Last Updated: October 3, 2016
PLEASE NOTE THAT THIS AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN THE COUNTY OF LOS ANGELES, CALIFORNIA, WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section of this Agreement for complete details.
(a) Subject to the terms and conditions of this Agreement, LDN grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application (in object code form only) and any motion pictures, television programs, audio, audiovisual and/or other content (“Content”) provided through the Application for personal, non-commercial purposes on devices that you own or control. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not entitle you to receive from us support, telephone assistance, or enhancements or updates to the Application. The terms of this Agreement will govern any upgrades provided by us that replace or supplement the original Application unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
(b) The license grant above includes the right to use documentation accompanying the Application for the sole purpose of using the Digital Service; (ii) the Application may NOT be modified; (iii) all copyright notices are maintained on the Application; and (iv) you agree to be bound by all the terms of this Agreement.
(a) You may not modify, adapt, copy, translate, create derivative works from, publish, display, disclose, license, sublicense, rent, lease sell, transfer, redistribute or otherwise commercialize the Application or any information, software or part associated with the Application. If you sell to a third-party the device(s) on which you have downloaded the Application, you must remove the Application from such device(s) before doing so.
(b) You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, reduce to human readable form, or otherwise attempt to derive source code from the Application, any updated, or any part thereof. You may not attempt to create the source code from the object code of the Application.
(c) You may only use the Application for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity. You may not sublicense or assign the license granted to you herein to use the Application;
(d) You may not remove, obscure or alter LDN or any third-party’s copyright notice, trademarks or other proprietary rights notices affixed for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. You shall not interfere or attempt to interfere with the operation of the Application or the Digital Service in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Application, the Digital Service or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Digital Service’s infrastructure.
(e) You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this Agreement. Your rights to use the Application are specified in this Agreement and all rights not expressly granted herein are reserved to LDN.
(f) You may not make any third-party software contained in the Application a standalone product;
(g) You may take any action that will infringe on the intellectual property or other proprietary rights of LDN or any third party software provider;
(a) LDN, its affiliates and/or their respective licensors own all right, title and interest in and to the Application, all Content and “Other Works” (meaning application code, text, images, data and other information, photographs, artwork, and illustrations) available through the Application, and all intellectual property rights appurtenant thereto. The Application and the Content are protected by copyright, trademark, and other intellectual property laws and by international treaties. You agree to abide by any and all copyright, trademark or other notices, information or restrictions displayed on the Application, Content or Other Works.
(b) This Agreement provides a license of the Application and not a sale. You acknowledge that you do not acquire any ownership rights by your permitted use of the Application, Content or Other Works available through the Application. You are responsible for complying with all applicable laws, rules and regulations regarding your use of the Application, Content, and Other Works. Any other use of the Application, Content or Other Works available through the Application by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this Agreement.
(d) Third-Party Software. There are software programs contained within the Application that have been licensed to LDN by third parties. The term “Application” as used herein shall refer to such third party software except where the term Application refers expressly to the ownership or other specific rights of LDN. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third party software program contained in the Application. Certain software programs specified in the licenses referenced in Section 17 (“Notices”) below may contain additional grants and/or restrictions.
(b) Third-Party Services and Material: The Application may contain links and pointers to third party sites, resources or material that are not owned or controlled by LDN or use social networking or sharing functions. Use of any third-party sites, services or material may require Internet access and that you accept terms of service and privacy policies from the third-parties. LDN has no control over, and assumes no responsibility for, any sharing functions or the material, privacy policies, or practices of any third party site, services or material. You are subject to the policies of those third parties where applicable. By using this Application, you expressly relieve LDN from any and all liability arising from your use of any share functionality or third-party site, service or material accessed from this Application. We encourage you to ask questions before you disclose your personal information to anyone. Links to and from the Application to third-party sites, service or material do not constitute an endorsement by LDN or any of its subsidiaries and affiliates of any third- party, its site, service, or material. LDN cannot guarantee, represent or warrant that the content contained in third-party sites or services is true, accurate, lawful and/or inoffensive. Third-party sites, services or material may not be available in all languages or in all countries. LDN makes no representation that such third-party sites, services or material are appropriate or available for use in any particular location. To the extent you choose to access any third party services or third party content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. LDN has no control over third-party sites or services, or the material within them. LDN does not warrant that any third-party site or service will be free of viruses or will not adversely impact your device. You should direct any concerns regarding any external link to its site administrator or webmaster.
Changes or Updates to Application; Termination
(a) LDN shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Application, including but not limited to any Content or features, without notice to you. LDN may also impose limits on certain features and services or restrict your access to parts or all of the Application with or without notice or liability.
(b) From time to time, LDN may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for an act on your part, or it may require you to manually download or consent to an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by LDN or otherwise. In certain instances, if you decline an Application update or upgrade, you may not be able to use or access the application or the Digital Service. You should periodically check whether an updated or upgraded version of the Application is available for download. Your ability to use the Digital Service is subject to your system compatibility with our Application as such requirements may change from time to time. Compatibility of system requirements with the Software is your responsibility.
(c) This Agreement is effective until terminated. Your rights under this License Agreement are terminable by LDN at any time without notice. You further agree that LDN may terminate this Agreement and your use of this Application, and/or exercise any other remedy available to it, if LDN reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of LDN or any third party, or for any reason with or without notice to you. You agree that LDN will not be held liable to you or any third party as a result thereof. Upon the termination of this License Agreement, all rights granted to you under this Agreement shall cease immediately and you shall cease all use of the Application and Digital Service and destroy all copies, full or partial, of the Software that you may have downloaded hereunder.
Wireless Access Charges
Certain Application functions may require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
Non-United States Residents & Export Control
LDN makes no representation that the Application is appropriate or available for use in locations outside the United States. Those who choose to access the Application from other locations outside of the U.S. do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable to your use of the Application. You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US export control laws.
U.S. Government End Users - “Commercial Items”
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Changes to Agreement; Electronic Notices
LDN reserves the right to make changes or amendments to this Agreement from time to time. Users will be notified of any changes by a notice in electronic form. LDN may provide electronic notices, at its sole option, either by posting the notice on a web or mobile page designated by us for this purpose. You agree to receive all notices of changes in this Agreement or any other notices or information regarding the Application in electronic form. The delivery of any notice is effective when posted or sent by us, regardless of whether you read the notice or actually receive the delivery. Your continued use of the Application after being notified of any changes constitutes acceptance of those changes.
If you have downloaded any Application from the Apple iTunes Application Store, the following additional terms apply to such Software:
You agree and acknowledge that Apple is not responsible for the Application and its content. In addition, your use of such Application downloaded from such location is limited to a non-transferable license to use the Application on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or Mac OS X (“Mac Computers”), as applicable (collectively “Apple Device(s)”) that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Moreover, you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple has no warranty obligation with respect to the Application and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is the responsibility of LDN. Please note that LDN has disclaimed all warranties (see section above).
Apple is not responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for any third-party infringement claims that the Application or your possession and use of the Application infringe a third party's intellectual property rights.
Third Party Beneficiary: LDN and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement with respect to any such Application, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof as set forth herein.
If you have downloaded any Application from the Google Play Store, the following additional terms apply to such Application:
Google has no obligation at all to provide any support of maintenance services in relation to the Application. If you have any maintenance or support questions in relation to the Application, please contact LDN, not Google, using the contact information below (in section 18).
Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Application are between you and LDN (and not between you, or anyone else, and Google); and
In the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the Application infringes any intellectual property rights, Google will not be responsible or liable to you in relation to that claim.
Contracting Party; Contact Information
The contracting party is Legendary Digital Networks, LLC. Any questions or inquiries regarding the Application or this Agreement should be directed as follows:
Legendary Digital Networks, LLC
2525 Naomi Street
Burbank, CA 91504
Email: [email protected]
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