Terms and Conditions
MASTIN LABS . FILMBORN APPLICATION
END USER LICENSE AGREEMENT (EULA)
Update: October 18, 2016
Please read this End User License Agreement (EULA) carefully before clicking the “I Agree” button, and downloading or using the Filmborn Application (App). When you use the App, you are agreeing to abide by the terms and conditions of this EULA. If you do not wish to be bound by this EULA, then please do not download or use the App.
Restrictions on Use
Age. You must be 13 years or older to use our App.
Respect Our Hard Work. You agree not to take our idea and try to make it look like yours, which means you will not, by way of example, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party in a manner inconsistent with the terms of this EULA. You agree not to decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App. Nor will you make any modification, adaptation, improvement, enhancement, translation or derivative work from the App. You will not install, use, or permit any unpaid version of the App nor distribute the App over a network or other environment that allows access or use to any unpaid version(s) of the App by multiple mobile devices or users at the same time. You will not use the App to create a subsequent product, service, or software that is directly or indirectly competitive or a substitute for any service, product, or software offered by Mastin Labs. You will not use any proprietary information, materials, design or anything created by us without our prior written consent.
Respect Applicable Laws. You agree not to violate any applicable laws, rules or regulations related or directed to your access of use of the App. You agree you will not remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of our company [MastinLabs], Filmborn, or any affiliates, partners, suppliers or licensors of the App.
Your Content Your Responsibility. You are solely responsible for your conduct and any content you upload to, edit, or display with our App, including but not limited to, any data, text, fonts, overlays, information, graphics, profiles, files, images, photos, video, sounds, musical works, works of authorship, applications, links or any other materials (collectively Content).
Infringement. You agree that if a third party files a claim that your use of our App infringes upon their intellectual property rights, you and not Company, will be responsible for the investigation, defense, settlement, verdict, costs or discharge of any such claim. However, you will notify us immediately of any such claim in writing.
We do not claim any ownership rights over photos or content that you modify, edit, or change with our App. You retain all rights in, and are solely responsible for, the User Content you use with our App. You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, and distribute your User Content for the purpose of operating, developing, providing, and using our App. We reserve the right to remove or modify User Content for any reason, including User Content we believe violates any terms of this EULA, copyright or any other applicable laws, or any terms of our other agreements or policies.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any service to which it connects, with or without notice and without any liability to you.
We may, in our sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights granted to you with or without prior notice. If you fail to comply with the terms and conditions of this License, then this License and the rights granted to you hereunder shall terminate automatically, without any notice or other action by us. Upon termination of this License you shall cease using this App and uninstall it.
If you use our App for commercial purposes in a manner inconsistent with its design and purpose, as determined in our sole discretion, you agree to indemnify and hold Mastin Labs, officers, directors, its employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties) in any way related to your access and use of our App, your User Content, or your breach of this EULA or any of our other agreements or policies.
DISCLAIMER OF REPRESENATIONS AND WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE FILMBORN APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP IS AT YOUR SOLE RISK AND DISCRETION. WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES REGARDING THE FILMBORN APP, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESS OR OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE APP WILL CREATE ANY WARRANTIES.
LIMITATION OF LIABILITIES
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE COST OF THE APP AT TIME OF YOUR PURCHASE.