These Terms were last updated on July 22th, 2015.
1. Acceptance of the Terms of Service. This is the terms of service agreement (the “Terms”) between you and Emidio Cesetti (“Emiut”, “we”, “us” and “our”), with office at 246A Lillie Road, London , SW6 7QA, United Kingdom, contact firstname.lastname@example.org . Emiut operates the website www.emiut.com (the “Site”) and the Emiut application. For purposes of these Terms, both the Site and application shall be referred to as the “App”. By using the App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the App.
You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App.
2. Information may not always be accurate. We use third parties, such as websites of Brand partners. We and our partners try to make sure that the data is correct and up-to-date, but we cannot guarantee that it will always be. Accordingly, we and our data providers do not accept any liability for any error or omission in the information available or the recommendations made through the App.
3. App maintenance. Making the app reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non peak times.
4. Intellectual Property. The App contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United Kingdom and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Emiut (“Emiut Trademarks”) used and displayed on the App are registered and unregistered trademarks or service marks of Emiut. Other company, product, and service names located in the App may be trademarks or service marks owned by third-parties (“Third-Party Trademarks”, and, collectively with Emiut Trademarks, “Trademarks”). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of Emiut specific for each such use. The Trademarks may not be used to disparage Emiut or the applicable third-party, Emiut’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Emiut’s prior written consent. All goodwill generated from the use of any Emiut Trademark shall inure to Emiut’s benefit.
You agree not to: (a) take any action that imposes an unreasonable load on the App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by Emiut or any other person or entity, or (e) frame or link to any of the materials or information available on the App.
Certain elements of the App are protected by trade dress, trademark, unfair competition, and other local laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content for the App may be retransmitted without the express written consent from Emiut for each and every instance.
The Digital Millennium Copyright Act of 1998 [GP1] (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see [http://www.loc.gov/copyright] for details). Notices and counter notices with respect to the Site should be sent to Emiut at:
Emiut – Emidio Cesetti
246A Lillie Road,
London, SW6 7QA
By Email: email@example.com
5. DISCLAIMER. EMIUT, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, “EMIUT PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF THE APP AND THE UNDERLYING SOFTWARE, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. EMIUT PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE APP AND THE CONTENT AT YOUR OWN RISK.
WHILST EMIUT WILL MONITOR THE APP AND AIM TO FIX BUGS THAT IT SPOTS OR THAT ARE MADE KNOWN TO IT, EMIUT PARTIES DO NOT WARRANT THAT THE APP OR UNDERLYING SOFTWARE WILL OPERATE ERROR FREE OR THAT THE APP, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR BUGS OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE APP OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO EMIUT PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EMIUT DOES NOT GUARANTEE THAT THE APP WILL WORK ALL THE TIME. EMIUT PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
EMIUt HAS TAKEN EVERY CARE IN THE PREPARATION IN THE CONTENT OF THE APP. EMIUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, AS TO THE ACCURACY OF ALL INFORMATION CONTAINED HEREIN.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY CITYMAPPER PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE APP AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A EMIUT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EMIUT IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY INFORMATION CONTAINED IN THE APP.
SOME STATES AND COUNTRIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES OR COUNTRIES, THE LIABILITY OF CITYMAPPER PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE ARE NOT ALLOWED TO EXCLUDE OR LIMIT LIABILITY FOR FRAUD, OR IN CONNECTION WITH THE CONDITION THAT WE WILL USE REASONABLE CARE AND SKILL IN PROVIDING THE APP, OR FOR ANY OTHER LIABILITY WHICH MAY NOT BY APPLICABLE LAW BE EXCLUDED OR LIMITED AND WE DO NOT DO SO AND ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER ARE NOT AFFECTED.
7. Indemnification. You agree to defend, indemnify, and hold harmless Emiuy Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content or the App. Emiut shall provide notice to you of any such claim, suit, or proceeding. Emiut reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Emiut’s defense of such matter.
8. Third-Party Websites. Hypertext links in the App may lead to websites which are not under operated and/or controlled by Emiut. Emiut accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by Emiut.
9. Privacy. Your access to and use of the App is also subject to Emiut’s Privacy and Cookies Policy, the terms and conditions of which are hereby incorporated by reference.
10. Termination of these Terms. Emiut reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the App or the Content at any time and for any reason without prior notice or liability. Emiut reserves the right to change, suspend, or discontinue all or any part of the App or the Content at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms: 4, 6, 7, 8, and 12.
11. Law and Jurisdiction. These Terms will be governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12. Miscellaneous. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Emiut to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Emiut unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Emiut and you, these Terms constitute the entire agreement between you and Emiut with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.