The following Part I - General Terms and Conditions (the “General Terms”) and the terms of Part II - Privacy Policy (the “Privacy Policy” and collectively with the General Terms, referred to as the “Terms”) set out herein form a binding agreement (the “Agreement”) between you (“you” or “User”) and LiveRank Data Inc. (“LiveRank”). By using LiveRank’s mobile application PLAYRANK™ (the “Application”), and all associated services, you agree to abide by the Terms set out herein. If you do not agree to the General Terms or Privacy Policy contained herein, you may not use the Application or any related service.
REGISTRATION
Certain services and related features of the Application may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that you are responsible for maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription through the Application and all activities that occur under such password or account. LiveRank shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms.
USAGE
The Application is available via a mobile device. To use the Application you must have a mobile device that is compatible with the Application. LiveRank does not warrant that the Application will be compatible with your mobile device. LiveRank grants to you a non-exclusive, non-transferable, revocable license to use the Application for your own personal use.
You may not:
- modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party;
- make any copies of the Application;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or
- delete the copyright and other proprietary rights notices on the Application.
You acknowledge that LiveRank may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and LiveRank or its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy thereof). You agree to comply with all Federal and Provincial laws related to use of the Application. Standard carrier data charges may apply to your use of the Application.
APP STORE LICENSE TERMS
If you download the Application through or from the Apple iTunes App Store (the “App Store”) where the Application is made available, then you acknowledge and agree that these Terms are concluded between you and LiveRank, and not with the App Store, and that LiveRank (not the App Store) is solely responsible for the Application.
The App Store has no obligation to furnish any maintenance and support services with respect to the Application.
The App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and 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.
In the event of any third party claims that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, LiveRank will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims to the extent required by these Terms.
The App Store is a third party beneficiary of these Terms as related to your license of the Application, and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as third party beneficiary thereof.
You must also comply with all applicable third party terms of service when using the Application.
By using the Application 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.
You may contact LiveRank at info@PlayRank.com with any questions, complaints, or claims at the contact information set out herein or available within the Application.
USER CONDUCT
You are authorized to use the Application only for your own personal and non-commercial use. In consideration of your use of the Application and any related services, you agree to comply with all applicable laws and regulations and these Terms when using the Application. You acknowledge that LiveRank may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
By using the Application, you agree not to:
- Post, transmit, link to, or otherwise distribute any materials, information or content that constitutes, advocates or encourages conduct that is a criminal offence or would give rise to civil liability, or otherwise use the Application in a manner contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Application, related service or the Internet;
- Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including, without limitation, rights relating to privacy and publicity;
- Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
- Post, transmit, link to, or otherwise distribute any information, materials, or content (including for greater certainty, software) which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.
LIVERANK DATA
"LiveRank Data” means any information relating to your use of the Application which LiveRank collects, receives or generates either directly through your use of the Application or from a third party source. LiveRank shall at all times be the sole and exclusive owner of any LiveRank Data.
CONTENT SUBMISSIONS
The Application may offer interactive features including, but not limited to ratings, comments, photo submission and location checkins, that allow you to submit materials on areas of the Application and related services that are accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
You agree that by uploading or submitting any information to us through any other content generating or submitting tool, you have obtained all necessary rights and licenses to such materials. In addition, you automatically grant (or warrant that the owner of such material expressly grants) LiveRank a worldwide, perpetual, royalty-free, non-exclusive right and license to use such materials in any manner, media, or technology, including, but not limited to, all forms of wireless and online technology, now known or later developed without any compensation or obligation to you. LiveRank maintains the right, but no obligation, to monitor any materials submitted by you or otherwise available on the service, to investigate any reported or apparent violation of these Terms, and to take any action that we in our sole discretion deem appropriate, including, without limitation, termination hereunder.
SESSION AND USAGE DATA
“Session and Usage Data” is collected anonymously and includes, without limitation, all connection and service related data submitted to us through your use of the Application relating to the connection request, server communication and data sharing, including network measurements, quality of service, date, and time. Session and Usage Data does not include Personal Information, as described below, or content you may share through the Application. We use Session and Usage data to improve the functionality and features of the Application.
LINKED CONTENT
Please exercise discretion while browsing the Internet and using the Application. Please note that certain links available through the Application may take you to other websites. We provide these links only as a convenience and not as an endorsement by LiveRank. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We are not responsible for the content of any such linked sites or any other web page which is not a part of the Application. Unless otherwise expressly provided, we make no representation or warranty regarding, and do not endorse, any linked site or the information, products, or services appearing thereon. Accordingly, you agree that we will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from the Application.
DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties found on or through the Application, including payment for an delivery or related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. We assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with such transactions shall be yours alone. You agree that we shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
TERMINATION
LiveRank has the right to immediately terminate or suspend any passwords or accounts in the event of any conduct which LiveRank, in its sole discretion, considers unacceptable, or in the event of any breach of these Terms.
DISCLAIMER
THE APPLICATION IS PROVIDED BY LIVERANK “AS IS” AND “AS AVAILABLE” BASIS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless LiveRank and any officers, directors, employees, affiliates and agents thereof (“Related Parties”), including all third parties accessed through the Application, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: any breach by you of these Terms; your access and interaction with the Application; and your use or reliance on, or publication, communication or distribution of anything on or from the Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT SHALL LIVERANK, INCLUDING ANY RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS GOODWILL, OR OTHER INTANGIBLE LOSSES. REGARDLESS OF WHETHER LIVERANK IS ADVISED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE APPLICATION; ANY UNAUTHORIZED ACCESS TO OR MODIFICATION OF ANY OF YOUR CONTENT OR TRANSMISSIONS OR ANY OTHER MATTER RELATING TO THE APPLICATION.
You expressly agree and acknowledge that the Application and all associated content and services are made available to you in reliance upon the limitations and exclusions of liability set forth herein, and that the same form an essential basis of the bargain between you and LiveRank. You expressly agree that the limitations and exclusions of liability and disclaimers set out in these Terms survive and continue to apply in the even of a fundamental breach or breaches, the failure of the essential purpose of the contract, the failure of any exclusive remedy or termination of this Agreement.
GOVERNING LAW
These terms shall be governed by and construed under the laws of British Columbia, Canada. Any suit, action or proceeding arising from or relating to these Terms must be brought, solely and exclusively, in the city of Vancouver, British Columbia, Canada and you irrevocably consent to the jurisdiction and venue of any such court in any such suit, action or proceedings and you will not object to such venue.
MONITORING
You acknowledge that LiveRank has no obligation to monitor the Application or any content accessible through the Application or any other related service. However you agree that LiveRank has the right to monitor the Application electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or governmental request, to operate the Application or any related services properly, or to protect itself or users in accordance with these terms or any applicable laws.
MODIFICATIONS
LiveRank reserves the right, in its sole discretion, to add to, remove, modify, or otherwise change any part of these Terms, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted through the Application. Please check these Terms regularly for updates. If any change is not acceptable to you, you must discontinue your use of the Application and any related services immediately. Your continued use of the Application or any related services after any such changes are posted will constitute acceptance of those changes. Further, we reserve the right to change, modify, suspend or discontinue any aspect of the Application and associated services from time to time without notice or liability and for any reason whatsoever.