These terms of license and use (the Terms) are between you and UrbanCivic and govern your use of any of UrbanCivic's applications (together with any updates and enhancements to it, each an Application) for mobile devices including Apple iPhone, iPad, Android, Microsoft Windows mobile device (each a Device).
1. Acceptance of these Terms
2. Modifications to the Terms
UrbanCivic may change these terms at any time and in its sole discretion. The modified Terms will be effective immediatly upon posting within the Application or on a Site, and you agree to the new posted Terms by continuing your use of the Application. If you do not agree with the modified Terms, you shall discontinue using the Application.
3. Limited Use of Application
UrbanCivic grants you a personal, non-exclusive, non-transferable, non-sublicenseable, limited right to install and use the Application in object code form only on your Device. You may not sub-license, or charge others to use or access the Application without first obtaining written permission from UrbanCivic. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Application or incorporate it (or any portion of it) into another product. You may not copy the Application. You may not translate, reverse-engineer or reverse-compile or decompile. disassemble, make derivative works from, or otherwise attempt to discover any source code in the Application. You may not modify the Application or use it in any way not expressly authorized by these terms. You may not authorize or assist any third party to do any of the things described in this paragraph. You understand that UrbanCivic's introduction of various Applications may not be consistent across all Devices and that the performance and features offered by UrbanCivic may vary depending on the Device and mobile network that you use. You may access a Sensor or Site only through the interfaces and protocols provided or authorized by UrbanCivic. You agree that you will not access the Application through unauthorized means, such as unlicensed software clients.
4. Content You May Submit
You may be permitted to submit or post any content to UrbanCivic through the Application such as digital images, text, photographs, graphics, videos, sound, software (Content). You may only submit Content for which you hold all intellectual property rights or for which you have obtained the authorization from the person holding all the intellectual property rights. You may not submit or post any Content that is unlawful, obscene, discriminatory, defamatory, libelous, threatening or harassing, sexually explicit or harmful to minors or that violates these Terms or the Site Terms. By posting or submitting any Content through the Application, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content through the Application; (ii) the Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation; (iii) the Content does not contain any virus or other computer code or programs that may interrupt, destroy or limit the operation of the Application, Sites and other network or equipment; (iv) the Content compiles with applicable laws and regulations and the Site Terms.
You or the owner of the Content retains ownership of all right, title and interest in the Content that you submit or post through the Application. By submitting or posting Content through the Application, you grant UrbanCivic, its parent, affiliates, subsidiaries, assigns, agents and licensees the royalty-free, irrevocable, perpetual, worldwide, non-exclusive, transferable, sublicensable right and license to (i) reproduce, copy, store, display, publicly perform, distribute, or transmit any part or all of the Content in any medium known now or in the future, (ii) adapt, translate, modify and create any derivative works from any part or all of the Content in any manner and in any medium known now or in the future, (iii) sublicense the foregoing rights, in whole or in apart, to any third party, with or without a fee; all for any purposes as UrbanCivic considers appropriate.
5. UrbanCivic's Right to Remove Content
UrbanCivic is not liable for Content that is provided by others. UrbanCivic reserves the right to remove Content that, in its solde judgement, does not comply with these Terms or the Site Terms or applicable laws or regulations, but UrbanCivic is not responsible for any failure or delay in removing such material.
6. You May Use Application for Lawful Purposes Only
Without prejudice to the generality of the foregoing provisions, you may use the Application for lawful purposes only. When using the Application or conducting any activities through the use of the Application, you will not (1) violates or infringes in any way upon the rights of others, (2) engage in or encourage conduct that would constitute a criminal offense or gives rise to civil liability, (3) otherwise violates any law. You also may not undertake any conduct that, in UrbanCivic's judgment, restricts or inhibits any other user from using or enjoying the Application.
7. Changes to the Application
UrbanCivic has the right at any time to change, modify, upgrade, add to or suspend, discontinue or retire any aspect or feature of the Application or the Sites. UrbanCivic has no obligation to provide you with notice of any such changes and will not be liable to you should we exercise these rights.
8. Disclaimer of Warranty; Limitation of Liability
DISCLAIMER OF WARRANTIES. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND THE SITE ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, UrbanCivic DISCLAIMS IMPLIED WARRANTIES THAT THE APPLICATION OR THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. UrbanCivic DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION OR THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR THE SITES WILL BE CORRECTED. UrbanCivic DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR THE SITES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UrbanCivic DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION OR THE SITES AT TIMES OR LOCATIONS OF YOU CHOOSING, OR THAT UrbanCivic WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATION OR THE SITES AS A WHOLE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH UrbanCivic (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APPLICATION AND THE SITE) IS TO DISCONTINUE YOUR USE OF THE APPLICATION. UrbanCivic SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE APPLICATION OR THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF UrbanCivic HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree to defend, indemnify and hold harmless UrbanCivic and our directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Application. UrbanCivic reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
10. Support for Application
You understand that your use of the Application is at your own risk and that UrbanCivic is under our sole discretion to provide you with any error corrections, updates, upgrades, bug fixes, enhancements and/or other maintenance or support of the Application. No third party will be responsible for providing maintenance or support services for the Application.
11. Third-Party Services
When you use the Application or the Sites, you may also use services of one or more third parties. Your use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. UrbanCivic does not make any representation or warranty in whatever aspect on those third party services.
UrbanCivic has the right to terminate your right to use the Application any time for any reason and shall be under no obligation to provide you a warning prior to termination of your use of the Application or the Sites. You may terminate these Terms at any time by uninstalling or destroying all copies of the Application that are in your possession or control. In case of termination, you must cease all use and destroy all copies of the Application.
All notices or demands to or upon UrbanCivic shall be effective if in writing and shall be duly made when sent to UrbanCivic in the following manner: to
A. The provisions of these Terms addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, and governing law shall survive the termination of these Terms.
B. These Terms and any Site Terms established by UrbanCivic constitute the entire agreement between UrbanCivic and you regarding the subject matter of these Terms, and supersede all previous written or oral agreements. The Terms shall be governed by and construed in accordance with the laws of the Indian Republic and the state of TamilNadu, without reference to rules governing choice of laws. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and or your use of the Application resides in the courts located in the sate of TamilNadu of the Indian Republic, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.