Subject to these Terms, oodl grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad, or iPod Touch (each a "Device") owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms ("User License"). Any use of the Application in any other manner, including without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application ("Content") is prohibited. This agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms will apply.
Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the oodl Policies. In no event may the Application by used in any manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the right of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or any other means to access the Application, oodl Website, or Content that is not authorized by oodl; (d) use or launch automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, oodl Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to oodl computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair oodl servers or network; or (j) fails to comply with applicable third party terms (collectively "Acceptable Use"). oodl reserves the right, in its sole discretion, to terminate any User License, remove Content or assert legal action with respect to Content or use of the Application that oodl reasonably believes is or might be in violation of these terms of Acceptance Use or oodl Policies, but oodl failure or delay in taking such action does not constitute a waiver of its right to enforce these Terms.
At oodl request, the User agrees to defend, indemnify, and hold harmless oodl and its officers, employees and contractors, officers from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees) that arises from the User's use or misuse of the Application, violation of these Terms or violation of any rights of a third party. oodl reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
oodl is providing the application to the user "as is" and the user is using the application at his or her own risk. To the fullest extent allowable under applicable law, oodl disclaims all warranties and conditions, whether express or implied, including any warranties or conditions that the application is merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws applicable to the user or that user information transmitted in connection with the application will be successfully, accurately or securely transmitted.
To the fullest extent allowable under applicable law, in no event shall oodl (a) be liable to the user with respect to use of the application; and (b) be liable to the user for any direct, indirect, special, incidental, consquential, or exemplary damages, including without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, the inability to use the application or device failure or malfunction. The user's sole remedy is to cease use of the application. To the fullest extent allowable under applicable law, in no event (but sibject to the maximum extent permitted by applicable law) shall the agreegate liability of oodl, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or compensation the user pays, if any, to oodl for access to or use of the application during the six months period immediately prior to the event giving rise to such liability. Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified to a limited extent. These terms must read subject to these statutory provisions. If these statutory provisions apply, to the extent to which oodl are able to do so, the liability of oodl and its affiliates under those provisions will be limited, at its option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
oodl, the oodl logo, and other oodl trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of oodl (collectively "oodl Marks"). Other trademarks, service marks, graphics and logos used in connection with the Application are trademarks of their respective owners (collectively "Third Party Marks"). The oodl Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of oodl or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and the other proprietary rights, and also may have security components that protects digital information only as authorized by oodl or the owner of the Content.
These Terms are governed by the laws of South Australia, without regard to conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of South Australia for purpose of any legal action arising out of or related to the use of the Application or these Terms.
oodl reserves the right to change or modify these Terms or any other oodl policies related to use of the Application at any time and at its sole discretion by posting revisions on the oodl Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
If any provisions of these Terms shall be deemed unlawful, void or for any reasons unenforceable, then that provision shall be deemed servable from these Terms and shall not affect the validity and enforceability of any of these remaining provisions.
Any questions, complains or claims regarding the Application should be directed to: firstname.lastname@example.org