Terms and Conditions

 

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

This End User License Agreement (the “Agreement”) for the Iconeme Mobile App (together with any updates, the “Application”) is a legal agreement between user (“You” or “Your”), and Iconeme (UK) LTD (“Iconeme”). By accessing, downloading, copying or otherwise using the Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions as well as Iconeme privacy policy http://iconeme.com/privacy-policy.html. If You do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application,Iconeme will not and does not grant You access to the Application unless You agree to the terms of this Agreement. PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON "I ACCEPT".

 

In consideration of the promises and covenants described below, and other good and valuable consideration, you agree as follows:

1. LICENSE GRANT - COMPLIANCE WITH TERMS OF USE

Iconeme is the provider of this Application, which permits You a personal, non-exclusive, non-transferable, non-sublicenseable, limited license to download and use the Application on a mobile device that You own or control under the terms and conditions set forth in this Agreement. The Application is licensed, not sold and Iconeme reserves itself all the rights which are not expressly granted in this Agreement.

2. LICENSE RESTRICTIONS

Except as specifically provided hereinafter, You may not: (i) distribute or make this Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law under the terms and conditions set forth in this Agreement; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights related to the Application to third parties.

3. OWNERSHIP

All of the content featured or displayed in or through the Application (“Content”) and all trademarks, service marks and trade names of Iconeme included therein, are owned by Iconeme, its parent corporations, licensors, vendors, agents and/or its Content providers. All Content is subject to Iconeme’s Term of Use, as may be amended from time to time, and as incorporated herein by this reference.

4. YOUR WARRANTY TO ICONEME

You represent and warrant that: (i) You get all the authority to be bound by this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted under this Agreement; and (iii) Your use of the Application will comply with all laws, rules and regulations of the United Kingdom (“Laws”).

5. PRIVACY

By providing the Application, Iconeme is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by you using the Application. However, Iconeme is not able to control the use by third parties of any information appearing on the Application.

 

By using the VM Beacon Application, you consent to the use of your information which may be collected by Iconeme, including, for instance your mobile device, your use of this Application and the Application’s performance in accordance with the Privacy Policy of Iconeme - subject to modification from time to time and available at (http://iconeme.com/privacy-policy.html).

 

When you download or use apps provided by Iconeme or its affiliates and, where applicable, have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your device. Iconeme may use this information to provide you with location-based services, such as search results, and other personalized content. Most mobile devices allow you to turn off location services.

6. LINK TO THIRD PARTIES

The Application may contain links to websites operated by third parties (“Third Party Websites“). Notwithstanding such affiliate programs, Iconeme does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

7. DISCLAIMER OF WARRANTIES AND INDEMNIFICATION

Iconeme will provide the service with reasonable care and skill. Iconeme, and/or its affiliates, officers, directors, and employees, will not be liable for losses or damages arising from or in any way related to your access or use of the Application. To the maximum extent permitted by applicable law, Iconeme is licensing the Application “as is,” “as available,” and “with all faults.” Iconeme makes no representations or warranties about the suitability, reliability, timeliness, and accuracy, for any purpose, of the Application, the operation of the Application alone or in conjunction with any device, or the content contained herein. Iconeme disclaims all warranties, either express or implied, regarding the Application and its operation and expressly disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8. LIMITATION OF LIABILITY

To the extent not prohibited by the law, in no event shall Iconeme, and/or its affiliates, officers, directors, and employees, be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the Application, and for any cause of action, including contract, tort (including negligence) or otherwise, even if Iconeme has been advised of the possibility of such damages. If any damages arise under this agreement or for the use of the Application and if Iconeme is required to pay for any purpose whatsoever, including without limitation, contract, tort (including negligence) or otherwise, the damages shall be limited to ten Great Britain pounds (gbp10.00). No action, in any case, and in any manner, whether in court or through arbitration, arising out of any transaction under this Agreement, may be brought by You more than one year after You knew the occurrence which gives rise to the cause of such action.

9. INDEMNITY

You agree to indemnify and hold harmless Iconeme and its affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from all claims arising from, related to, or incidental to Your use of the Application.

10. SERVICE SUSPENSION

Iconeme reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

11. TERMINATION

This Agreement is effective until terminated. Iconeme may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any terms and conditions of this Agreement. Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

12. GOVERNING LAW

This Agreement shall be governed by English Law. You irrevocably consent to the exclusive jurisdiction of English courts for all disputes arising out of or relating to this Agreement. If any action is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorney’s fees together with expenses and costs incurred with such action.

13. ACKNOWLEDGMENT OF UNDERSTANDING - ENTIRE AGREEMENT

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between Iconeme and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Iconeme and You relating to the subject matter of this Agreement.

14. SEVERABILITY

You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.

15. ASSIGNMENT AND TRANSFER

Iconeme may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.

16. AMENDMENT OF THIS AGREEMENT

Iconeme reserves the right to modify or amend this Agreement from time to time without notice. Your continued use of the Application following the posting of changes to the Agreement will mean You accept those changes.

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

 

 

 

 

Terms and Conditions

 

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

This End User License Agreement (the “Agreement”) for the Iconeme Mobile App (together with any updates, the “Application”) is a legal agreement between user (“You” or “Your”), and Iconeme (UK) LTD (“Iconeme”). By accessing, downloading, copying or otherwise using the Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions as well as Iconeme privacy policy http://iconeme.com/privacy-policy.html. If You do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application,Iconeme will not and does not grant You access to the Application unless You agree to the terms of this Agreement. PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON "I ACCEPT".

 

In consideration of the promises and covenants described below, and other good and valuable consideration, you agree as follows:

1. LICENSE GRANT - COMPLIANCE WITH TERMS OF USE

Iconeme is the provider of this Application, which permits You a personal, non-exclusive, non-transferable, non-sublicenseable, limited license to download and use the Application on a mobile device that You own or control under the terms and conditions set forth in this Agreement. The Application is licensed, not sold and Iconeme reserves itself all the rights which are not expressly granted in this Agreement.

2. LICENSE RESTRICTIONS

Except as specifically provided hereinafter, You may not: (i) distribute or make this Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law under the terms and conditions set forth in this Agreement; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights related to the Application to third parties.

3. OWNERSHIP

All of the content featured or displayed in or through the Application (“Content”) and all trademarks, service marks and trade names of Iconeme included therein, are owned by Iconeme, its parent corporations, licensors, vendors, agents and/or its Content providers. All Content is subject to Iconeme’s Term of Use, as may be amended from time to time, and as incorporated herein by this reference.

4. YOUR WARRANTY TO ICONEME

You represent and warrant that: (i) You get all the authority to be bound by this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted under this Agreement; and (iii) Your use of the Application will comply with all laws, rules and regulations of the United Kingdom (“Laws”).

5. PRIVACY

By providing the Application, Iconeme is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by you using the Application. However, Iconeme is not able to control the use by third parties of any information appearing on the Application.

 

By using the VM Beacon Application, you consent to the use of your information which may be collected by Iconeme, including, for instance your mobile device, your use of this Application and the Application’s performance in accordance with the Privacy Policy of Iconeme - subject to modification from time to time and available at (http://iconeme.com/privacy-policy.html).

 

When you download or use apps provided by Iconeme or its affiliates and, where applicable, have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your device. Iconeme may use this information to provide you with location-based services, such as search results, and other personalized content. Most mobile devices allow you to turn off location services.

6. LINK TO THIRD PARTIES

The Application may contain links to websites operated by third parties (“Third Party Websites“). Notwithstanding such affiliate programs, Iconeme does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

7. DISCLAIMER OF WARRANTIES AND INDEMNIFICATION

Iconeme will provide the service with reasonable care and skill. Iconeme, and/or its affiliates, officers, directors, and employees, will not be liable for losses or damages arising from or in any way related to your access or use of the Application. To the maximum extent permitted by applicable law, Iconeme is licensing the Application “as is,” “as available,” and “with all faults.” Iconeme makes no representations or warranties about the suitability, reliability, timeliness, and accuracy, for any purpose, of the Application, the operation of the Application alone or in conjunction with any device, or the content contained herein. Iconeme disclaims all warranties, either express or implied, regarding the Application and its operation and expressly disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8. LIMITATION OF LIABILITY

To the extent not prohibited by the law, in no event shall Iconeme, and/or its affiliates, officers, directors, and employees, be liable for any consequential, indirect, incidental, punitive, special or other related or similar damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like connected with the use of or inability to use the Application, and for any cause of action, including contract, tort (including negligence) or otherwise, even if Iconeme has been advised of the possibility of such damages. If any damages arise under this agreement or for the use of the Application and if Iconeme is required to pay for any purpose whatsoever, including without limitation, contract, tort (including negligence) or otherwise, the damages shall be limited to ten Great Britain pounds (gbp10.00). No action, in any case, and in any manner, whether in court or through arbitration, arising out of any transaction under this Agreement, may be brought by You more than one year after You knew the occurrence which gives rise to the cause of such action.

9. INDEMNITY

You agree to indemnify and hold harmless Iconeme and its affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from all claims arising from, related to, or incidental to Your use of the Application.

10. SERVICE SUSPENSION

Iconeme reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

11. TERMINATION

This Agreement is effective until terminated. Iconeme may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any terms and conditions of this Agreement. Upon termination, all legal rights and licenses granted to you hereunder shall terminate immediately and you shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.

12. GOVERNING LAW

This Agreement shall be governed by English Law. You irrevocably consent to the exclusive jurisdiction of English courts for all disputes arising out of or relating to this Agreement. If any action is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorney’s fees together with expenses and costs incurred with such action.

13. ACKNOWLEDGMENT OF UNDERSTANDING - ENTIRE AGREEMENT

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between Iconeme and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between Iconeme and You relating to the subject matter of this Agreement.

14. SEVERABILITY

You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.

15. ASSIGNMENT AND TRANSFER

Iconeme may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.

16. AMENDMENT OF THIS AGREEMENT

Iconeme reserves the right to modify or amend this Agreement from time to time without notice. Your continued use of the Application following the posting of changes to the Agreement will mean You accept those changes.

BY DOWNLOADING AND/OR USING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.

 

 

Iconeme Ltd

Units 130-132 Network Hub

300 Kensal Road

London

W10 5BE

+44 (0) 208 206 5010

info@iconeme.com

New York Office

2nd Floor

138 West 25th Street

New York

NY 10001

+1 212 242 0374

 

 

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