PLEASE READ THIS MOBILE APPLICATION END-USER LICENCE AGREEMENT CAREFULLY.
BY DOWNLOADING THE APP YOU AGREE TO THE TERMS OF THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Money20/20, LLC, a Delaware limited liability company with an office at 229 West 43rd Street, 7th Floor, New YorkNY 10036 licenses you a non-exclusive, non-transferable, non-sublicensable right to use the Money 20/20 app (the “App”) as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these Terms and buy the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or otherwise transfer any device on which the App is installed, you must remove the App from it prior to such sale or transfer.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If you do not accept the notified changes you will not be permitted to continue to use the App.
UPDATE TO THE APP
From time to time we may automatically update the App and to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
The App or any content within the App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or the them to be combined with, or become incorporated in, any other programs, except as necessary to use the App as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
ACCEPTABLE USE RESTRICTIONS
• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any services on the App.
USER GENERATED CONTENT RULES
We may provide facilities on the App via which you are permitted to post content to the App.
Any such facilities are provided for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. You may not use any such facility in a way that is inconsistent with the foregoing.
In addition to the general standard set out above, user-generated content must:
• be accurate, where it states facts;
• be genuinely held, where it states opinions;
• comply with the laws applicable in any country from which it is posted.
User generated content must not:
• be defamatory of any person or organisation;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe the intellectual property or other proprietary rights of Money2020 or any third party;
• be likely to deceive any person;
• breach any legal duty owed to a third party;
• promote any illegal activity;
• advocate, promote or encourage anti-competitive conduct;
• contain any information which is commercially sensitive or otherwise confidential to the relevant user or any third party;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent a user’s identity or affiliation with any person;
• give the impression that the content emanates from Money2020, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act;
• contain a statement which the user knows or has reasonable grounds to believe that members of the public are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• contain any advertising or promote any services or links to other websites or Apps.
We exclude our liability for any loss or damage arising from the use of any App facility by a user in contravention of these User Generated Content Rules.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED TEN AND NO/100 U.S. DOLLARS ($10.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations to the App; Disclaimer of Warranties. The App is provided on an “as is” basis. All implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. The App does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We are not responsible for events outside our control. If our provision of the App is unavailable or delayed by an event outside our control then we will take steps to minimize the effect of the unavailability or delay. We will not be liable for unavailability or delays caused by the event.
WE MAY END YOUR RIGHTS TO USE THE APP AND IF YOU BREAK THESE TERMS We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
You must stop all activities authorized by these terms, including your use of the App. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. We may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE We may transfer our rights and obligations under these terms to another organization. We will always tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES This agreement does not give rise to any third party rights.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS; WAIVER OF JURY TRIAL These terms are governed by the laws of the State of New York and you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts of New York, USA. EACH PARTY HERETO HEREBY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY DISPUTE, ACTION, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY LAW.