IiThumb END-USER LICENSE AGREEMENT
(V1.0 10 March 2012)
This License Agreement is a legal agreement between You (the “End-User” or “You”) and Torrskog Pty Ltd ACN 078 553 063 (the “Licensor” or “Torrskog”) of 14 Inchcape St, Fairfield Qld 4103, Australia. By downloading, installing, or using the iThumb software (the “Software”) or using or accessing the iThumb service (the “Service”), You agree to be bound by all terms and conditions of this agreement. (Collectively the Service and the Software shall be called hereinafter “iThumb” or the “Product”). Questions, complaints and comments regarding iThumb should be sent to email@example.com
or mailed to Torrskog Customer Services.
1. Use of the Products: iThumb grants you a non-exclusive, non-transferable license to use the Products and access the Services and the Content according to these Terms in connection with Apple-branded products owned or controlled by you which use Apple’s iOS operating system.
2. Registration and Use Requirements: To register for iThumb, personal data (username, phone number, age, gender and email address and a passcode know as a Swish Code) will be sent to our server.
3. Friends: We will ask you to submit a list of your friends (your name for them and their phone number). We will not use this for anything other than matching you up with them when/if they also install the app. Until they install iThumb, we will not contact them nor pass on any of their details to anyone for any reason – unless required by law.
4. In General Use: Your travel requests and offers (Travel Details) and feedback will be sent to and from a server; you will receive similar travel details from others. You choose the network of others that you wish to send to, namely your friends; or their friends too; or also other previous travel partners; you can even post onto a message board to be seen by anyone who has the app. Who you will receive messages from is also your choice. You will never receive messages/notifications from someone in a category you didn’t choose.
5. Gender: Some people will prefer to travel with someone of the same gender – for some it will not matter. For each trip you can submit this preference. You cannot choose a partner of the opposite gender.
6. Use of Your Data: Your personal information will NOT be shared with any iThumb Associates (Associates are not Content Providers but are any separate entity who, through agreement with Torrskog, could make use of data collected through your use of iThumb).
We will never share your name; your phone number; nor you email address – we will share nothing that will personally identify you to our Associates.
We may share the fact that someone is (or will be) travelling (or has travelled); the approximate path of the journey; an approximate time period for travel; age; and the gender of the person travelling. We will try and obtain product offers/rewards for you for sharing your journey. These offers will be made through iThumb via email. No third parties will be able to contact you directly.
We may also use your data for product improvement; to send you newsletters; and otherwise carrying on business.
Within every email you may be sent there will be an opportunity to be removed from the mailing list. When a reader “unsubscribes”, their details are removed from the email list as soon a practicable.
7. Location: In one form of use, iThumb includes a location-based feature (Locate). This means that information regarding your physical location (Location Information) will be communicated to another person. It is possible that your location information may be obtained and used by person/s for whom it is not intended. This would occur in a number of ways, including but not limited to (i) where the phone of a contact whom you have authorised to view your Location Information is accessed by another person; (ii) where a person accesses your phone and activates the Services without your knowledge. iThumb is passcode (Swish Code) protected to help overcome unauthorised access but it may happen. Please note that Locate requires both your and your Travel Partner’ permission for Locate to operate; that it will only operate for a maximum of 20 minutes – unless mutually extended; that You or your travel partner may turn off the Locate feature at any stage during its operation.
8. Waiver of Privacy Rights: Without limiting the foregoing, to the extent permitted by law, you waive all present and future rights of privacy in connection with your use of the Products and Services.
TERMS and CONDITONS
9. Acknowledgement: Where your Location Information and/or Travel Details are otherwise inadvertently disclosed to other unauthorised or unintended persons, including as a result of improper or unintended functioning of the Product.
It is possible that you may suffer loss or damage (including personal injury or property loss or damage) as a result of your use of the Products or the disclosure of your Location Information and/or Travel Details. Torrskog will not be held liable in any circumstances for any such loss or damage suffered by you (including in the event of negligence on the part of Torrskog).
Neither is Torrskog is a position to vouch for, or guarantee, the person/s you may be contacted by; choose to travel with; nor the journey or anything connected to do with the journey. You use iThumb at your own risk.
Without limiting the foregoing, Torrskog makes no representation, warranty or guarantee of any kind regarding iThumb or any Content, whether as to their functionality, reliability, timeliness, quality, suitability or fitness for any purpose, availability, accuracy, completeness or otherwise. These terms are not intended to exclude, restrict or modify any law in any relevant jurisdiction that cannot be excluded, restricted or modified. To the extent that Torrskog may incur a liability to you as a result of any such law, or any term, condition or warranty implied by any law, Torrskog’s liability will be limited to the re-supply of the Products or Services, or paying the cost of having the Products or Services re-supplied.
10. Use of the Products: iThumb grants you a non-exclusive, non-transferable license to use the Products and access the Services and the Content according to these Terms in connection with Apple-branded products owned or controlled by you which use Apple’s iOS operating system.
11. Restrictions on Use: Unless you have received prior written authorization from iThumb (or, as applicable, from the provider of particular Content), you must not:
(a) access or use iThumb or any Content through any technology or means other than those provided in iThumb, or through other explicitly authorised means iThumb may designate (b) copy, translate, modify, or make derivative works of iThumb, Content or any part thereof; (c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make iThumb or Content available to third parties; (d) reverse engineer, decompile or otherwise attempt to extract the source code of iThumb or any part thereof, unless this is expressly permitted or required by applicable law; (e) use iThumb in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data; (f) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in iThumb or the Content; or (g) use iThumb or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user’s sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behaviour.
12. Appropriate Conduct & Compliance with Law and iThumb Policies. You agree that you are responsible for your own conduct and content while using the Products, and for any consequences thereof. You agree to use the Products only for purposes that are legal, proper and in accordance with any and all applicable laws and these Terms and any applicable policies or guidelines iThumb may make available. By way of example, and not as a limitation, you agree that when using the Products or the Content, you will not: (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content; (c) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content; (d) upload, post, email, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements; (e) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Product policies or guidelines; (f) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner; (g) impersonate another person or entity, or falsify or delete any author attributions or proprietary designations or labels of the origin or source of Content, software or other material; (h) restrict or inhibit any other user from using and enjoying iThumb; (i) interfere with or disrupt iThumb, product, services or servers or networks connected to iThumb , or disobey any requirements, procedures, policies or regulations of networks connected to iThumb services; (j) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the iThumb services or Content, or collect information about users for any unauthorized purpose; (k) submit content that falsely expresses or implies that such content is sponsored or endorsed by iThumb; (l) create user accounts by automated means or under false or fraudulent pretences; (m) promote or provide instructional information about illegal activities; (n) promote physical harm or injury against any group or individual; or (o) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
13. Content: iThumb allows you to access and view other Content, including but not limited to Location Information of other persons, map and terrain data, and other related information provided by iThumb, its licensors, and its users. You understand and agree to the following: (a) Location data including Location Information provided by the Services is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Torrskog, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, location data or Location Information displayed by any Services.
(b) Map data and related Content is provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Content. (c) By using iThumb, you do not receive any, and Torrskog and/or its licensors and users retain all ownership rights in the Content. You may not use, access or allow others to use or access the Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Torrskog or by the owner of that Content, in a separate agreement.
14. Other Services: Acknowledge that certain Services require phone service, data access or text messaging capability. Except as otherwise noted, iThumbdoes not charge for the Services, but carrier rates for phone, data and text messaging may apply.
15. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16. Indemnity: You indemnify, and will keep Torrskog indemnified, against any cost, loss, damage or expenses of any kind suffered by Torrskog as a result of breach of these terms by you.
17. Disclaimers by Apple, Inc (“Apple”): This agreement is between you and I Torrskog, not with Apple. You must not use the Products or Services other than as permitted under the “Usage Rules set out in Section 9.b of the App Store Terms and Conditions. Apple has no obligation to support or maintain the Products or Services. In the event of any failure of the Product to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Product to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products or Services, and, subject always to these terms, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty or otherwise attributable to use of the Products or Services, and whether made or suffered by you or a third party, will be Torrskog’s sole responsibility. In the event of any third party claim that iThumb or the end-user’s possession and use of the iThumb infringes that third party’s intellectual property rights, Torrskog, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 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, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
18. Translations: Any translation of this Agreement is provided by Torrskog to You as a convenience only. You agree that the English language version of this Agreement and not its translation(s) will be: (a) legally binding on You; (b) will govern in the event of any discrepancy in meaning or conflict between the English language version and a translation.
19. Law and Jurisdiction: This agreement is made in, and will be subject to the laws of, the State of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Queensland with respect to disputes concerning this agreement.