PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THE SERVICE CAREFULLY BEFORE USING THIS WEB SITE OR OUR SMARTPHONE APPLICATION
BY ACCESSING OR USING THIS WEB SITE OR DOWNLOADING AND USING THE ACTIVEME SMARTPHONE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE ADVISED NOT TO ACCESS OR USE THIS WEB SITE OR ANY CONTENT OR SERVICES RELATED THERETO.
1. WEB SITE TERMS AND CONDITIONS OF USE
Welcome to ActiveMe (“Company,” “we,” or “us”), an online community allowing user to find, plan, map & share travel and outdoor activities using text, unique search filters, mapping technology, and digital photographs (“ActiveMe” or the “Service”). ActiveMe is operated by Ideal Outdoors Ltd. and is accessed through the company web site located at www.ActiveMe.ie (the “Web Site”) or through mobile devices via the ActiveMe smartphone “Apps”. Company provides the Web Site and the Service to you subject to the following Terms and Conditions of Use (“T&C”).
We reserve the right, at our discretion, to update or revise these T&C. Please check the T&C periodically for changes. Any changes or modification will be effective immediately upon posting of the revisions on the Web Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this site following the posting of any changes to the T&C constitutes acceptance of those changes. Therefore, you should frequently review the T&C and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Web Site. If you do not agree to the amended terms, you are not authorised to use the Site.
In addition, when using particular Company owned or operated services or Company software, you shall be subject to any license terms, posted guidelines or rules applicable to such software or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C.
1.1. Legal Age Requirement
There is no legal minimum age requirement to access and browse the web site or Apps; however, we do advise that anyone below the age of 18 should obtain parental consent in using our services, and for the submission of credit card information when placing an order. We strongly recommend that parents and guardians supervise their children’s use of the Web Site and Apps. Company reserves the right to terminate your membership for any reason, or no reason, at any time
1.2 ActiveMe Applications
Your use of the Service may involve the download, installation and use of certain software applications (the “Applications”). Your download, installation and use of any Applications is subject, and you hereby agree to, the Mobile Terms and Conditions of Use
1.3 ActiveMe Content, User Content and User Conduct
The Service includes content such as text, data, information, maps, pictures, video, GPS data, graphics, messages, and other data and materials that is posted by both ActiveMe and its users (the “User Content”). Company does not claim ownership of User Content you submit or make available for inclusion on the Service, except as specifically provided otherwise on the Web Site. However, you grant Company a worldwide, perpetual, irrevocable and fully sub-licensable, royalty-free, and non-exclusive license(s) to distribute, reproduce, sell, modify, adapt, publicly perform, publicly display and otherwise use and exploit in any manner or media such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
The Service utilises maps and images from Google, Inc. by permission and from Ordnance Survey Ireland (“OSi”) and Ordnance Survey Northern Ireland (“OSNI”) via the Land and Property Services (“LPS”) by Royalty License agreements.
All route measurements and alignments and point locations provided by the Service are approximate and do not represent absolute measurements, either in metric (km) or Imperial (miles) units. You acknowledge and agree that all measurements of routes that you view when using the Service are approximate.
You also acknowledge and agree that the routes and points you view when using the Service may not be accurate, safe, or free of physical obstacles, that access and trails might be blocked or otherwise dangerous, or that some areas, routes or other locations may not be open to the public, may be hazardous or may require permission of the relevant landowner to access the location.
You acknowledge and agree that the Company is not liable or responsible and makes no recommendations or warranties as to your health and safety, or for any mishap or accident you may incur from using the Service whether on public or private lands.
This Service should not be relied upon as a navigation tool. At all times, the Content should be used in conjunction proper map and compass navigation techniques. It is the responsibility of the user as an outdoors activity and travel participant to ensure that they adhere to all appropriate safety standards and that they are persons with the experience and capabilities to undertake these activities.
The Company disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the App and its Contents.
Whilst the Company endeavours to ensure that the information from ActiveME is correct, no warranty, express or implied, is given as to its accuracy and the Company does not accept any liability for error or omission.
1.4 Software License, Copyright & Ownership of Content
All Software material, information and content furnished by the Company are protected by copyright and other applicable and relevant laws. You agree that you will not reproduce, modify, decompile, disassemble or derive the source code for the Software, publish any performance or benchmark test or analyses relating to the Software of the use thereof.
1.5 Contributors (Web Site and App)
1.5.1 Third Party Content
The Service may provide third party content on the App and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not monitor or have any control over any Third Party Content or third party Web Sites.
The Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
1.5.2 User Content and Responsibility
You are solely responsible for any User Content you post. By using the Web Site, you acknowledge and agree that Company does not select, approve, endorse, or otherwise sanction any User Content posted by you or other users and that Company will not be responsible nor liable for such User Content or for any loss or damage that you have incurred as a result of the use of such User Content. In addition, Company is not liable for any mistakes, omissions, falsehoods, defamation, slander, libel, obscenity, pornography or profanity you may encounter. Your use of any Content is at your own risk. Although Company has no obligation to review, screen, edit or monitor any of the User Content posted on the Web Site, Company reserves the right, in its sole discretion and without any notice to you or other users, to remove, screen, edit, delete, disable access to or refuse any User Content posted on the Web Site for any reason whatsoever or for no reason.
You acknowledge and agree that ActiveMe and the Web Site are available for your personal, non-commercial use only. You represent and warrant that you have the full right and authority to post the User Content you post to the Web Site and that such User Content is accurate and not misleading, will not infringe or violate the rights of any third party, including, but not limited to, copyright, trademark, or intellectual property or rights of privacy or publicity, and will not violate the T&C or cause injury to any person or entity.
You acknowledge and agree not to collect personal information from other users, by manual or automated means, for any purpose, including sending unsolicited communication. Your use of the Web Site is limited to uses that will not damage, impair, or overburden the Web Site. You acknowledge and agree not to use or attempt to use another member’s account without authorisation from Company.
The information you post to the Web Site, including text, map information, links, locations, reviews and comments of existing content, locations, forum messages is displayed to the public in general. Users must exercise care and due diligence in disclosing personal information.
You also acknowledge and agree not to post User Content that:
promotes racism, bigotry, or hatred towards groups or individuals, or that Company deems to be inappropriate;
is unlawful, libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable
harasses or advocates harassment of another person;
contains or implies personal identifying information of a third party, including, but not limited to, name, email address, phone number, or home address;
displays obscene, pornographic or sexually explicit material of any kind;
contains any form of solicitation, including, but not limited to, unsolicited mass mailings or ‘spamming’;
contains software viruses or any computer code designed to interfere with the functionality of the Web Site or other users’ communications equipment;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or members;
contains any private or personal information of any third party, including, without limitation, addresses, phone numbers, email addresses, PPS numbers and credit card numbers;
is intended to deceive users or members into dangerous or unlawful activity or that would constitute, encourage or provide instructions for a criminal offense, violate any third party rights, or otherwise create liability or violate any local, state, national or international law;
impersonates any person or entity, misrepresents your affiliation with a person or entity or creates or attempts to create a false identity on the Web Site;
contains or displays copyright or trademark materials, or other proprietary materials owned by others.
Any use of the Web Site or the Service in violation of the foregoing violates the T&C and may result in, among other things, termination or suspension of your rights to use the Web Site and the Service. Enforcement of the user content or conduct rules set forth in this T&C is solely at Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Web Site will not contain any content that is prohibited by such rules.
You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable solicitor fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the T&C, or your violation of any rights of another.
1.6 Member Interaction and Disputes
You acknowledge and agree that your interaction with persons, individuals, other users, organisations, and other entities found on or through ActiveMe are solely between you and other persons, individuals, other members, organisations, and other entities. You acknowledge and agree that Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party have incurred from your interaction with such persons, individuals, other users, organisations, and other entities found on or through the Web Site. In case of a dispute between users of ActiveMe or other participants of the Web Site, or between users and any third party, you acknowledge and agree that Company is not liable, responsible, or otherwise legally accountable for such dispute nor is Company under any obligation to become involved in such disputes. You are solely responsible for your interactions with other ActiveMe users. Company reserves the right, but has no obligation, to monitor disputes between you and other users.
1.8 External Links
By using ActiveMe, you acknowledge and agree that the Web Site may contain links to other websites (“Linked Site”), which may change from time to time. You also acknowledge and agree that such Linked Site are independently owned and operated, and that their content is not controlled by Company. You also acknowledge and agree that Company is neither responsible nor liable for the content, accuracy, or opinions expressed and contained within Linked Site nor for any loss or damage that you may incur by any materials contained within Linked Site. Company does not monitor, investigate, nor check these Linked Site for accuracy. Company makes no claims nor warrants the truthfulness, legitimacy, completeness, or validity of the materials contained in such Linked Site. Inclusion of the Linked Site does not imply approval or endorsement of the materials contained in Linked Site by Company. Your use of these Linked Site will always be at your own risk and responsibility.
1.9 Clubs, Groups, Associations, Businesses and Activity Operators
Whilst all the Clubs, Groups, Associations, Businesses and Activity Operators listed on the Web Site generally operate according to which is accepted as current best practice, it is the responsibility of the User to ensure that each are credible and all appropriate safety standards are adhered to. The Company have, nor assume, any responsibility for the services provided, the accuracy or the completeness of the information supplied or the level of care afforded by any of the Clubs, Groups, Associations, Businesses or Activity Operators listed on this website.
1.10 Fees and Payment Terms
Prices, products and services offered are subject to change without prior notice from time to time at our discretion upon posting by ActiveMe on the Web Site or App.
You hereby agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes, duty imports, value-added taxes and customs clearance, if any. Payment terms will be via online PayPal/credit card transactions, other methods, or unless otherwise stated. We reserve the right to refer to your credit card provider. ActiveMe will not be held liable for any losses you may suffer as a result of unauthorized use of your PayPal account or credit card details by any other party. An electronic sales order confirmation will be sent to your email address once your order has been processed.
1.11 Premium Membership Accounts
Certain content on this site is only accessible to members who have paid an annual subscription (Premium Membership) or bought an individual Premium Guide. This content is for the personal use of the account holder only. You must not share your account details with anyone else or distribute our Premium Guides to third parties without our consent.
For the purposes of this agreement, the account holder is an individual or, if specified in the membership account, two people living at the same address. As a Premium account holder, an individual can list their business for advertising purposes.
1.11.1 Fee, Payment and Purchases
1. All prices and charges on this site are shown in Euro. They include any VAT payable.
2. The total cost of your order will be set out clearly in your shopping basket before you submit your order.
3. Prices, offers and products are subject to availability and may change before we accept your order.
4. All products available for download remain the property of their respective owners. Through your purchase you obtain a licence to use those products solely for your own personal use.
5. There is no delivery charge for subscriptions or electronic downloads.
6. The purchase and payment for Premium Guides and upgrade to Pro App will be processed in-App by the appropriate mobile store (App Store for iPhones and Google Play for Android). Prices for Web Site and in-App Premium Guides differ slightly due to the commission charged by these mobile App stores.
7. The cost of delivery within Ireland is calculated when you complete your order and before you make payment. Where stated in the product description delivery to the UK mainland may be included. For deliveries outside Ireland we will advise you of the cost before despatch and give you the option to cancel your order, should you not wish to pay the delivery charge.
8. Delivery times are calculated in working days – i.e. Monday to Friday inclusive. Postal and courier deliveries within Ireland should arrive within 10 working days of placing your order.
9. We do everything we can to meet the specified delivery times. Occasionally delivery times may be affected by factors beyond our control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
1.12 Proprietary Rights; License to Use Web Site
Unless otherwise indicated in the Web Site, the Web Site and all content and other materials on the Web Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by Irish and international copyright laws.
You are granted a limited, non-sub licensable license to access and use the Web Site and Apps, and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to the T&C and does not include: (a) any resale or commercial use of the Web Site or the content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Web Site and the content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Web Site, the content or any information contained therein, except as expressly permitted on the Web Site; or (g) any use of the Web Site or content other than for its intended purpose. Any use other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will violate the T&C and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the T&C shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise. This license is revocable at any time.
1.13 Repeat Infringer Policy
In accordance with applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, subscribers or account holders who are deemed to be repeat T&C infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
1.14 Copyright Complaints
If you believe that anything on the Web Site infringes upon any copyright which you own or control, you may file a notification of such infringement with email@example.com.
ActiveMe, Ideal Outdoors Ltd., the Company logo and any other product or service name or slogan contained in the Web Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look, feel and operation of the Web Site and Apps, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
1.16 Limitation of Service
You acknowledge and agree that Company may establish limits concerning the use of the Web Site, including but not limited to the maximum amount of saved User Content. You acknowledge and agree that Company has no responsibility or liability for the deletion or failure to store any User Content that you transmitted to the Web Site. You acknowledge and agree that Company reserves the right to modify, suspend, or discontinue ActiveMe or the Web Site at any time for any reason with or without notice and that Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any modification, suspension, or discontinuance of ActiveMe or the Web Site.
1.17 Termination of Service
You acknowledge and agree that Company, in its sole control and discretion, has the right to edit, delete, or deactivate your account, block your IP address, or otherwise interfere, restrict, or terminate your access to parts or all of the Web Site immediately and without notice or liability to Company for any reason or for no reason. You also acknowledge and agree that Company may change, suspend, or discontinue any and all aspects of the Web Site at any time, without notice, including the availability of any feature or User Content. You also acknowledge and agree that Company shall not be liable to you or any third party for any such interference and termination of your access to the Web Site. Company assumes no responsibility and will not be liable for network hardware or other technical failure that may affect or disable any user’s computer system which arises from the use of the Web Site.
1.18 Routes and Measurements
The Web Site utilizes maps and images from Google, Inc. by permission. All route measurements provided by the Web Site are approximate and do not represent absolute measurements, either in metric (km) or English (miles) units. You acknowledge and agree that all measurements of routes and locations of points that you create or view when using the Web Site are approximate. You also acknowledge and agree that the routes or points you create or view when using the Web Site may not be accurate, safe, or free of physical obstacles, that trails might be blocked or otherwise dangerous, or that some areas may not be open to the public or may be hazardous. The company recommends at all times to receive any consent required to access private lands. You acknowledge and agree that Company is not liable or responsible and makes no recommendations or warranties as to your health and safety, or for any mishap or accident you may incur from using ActiveMe or the Web Site. Company disclaims any express or implied warranties for the security, reliability, timeliness, accuracy, or performance of the Web Site and its Contents.
1.19 Advertisements and Promotions; Third-Party Products and Services
Company may run advertisements and promotions from third parties on the Web Site or may otherwise provide information about or links to third-party products or services on the Web Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third party information on the Web Site.
1.20 Registration Data; Account Security
In consideration of your use of the Web Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security and confidentiality of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
1.21 Medical Disclaimer
By using ActiveMe, the Web Site and Apps in planning a physical activity, you attest and verify that you are physically fit and have sufficiently experienced or trained for the completion of routes or journeys. You also attest and acknowledge that your physical condition has been verified by a licensed medical doctor. You, the user, for yourself, your heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, claims or courses of action you have or may have against Company, its agents, employees, officers, directors, successors and assigns, and representatives that may arise as a result of your use of ActiveMe.
1.22 General Disclaimer; Limitation of Liability
You acknowledge and agree that the use of ActiveME and the web site is entirely at your own risk and that the web site and the service are provided to you “as is” without any express or implied warranties company does not represent or warrant that materials in the site or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components.
In no event shall company, its directors, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the web site, the services, the content or the site materials contained in or accessed through the web site, including without limitation any damages caused by or resulting from reliance by user on any information obtained through the web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance. In no event shall the aggregate liability of company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site exceed any compensation you pay, if any, to company for access to or use of the web site.
1.23 Governing Law; Jurisdiction
These Terms of Service are governed by the laws of Ireland and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
MOBILE TERMS AND CONDITIONS OF USE
2. END USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS EULA CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF ACTIVEME APPLICATIONS (THE “APP”) WHICH ARE LICENSED TO YOU BY IDEAL OUTDOORS LTD., T/A ACTIVEME (“COMPANY,” “WE,” OR “US”). BY DOWNLOADING OR OTHERWISE ACCESSING ANY APP OR BY USING THE ACTIVEME WEB SITE (THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA WITH RESPECT TO SUCH APP. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONSENTS, DO NOT DOWNLOAD OR USE ANY APP.
2.1 License. Subject to the terms and conditions in this EULA, we grant you a non-exclusive, non-transferable license to install and use a copy of the App in object code form only, solely for your personal, non-commercial use in connection with the Service. Any App that updates, supplements or replaces the original App is governed by this EULA unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this EULA or as otherwise provided in such separate terms.
2.2 License Limitations. The preceding states the entirety of your rights with respect to the Applications, and we reserve all rights not expressly granted to you in this EULA. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) license or sell the App, (b) distribute the App except as expressly authorized by Company; (b) use the App for any purpose other than your personal, non-commercial use; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for the App; (d) modify, alter or create any derivative works of the App; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App.
2.3 Terms of Service. You agree to be bound by the terms and conditions set forth in the ActiveMe T&C, which can be viewed at http://www.ActiveMe.ie/T&C.php.
2.4 Ownership. The App is the valuable property of Company and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Apps, including all copyright and other intellectual property rights.
2.5 Disclaimers. The apps are provided to you free of charge. Accordingly, the apps and the web site are provided “as is,” with all faults, defects and errors, and without warranty of any kind. The Company does not warrant that the Apps or the Web Site will be free of bugs, errors, viruses or other defects, and company shall have no liability of any kind for the use of or inability to use ActiveME Apps or any other product or service associated therewith.
2.6 Limitation of Liability. To the fullest extent permitted by applicable law, in no event will company or its licensors be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Apps, the web site or this Eula, whether based on contract, tort (including negligence), strict liability or other theory, even if company has been advised of the possibility of such damages.
2.7 Termination. Company may terminate this EULA and any user accounts opened in connection with your use of the Apps at any time for any reason or for no reason immediately upon notice. Upon such termination, you agree not to download, copy, install or use the App (including any subsequent version of the App) or register for any new user accounts. Company may also discontinue the Service, in which case this EULA shall terminate automatically without notice. In the event of the termination of this EULA for any reason: (a) the license granted to you in this EULA will terminate; (b) you must immediately upon receiving any notice of termination cease all use of the App and destroy or erase all copies of the App in your possession or control; and the following sections shall survive any such termination: Terms of Service, Ownership, Disclaimers, Limitation of Liability, Termination, Governing Law; Jurisdiction and General.
2.8 Governing Law; Jurisdiction. This EULA is governed by the laws of Ireland.
2.8.1 General. (a) If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA will remain in full force and effect. (b) You may not assign any of your rights under this EULA without the prior written consent of Company, and any attempted assignment without such consent shall be void. (d) This EULA sets forth our entire agreement with respect to the Applications and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. No amendment, modification or waiver of any of the provisions of this EULA will be valid unless set forth in a written instrument signed by the party to be bound thereby.
2.9 ADDITIONAL EULA TERMS APPLICABLE TO IPHONE APPLICATIONS
Notwithstanding anything to the contrary in the EULA set forth above, the following additional terms shall apply to any Applications downloaded for use on the iPhone:
2.9.1 Acknowledgement: You and Company acknowledge that this EULA is concluded solely between you and Company, and not with Apple, and Company, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive.
2.9.2 Scope of License: The license granted to you is limited to a non-transferable license to use the App on any iPhone that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
2.9.3 Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
2.9.4 Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty is the sole responsibility of Company. However, you understand and agree that in accordance with the EULA, Company has disclaimed all warranties of any kind with respect to the App, the Site and the Service, and therefore, there are no warranties applicable to the App.
2.9.5 Product Claims: The parties acknowledge that to the extent applicable, Company, and not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
2.9.6 Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the App or the end-user’s possession and use of that App infringes that third party’s intellectual property rights, Company, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Developer Name and Address: Any end-user questions, complaints or claims with respect to the App should be directed to:
2.9.7 Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
ActiveME is published by Ideal Outdoors Ltd, 42 Ross Road, Killarney, Co. Kerry. Company registered in Ireland CRO No: 494675, VAT No: 9777586A