Terms And Conditions Of Use
Thank you for downloading our mobile app. The Terms and Conditions of Use set forth herein apply to the entire group of apps owned, operated, licensed or controlled by Royal Media Partners or their affiliates (collectively the “Company”), including but not limited to the mobile apps, Royal Port Folio and Port Shopping Spree (collectively the “Company Apps”). We offer services and programs in many parts of the world. Company Apps may refer to certain services or programs that are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that the Company intends to offer such service or programs in all countries or locations.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MOBILE APP OR ANY OTHER COMPANY APP.
You should assume that everything that you read or see on any Company App is copyrighted or otherwise protected and owned by the Company or some third party who licensed to the Company the right to use such material. Unless otherwise expressly noted, nothing that you read or see on any Company App may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of Royal Media Partners, LLC.
We grant you permission to print individual pages from a Company App, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the Company’s services or products. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
- Use the materials for any commercial purpose, or for any public display (commercial or noncommercial)
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
The permissions granted hereunder shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. The materials contained in the Company Apps are protected by applicable copyright and trademark law.
We make no warranties or representations to you that your use of any materials displayed on a Company App will not infringe the rights of third parties.
The Company has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this app or any other Company App. Users of information from this app or any other Company App or links do so at their own risk. We assume no liability or responsibility for any errors or omissions in the content of any Company App. While the Company may make changes to the information in any Company App or to any Company service or product at any time without notice, the Company makes no commitment to update the information on a Company App.
THE MATERIALS IN THE COMPANY APPS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION SERVICES OR OTHER SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH A COMPANY APPS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR ANY OTHER COMPANY APP OR THE SERVER(S) THAT MAKES THE COMPANY APPS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS APP OR ANY OTHER COMPANY APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS APP OR ANY OTHER COMPANY APP, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER COMPANY APPS.
You consent to the exclusive jurisdiction and venue of the courts in, and agree that any action at law or in equity arising out of or relating to these terms shall be filed only in, the state or federal courts located in Dade County, Florida. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Unless otherwise expressly noted, all materials, including images, illustrations, designs, icons, and photographs appearing anywhere on a Company App are protected by worldwide copyright laws and treaty provisions. (All such mobile apps shall be referred to as “Company Apps.”) The copyright on such materials is held by the original creator of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed in any form or by any means without Royal Media Partners, LLC’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on Company Apps may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
U.S. Government Rights: United States Government license rights, if any, in the materials appearing on Company Apps are limited to those mandatory rights identified in ARS 252.227-7015(b) and all other applicable laws and regulations. All other use is prohibited without the prior written approval of Royal Media Partners, LLC Use of any of the materials appearing on Company Apps by the Government constitutes acknowledgment and acceptance of the Company’s proprietary rights in the materials.
The trademarks, service marks, logos and graphics (the “Trademarks”) appearing on Royal Media Partners’ Company App are registered and unregistered Trademarks of Royal Media Partners, LLC or its subsidiaries (collectively, “Royal Media”) or others.
Other product names used in this publication are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on Royal Media’s mobile app and websites.
If you are unsure whether a trademark, service mark, logo or graphic not on the list is the property of Royal Media or if you have any questions about the use of Royal Media’s Trademarks, please contact our web master. Royal Media vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.
The Terms and Conditions of Use set forth herein apply to the entire group of Company Apps. Many Company Apps contain links to or frames of non-Company Apps. We try to include links and frames only to other sites that are in good taste, but we do not control nor are we responsible for the contents of those sites. Similarly, we cannot guarantee that such non-Company Apps will not change without our knowledge. The inclusion of a link to or frame of any non-Company Apps does not imply the Company’s endorsement of the linked or framed sites or their content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
This legal information was last modified on October 1, 2011