1.1. By installing the Application (as defined below), you agree to be bound by these terms of use (\u201cappterms\u201d). Please review them carefully before installation and\/or acceptance.<\/p>\r\n
1.2. This End-User License Agreement (\u201cEULA\u201d) is a legal agreement between you and Aribada (\u201cwe\u201d, \u201cus\u201d or \u201cour\u201d) which governs your use of the Aribada\u2019s Apps. By installing or otherwise using the Aribada\u2019s Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Aribada\u2019s App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Aribada\u2019s App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Aribada\u2019s App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Aribada\u2019s App shall constitute reasonable means. Your continued use of the Aribada\u2019s Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Aribada\u2019s Apps. Do not use the Aribada\u2019s Apps until your questions and concerns have been answered in this document to your satisfaction and you agree to abide by the EULA. The \u201cApplication\u201d or “Apps” shall mean the software provided by Aribada Inc. to offer services related to Aribada\u2019s services and its partners\u2019 services, to be used on Apple iOS and Android OS and MacOS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.<\/p>\r\n\r\n\r\n\r\n Any personal information you supply to Aribada when using the Application will be used by Aribada in accordance with its Privacy Policy.<\/p>\r\n\r\n\r\n\r\n 4.1. Restricted Use.<\/strong>\u00a0You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Aribada\u2019s Apps or use the Aribada\u2019s Apps for the benefit of any third party. Unless expressly authorized by Aribada or permitted under the applicable mobile platform terms, you are prohibited from making the Aribada\u2019s Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Aribada\u2019s Apps, except to remove Aribada\u2019s Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Aribada\u2019s Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Aribada\u2019s Apps in any way. You do not have the right to and may not create derivative works of any Aribada\u2019s Apps or any portions thereof. All modifications or enhancements to the Aribada\u2019s Apps remain the sole property of Aribada. 4.5. Subscription Services.<\/strong><\/p>\r\n The Aribada\u2019s Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Aribada are Aribada\u2019s property or the property of Aribada\u2019s licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. \u201cIntellectual Property Rights\u201d means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Aribada\u2019s Apps. All rights not expressly granted hereunder are expressly reserved to Aribada and its licensors. 6.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Aribada will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Aribada\u2019s reasonable control. 7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). 8.1. Aribada may terminate use of the Application at any time by giving notice of termination to you. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARIBADA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARIBADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE ARIBADA’S\u00a0APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE ARIBADA\u2019S APPS. IN NO EVENT SHALL ARIBADA\u2019S 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 THE ARIBADA\u2019S APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL ARIBADA\u2019S APPS ARE PROVIDED ON AN \u201cAS IS,\u201d \u201cWITH ALL FAULTS,\u201d AND \u201cAS AVAILABLE\u201d BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, ARIBADA, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, ARIBADA MAKES NO WARRANTY THAT THE ARIBADA\u2019S APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE ARIBADA PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE ARIBADA\u2019S APPS WILL MEET YOUR EXPECTATIONS. ARIBADA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ARIBADA\u2019S APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND\/OR ANY AND ALL PERSONAL INFORMATION AND\/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ARIBADA\u2019S APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ARIBADA\u2019S APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARIBADA\u2019S APPS. Mobile App Terms and Conditions 1. GENERAL AND AGREEMENT 1.1. By installing the Application (as defined below), you agree to be bound by these terms of use (\u201cappterms\u201d). Please review them carefully before installation and\/or acceptance. 1.2. This End-User License Agreement (\u201cEULA\u201d) is a legal agreement between you and Aribada (\u201cwe\u201d, \u201cus\u201d or \u201cour\u201d) which […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-656","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/pages\/656","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/comments?post=656"}],"version-history":[{"count":3,"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/pages\/656\/revisions"}],"predecessor-version":[{"id":688,"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/pages\/656\/revisions\/688"}],"wp:attachment":[{"href":"https:\/\/aribada.com\/0v0\/wp-json\/wp\/v2\/media?parent=656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
NOTICE TO CONSUMERS:<\/strong>\u00a0Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Aribada\u2019s Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Aribada\u2019s Apps. The Aribada\u2019s Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Aribada\u2019s Apps if you download or install the Aribada\u2019s Apps through such marketplaces.<\/p>\r\n\r\n\r\n\r\n2. DEFINITIONS<\/h2>\r\n\r\n\r\n\r\n
3. DATA PROTECTION<\/h2>\r\n\r\n\r\n\r\n
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS<\/h2>\r\n\r\n\r\n\r\n
4.2. Aribada\u2019s Apps Updates.<\/strong>\u00a0We reserve the right to add or remove features or functions to existing Aribada\u2019s Apps. When installed on your mobile device, the Aribada\u2019s Apps periodically communicate with our servers. We may require the updating of the Aribada\u2019s Apps on your mobile device when we release a new version of the Aribada\u2019s Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Aribada\u2019s Apps. You acknowledge and agree that any obligation we may have to support previous versions of the Aribada\u2019s Apps may be ended upon the availability of updates, supplements or subsequent versions of the Aribada\u2019s Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Aribada\u2019s Apps.
4.3. Access.<\/strong>\u00a0You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Aribada\u2019s Apps. If you access an Aribada\u2019s App through a mobile network, your network or roaming provider\u2019s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Aribada\u2019s Apps from your device. Downloading, installing or using certain Aribada\u2019s Apps may be prohibited or restricted by your network provider and not all Aribada\u2019s Apps may work with your network provider or device. Aribada makes no representation that the Aribada\u2019s Apps can be accessed on all devices or wireless service plans. Aribada makes no representation that the Aribada\u2019s Apps are available in all languages or that the Aribada\u2019s Apps are appropriate or available for use in any particular location.
4.4. In-App Purchases & Cancellation Rights.<\/strong>\u00a0Certain Aribada\u2019s Apps will allow you to make an in-application purchase. Payment for such purchases may be processed third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). By confirming the purchase , you:<\/p>\r\n\r\n
\r\n
\r\n
\r\n
).\u00a0The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (\u201cIn-App Purchases & Cancellation Rights<\/strong>\u201c) for further information.\u00a0If you want to know more about this, please go to\u00a0http:\/\/support.apple.com\/kb\/ht4098<\/a><\/li>\r\n5. INTELLECTUAL PROPERTY<\/h2>\r\n\r\n\r\n\r\n
The Aribada\u2019s names, logos and affiliated properties, are the exclusive property of Aribada or its affiliates. All other trademarks appearing on any Aribada\u2019s App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Aribada App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.<\/p>\r\n\r\n\r\n\r\n6. AVAILABILITY<\/h2>\r\n\r\n\r\n\r\n
6.2. Aribada, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3. Aribada will not be responsible for any support or maintenance for the Application.<\/p>\r\n\r\n\r\n\r\n7. SYSTEM REQUIREMENTS<\/h2>\r\n\r\n\r\n\r\n
7.2. The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Italian, German, Spanish, French.
7.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.<\/p>\r\n\r\n\r\n\r\n8. TERMINATION<\/h2>\r\n\r\n\r\n\r\n
8.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;<\/p>\r\n\r\n\r\n\r\n9. LIMITATION OF LIABILITY<\/h2>\r\n\r\n\r\n\r\n
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE ARIBADA\u2019S APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.<\/p>\r\n\r\n\r\n\r\n10. DISCLAIMER OF WARRANTIES<\/h2>\r\n\r\n\r\n\r\n
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE ARIBADA\u2019S APPS REMAINS SOLELY WITH YOU.
ARIBADA EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND\/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.<\/p>\r\n","protected":false},"excerpt":{"rendered":"