR ENGAGE IN CONDUCT WE DEEM INAPPROPRIATE IN OUR SOLE DISCRETION.
This license agreement (App License) is a legal agreement between you (you) and Toy Island (USA) LLC of 1359 Broadway, 9th Floor, New York, NY 10018 (Toy Island, us or we) that covers your use of:
- the mobile application for iPhone or Android mobile or any other similar devices (Devices) (as selected by you) known as APP DUDES™ App and the data, content, music, graphics or other content supplied with it; and
- unless otherwise specified on our website, any other mobile application for the Devices provided by Toy Island and made available for download generally (Additional Apps) (together the APP DUDES™ App and any Additional Apps are referred to as the Apps, and any one of the Apps is referred to as an App); and
- online OR electronic documents accessible from our website or via the Apps (Documents).
You can use the selected Apps and Documents on the basis of this App License. We do not sell any Apps or Documents to you and you do not own them or any part of them. We (or, where applicable, our licensors) remain the owner of the Apps and Documents at all times.
UNLESS OTHERWISE SPECIFIED IN THE DOCUMENTS, THE APP REQUIRES EITHER AN IPHONE 5, 5S, SE, 6, 6S OR A SAMSUNG GALAXY S5, S6,6 EDGE.
IMPORTANT NOTICE TO ALL USERS:
- BY accessing or using the Service (including browsing any of our website(s) or accessing any contents thereof) and/OR DOWNLOADING THE APP DUDES™ APP YOU AGREE TO THE TERMS OF THIS APP LICENSE WHICH WILL BIND YOU (AND IF YOU ARE A BUSINESS, YOUR EMPLOYEES). THE TERMS OF THIS APP LICENSE INCLUDE, IN PARTICULAR, LIMITATIONS TO OUR LIABILITY IN CONDITION 7 AND CONDITION 8 BELOW.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS APP LICENSE, WE WILL NOT LICENSE ANY APPS OR DOCUMENTS TO YOU AND YOU MUST STOP USING THE SERVICES AND ANY TOY ISLAND APPS THAT YOU HAVE ALREADY DOWNLOADED AND IMMEDIATELY DELETE THEM FROM YOUR DEVICE.
APP STORE RULES
- THE APP STORE YOU USED TO DOWNLOAD THE APP MAY HAVE ITS OWN TERMS. WE ARE NOT RESPONSIBLE FOR THESE TERMS AND YOU SHOULD READ THOSE TERMS AND CONDITIONS CAREFULLY.
- SOMETIMES, WE MAY NEED YOU TO INSTALL A NEW VERSION OF THE APP. IF WE DO, THE OLD VERSION MAY NO LONGER WORK. DEPENDING ON THE UPDATE, YOU MAY NOT BE ABLE TO USE THE APP OR YOUR USE OF THE FULL FUNCTIONALITY OF THE APP MAY BE AFFECTED UNTIL YOU HAVE ACCEPTED A NEW VERSION OF THIS APP LICENSE. WE WILL NOTIFY YOU BEFORE YOU DOWNLOAD THE NEW VERSION OF THE APP OR ON OPENING THE NEW VERSION OF THE APP IF THE TERMS OF THIS APP LICENSE HAVE CHANGED.
1. Your use of our App
2. Grant and scope of license
2.1 In consideration of you agreeing to the terms of this App License and payment (if applicable) of the relevant App download fee, we grant to you a non-exclusive, non-transferable license to use the Services and APP DUDESTM App on the terms of this App License.
2.2 You may:
(a) download, install and use the APP DUDESTM App on your personal device only for personal, non-commercial use;
(b) receive and use any free supplementary software code or updates of the APP DUDESTM App incorporating “patches” and corrections of errors, or any new versions of the Apps, as may be provided by us from time to time. Please note that if we notify you that an update or new version of any App is available, you must download it or the App may not work as you expect (and we will have no responsibility for your failure to download the update or new version).
Except as expressly set out in this App License or as permitted by any local law, you undertake (agree and promise):
(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any Services, APP DUDESTM App or affiliated Documents;
(b) not to make alterations to, or modifications of, the whole or any part of any Services, APP DUDESTM App, nor permit any App or any part of any APP DUDESTM App to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of any APP DUDESTM App and/or Services;
(d) if you are a business, to supervise and control use of the APP DUDESTM App and the Services and ensure that the App and the Services is used by your employees and representatives in accordance with the terms of this App License;
(e) to include (or not remove as appropriate) our copyright notice on all entire and partial copies you make of the APP DUDESTM App (or any materials accessed via it) and the Services on any medium and to include any proprietary notices which we notify you to use from time to time in respect of third party content;
(f) if you are a business, not to provide or otherwise make available any APP DUDESTM App and/or the Services in whole or in part in any form to any person other than your employees without prior written consent from us;
(g) not to use any images, graphics, music or other content accessed or downloaded from any website or with the Software or Documents for any other purpose other than for use in accordance with any instructions provided or for use within the Software;
(h) not to use the APP DUDESTM App and/or the Services to provide any white labelled or competing products or otherwise imply or present the Apps in such a way as to imply or suggest that we endorse your products or that the APP DUDESTM App and/or the Services is your own.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the Services and APP DUDESTM App anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Apps are licensed (not sold) to you, and that you have no rights in, or to, the Software, Services or APP DUDESTM App other than the right to use them in accordance with the terms of this App License.
5.2 You acknowledge that you have no right to have access to the Apps and/or our website in source code form or in unlocked coding or with comments.
5.3 The integrity of the Services and APP DUDESTM App is protected by technical protection measures (TPM) so that the intellectual property rights, including copyright, in the Apps are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorized removal or circumvention of such TPM.
6.1 We may, using technical means to disable your access to core functionality within the relevant App by suspending or terminating your right to use the Services and App at any time if, in our opinion, you have failed to comply with any of the provisions of this App License or our Terms and Conditions.
7. Exclusion of warranties
7.1 The Services and APP DUDESTM App is provided to you on an “as is” basis. We do not warrant or provide any guarantees that the APP DUDESTM App or Documents will meet your requirements or that the operation of the App will be uninterrupted or error-free or that defects in the App will be corrected.
7.2 If the Services and APP DUDESTM App (or any element of any App) fails to function as you expect, your sole remedy will be to cancel your license to use the relevant App and no longer use it.
7.3 Nothing in this clause affects your rights as a consumer.
8. Limitation of liability
8.1 You acknowledge that the Services and APP DUDESTM App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meets your requirements.
8.2 We only supply the Services and APP DUDESTM App for your own personal use and you agree not to use any App for any re-sale purposes or to provide a bureau or outsourced service to any third party.
8.3 We shall not under any circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this App License and Services, including without limitation for:
(a) damages, losses or expenses of whatever nature;
(b) loss of profits, sales, business, or revenue;
(c) business interruption;
(d) loss of anticipated savings;
(e) loss or corruption of data or information;
(f) loss of business opportunity, goodwill or reputation; or
(g) any indirect or consequential loss or damage.
8.4 Nothing in this App License shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable U.S. state or federal law.
8.5 This App License sets out the full extent of our obligations and liabilities in respect of the supply of the SERVICES, APP DUDESTM App and Documents. Except as expressly stated in this App License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the SERVICES, APP DUDESTM App or Documents that might otherwise be implied into, or incorporated in, this App License whether by statute, common law, Uniform Commercial Code or otherwise, is excluded to the fullest extent permitted by law.
9.1 You may terminate this Service and/or App License at any time by deleting it from your Device and no longer using it.
9.2 Upon termination for any reason:
(a) all rights granted to you under this App License shall cease;
(b) you must immediately cease all activities authorized by this App License.
10. Communications between us
10.1 Any notice given by you to us, or by us to you, will be deemed received and properly served three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the U.S. mail and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10.2 Our address for notice is:
Toy Island (USA) LLC
1359 Broadway, 9th Floor,
New York, NY 10018
Attention: Pat Johnson
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this App License that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in 11.2.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks, mobile or otherwise.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this App License:
(a) our obligations under this App License will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavors to find a solution by which our obligations under this App License may be performed despite the Event Outside Our Control.
12. Additional terms
12.1 We may transfer our rights and obligations under this App License to our affiliates or to another organization, but this will not affect your rights or our obligations under this App License.
12.2 You may only transfer your rights or your obligations under this App License to another person if we agree to the transfer in writing.
12.4 If we fail to insist that you perform any of your obligations under this App License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.5 Each of the conditions of this App License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.6 Please note that this App License, its subject matter and its formation, and any dispute, claim or controversy arising out of or relating to this App License, is governed exclusively by the laws of the State of New York, without regard to conflict of law principles and You and we both agree to submit to the exclusive jurisdiction of the courts of the State of New York to settle any claim, dispute or controversy.