These terms (“Terms“) cover the use of those London Acreage consumer products, websites, and services (the “Services“). By providing the opportunity of subscribing for, using and/or ordering the Services, London Acreage makes an offer to you. You accept these Terms by creating a London Acreage account, by using the Services or by continuing to use the Services after being notified of a change to these Terms. Please read, print and save a copy of these Terms for your records because London Acreage won’t save a copy for you.

1. Your Privacy. Your privacy is important to us. Please read the London Acreage Privacy Statement (the “Privacy Statement“) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data and the legal bases we have to process your Data. The Privacy Statement also describes how London Acreage uses your content, which is your communications with others; postings submitted by you to London Acreage via the Services; and the files, photos, documents, audio, digital works, live streams and videos that you upload, store, broadcast or share through the Services (“Your Content“). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to London Acreage’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

• a. When you share Your Content with other people, you expressly agree that anyone you’ve shared Your Content with may, for free and worldwide, use, save, record, reproduce, broadcast, transmit, share, display, communicate (and on HealthVault delete) Your Content. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content through the Services won’t violate any law or rights of others. We strongly advise you to make regular backup copies of Your Content. London Acreage can’t be held responsible for Your Content or the material others upload, store or share using our Services.
• b. To the extent necessary to provide the Services to you and others (which may include changing the size, shape or format of Your Content to better store or display it to you), to protect you and the Services and to improve London Acreage products and services, you grant London Acreage a worldwide and royalty free intellectual property licence to use Your Content, for example, to make copies of, retain, transmit, reformat, distribute via communication tools and display Your Content on the Services. If you publish Your Content in areas of the Service where it is rendered available online publicly or without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voicemail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.

3. Code of Conduct.

• a. Content, material or actions that violate these Terms are not permitted. By agreeing to these Terms, you’re under the obligation to follow these rules:

  • i. Don’t do anything illegal.

  • ii. Don’t engage in any activity that exploits, harms or threatens to harm children.

  • iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages) or instant messages.

  • iv. Don’t publicly display or use the Services to share any inappropriate content or other material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity).

  • v. Don’t engage in activity that is fraudulent, false or misleading (e.g. asking for money under false pretences, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings or comments).

  • vi. Don’t willfully circumvent any restrictions on access to or availability of the Services.

  • vii. Don’t engage in activity that is harmful to you, the Services or others (e.g. transmitting viruses, stalking, posting terrorist content, communicating hate speech or advocating violence against others).

  • viii. Don’t infringe upon the rights of others (e.g, unauthorised sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps or photographs).

  • ix. Don’t engage in activity that violates the privacy of others.

  • x. Don’t help others break these rules.

• b. Enforcement. We reserve the right to deny Your Content if it exceeds limits on storage or file size allowed by the Service. In addition, if you violate any of the obligations listed in section 3(a) above or otherwise materially violate these Terms, we may take action against you including (without limitation) stopping providing Services or closing your London Acreage account immediately for good cause or blocking delivery of a communication (like email, file sharing or instant message) to or from the Services. We also reserve the right to remove or block Your Content from the Services at any time if it is brought to our attention that it may violate applicable law or these Terms. When investigating alleged violations of these Terms, London Acreage reserves the right to review Your Content in order to resolve the issue. However, we do not monitor the Services and make no attempt to do so.

• c. All Online and Digital Media Delivery Services. Click here for more information about how this Code of Conduct applies to all online and digital media, applications, services and content provided by London Acreage. Violation of the Code of Conduct through All Online and Digital Media Delivery Services may result in suspensions or bans from participation in All Services.

4. Using the Services & Support.

• a. London Acreage account. You’ll need a London Acreage account to access many of the Services. Your London Acreage account lets you sign in to products, websites, and services provided by London Acreage and some London Acreage partners.

  • i. Creating an Account. You can create a London Acreage account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your London Acreage account. In some cases, a third party, like your Internet Service Provider, may have assigned a London Acreage account to you. If you received your London Acreage account from a third party, the third party may have additional rights over your account, like the ability to access or delete your London Acreage account. Please review any additional terms the third party provided you, as London Acreage has no responsibility regarding these additional terms. If you create a London Acreage account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your London Acreage account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your London Acreage account.

  • ii. Account Use. You must use your London Acreage account to keep it active. This means you must sign in at least once in a five-year period to keep your London Acreage account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services or as otherwise required by law. If you don’t sign in during this time, we will assume your London Acreage account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed London Acreage account. If we reasonably suspect that your London Acreage account is being used by a third party fraudulently (for example, as a result of an account compromise), London Acreage may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content.

  • iii. Kids and Accounts. By signing up, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please do not create a London Acreage account before you have asked your parent or legal guardian for help and consent. If you are the parent or legal guardian of a minor who creates a London Acreage account, you and the minor accept and agree to be bound by these Terms and you are responsible for supervising your minor in the use of the London Acreage account or Services, including purchases, whether the minor’s account is now open or created later.

  • iv. Closing Your Account.

    • 1. In addition to any rights you have to cancel your account, you can cancel specific Services or close your London Acreage account at any time and for any reason. When you ask us to close your London Acreage account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your London Acreage account will be closed. See section 4(a)(iv)(2) below for an explanation as to what happens when your London Acreage account is closed. Logging back in during that 60-day period will reactivate your London Acreage account.

    • 2. If your London Acreage account is closed (whether by you or us), a few things happen. First, your right to use the London Acreage account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your London Acreage account or will otherwise disassociate it from you and your London Acreage account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services) that require a London Acreage account. You should have a regular backup plan. Third, you may lose access to products you’ve acquired.

• b. Work or School Accounts. You can sign in to certain London Acreage services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your Data, including the contents of your communications and files, and that London Acreage may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the London Acreage services may be subject to the agreements London Acreage has with you or your organisation and these Terms may not apply. If you already have a London Acreage account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your London Acreage account in order to continue accessing such Services.

• c. Additional Equipment/Data Plans. To use any of the Services, you’ll need an Internet connection and/or data/mobile plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

• d. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications and information the law requires us to provide. If you gave us your email address or phone number in connection with your London Acreage account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS. We recommend you monitor and maintain the email address you specified. If you don’t consent to receive notices electronically, you must stop using the Services.

• e. Support. Customer support for some Services is available. You may send a notice to London Acreage following the procedures detailed in the Notices section of these Terms. Certain Services may offer separate or additional customer support, subject to the terms available at https://londonacreage.com/index.php/support-service-agreement unless otherwise specified. Support may not be available for preview or beta versions of features or Services. If you live in Europe you can also refer a complaint to the EU’s Online Dispute Resolution platform; please use https://londonacreage.com/contact form on the complaint.

• f. Ending your Services. If your Services are cancelled (whether by you or us), first your right to access the Services stops immediately and your licence to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your London Acreage account (unless we are required by law to keep it, return it or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have cancelled your London Acreage account and have no other account to access the Services, your Services may be cancelled immediately.

5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games, skills, integrations, bots or applications from independent third parties (companies or people who aren’t London Acreage) (“Third-Party Apps and Services“). Many of our Services also help you find, make requests to or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring, using, requesting or linking your London Acreage Account to any Third-Party Apps and Services. Any additional terms do not modify these Terms. London Acreage does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that London Acreage is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.

6. Service Availability.

• a. The Services, Third Party Apps, and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or device. If you change the location associated with your London Acreage account, you may need to re-acquire the products that were available to you and paid for in your previous region.

• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages. In the event of an outage or disruption to the Service, you may temporarily not be able to retrieve Your Content. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

7. Updates to the Services or Software and Changes to These Terms.

• a. We’ll inform you if we intend to change these Terms. We may change these Terms if it is necessary due to (i) applicable law, including, but not limited to, a change of such law; (ii) an advice and/or order based on applicable law; (iii) the evolution of the Services; (iv) technical reasons; (v) operational requirements or (vi) an advantageous change of terms for the user. We’ll inform you of the intended change before it takes effect, either through the user interface, in an email message or through other reasonable means. We’ll provide you the opportunity to cancel the Services at least 30 days before the change becomes effective. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services and close your London Acreage account in accordance with section 4(a)(iv). We’ll also expressly point to this fact when informing you about the intended change of these Terms.

• b. We may automatically check your version of the software, which is necessary to provide the Services and download software updates or configuration changes, without charging you, to update, enhance and further develop the Services. You may also be required to update the software to continue using the Services. Such updates shall be subject to these Terms unless additional or other terms accompany the updates, in which case, those other terms apply. If you decline to accept the additional or other terms applicable to the updates, you may not receive or use the updates. London Acreage isn’t obligated to make any updates available and doesn’t guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products.

• c. We continuously work to improve the Services and may change the Services or delete features or stop providing access to Third-Party Apps and Services in that respect at any time, including, without limitation, if our agreements with third parties no longer permit us to make their material available, if it is no longer feasible for us to provide it, the technology advances, or if customer feedback indicates a change is needed. We will notify you in advance if a change to the Services will cause you to lose access to Your Content. For paid Services, we’ll also notify you in advance of other material changes to the Services. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods or applications previously purchased. If we cancel a paid Service, we’ll refund to you on a pro-rata basis the amount of payments that you’ve made corresponding to the portion of that Service remaining right before the cancellation.

• d. So that you can use material protected with digital rights management (DRM), like some music, games, films, books and more, DRM software may automatically contact an online rights server and download and install DRM updates.

8. Software Licence. Unless accompanied by a separate London Acreage licence agreement, any software provided by us to you as part of the Services is subject to these Terms.

• a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by London Acreage. Notices, if any, for the third-party code are included for your information only.

• b. The software is licensed, not sold, and London Acreage reserves all rights to the software not expressly granted by London Acreage under these Terms. This licence does not give you any right to, and you may not, unlawfully:

  • i. circumvent or bypass any technological protection measures in or relating to the software or Services;

  • ii. disassemble, decompile, decrypt, hack, emulate, exploit or reverse engineer any software or another aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;

  • iii. separate components of the software or Services for use on different devices;

  • iv. publish, copy, rent, lease, sell, export, import, distribute or lend the software or the Services unless London Acreage expressly authorises you to do so;

  • v. transfer the software, any software licences, or any rights to access or use the Services;

  • vi. use the Services in any unauthorised way that could interfere with anyone else’s use of them or gain access to any service, data, account or network;

  • vii. enable access to the Services or modify any London Acreage authorised device by unauthorised third-party applications.

9. Contracting Entity, Choice of Law and Place to Resolve Disputes.

• If you live in (or, if you are a business, your principal place of business is in) Europe, and you are using cost-free portions of the Services, you are contracting with London Acreage Limited, 42 Greystoke Drive, Ruislip, Middlesex, United Kingdom. The laws of England and Wales, United Kingdom govern all claims related to cost-free Services, but this shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have your habitual residence. With respect to jurisdiction, you and London Acreage agree to choose the courts of the country to which we direct your Services where you have your habitual residence (or, if a business, where your principal place of business is located) for all disputes arising out of or relating to these Terms, or in the alternative, you may choose the responsible court in the United Kingdom.

10. Warranties. If you are a consumer, you have certain rights under the law. These rights include an obligation on London Acreage to provide the Services using reasonable care and skill. Nothing in these terms is intended to limit or exclude our liability for any breach by London Acreage of this. EXCEPT IN CASES IN WHICH WE HAVE HIDDEN DEFECTS IN BAD FAITH OR DEFECTS HAVE RENDERED USE OF THE SERVICES IMPOSSIBLE, WE PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN’T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN’T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Limitation of Liability.

• a. London Acreage shall not be liable for Your Content, material or other third party material, including links to third-party websites and activities provided by users. Such content and activities are neither attributable to London Acreage nor do they represent London Acreage’s opinion.

• b. London Acreage shall only be liable if material obligations of the Agreement have been violated, or as otherwise required by applicable law.

• c. London Acreage, its vicarious agents and/or its legal representatives shall not be liable for any indirect damage, including financial loss, such as loss of profit, unless London Acreage, its vicarious agents and/or its legal representative have at least acted with gross negligence or willful misconduct.

• d. Any statutory no-fault liability of London Acreage, including statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to the liability of London Acreage, its vicarious agents and/or its legal representatives in the event of fraud or their negligence resulting in personal injury or death.

• e. London Acreage is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond London Acreage’s reasonable control (such as labour disputes, acts of God, war or terrorist activity, malicious damage, accidents or compliance with any applicable law or government order). London Acreage will endeavour to minimise the effects of any of these events and to perform the obligations that aren’t affected.

12. Miscellaneous. This section, and sections 1, 9, 10, 11, 14 and those that by their terms apply after it ends will survive any termination or cancellation of these Terms. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, so long as such assignment, transfer or disposal isn’t to your detriment, at any time without notice. You may not assign, transfer or otherwise dispose of these Terms or any rights to use the Services. This is the entire agreement between you and London Acreage for your use of the Services. It supersedes any prior agreements between you and London Acreage regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, those terms shall be deemed replaced with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. These Terms are solely for your and our benefit. It isn’t for the benefit of any other person, except for London Acreage’s successors and assigns. Section headings are for reference only.

13. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users and end use.

14. Reservation of Rights and Feedback. Except as expressly provided under these Terms, London Acreage does not grant you a licence or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by London Acreage or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to London Acreage any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to London Acreage, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialise your Feedback in any way and for any purpose. You will not give Feedback that is subject to a licence that requires London Acreage to license its software, technologies or documentation to any third party because London Acreage includes your Feedback in them.

Notices and procedure for making claims of intellectual property infringement. London Acreage respects the intellectual property rights of third parties. If you have claims of intellectual property infringement, including claims of copyright infringement, we recommend that you send such notice to London Acreage.

London Acreage uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, London Acreage may also disable or terminate accounts of users of London Acreage services who may be repeat infringers.

Copyright and trademark notices. The Services are copyright © 2018 London Acreage Limited and/or its suppliers, 42 Greystoke Drive, Ruislip, Middlesex, HA4 7YN, United Kingdom. All rights reserved. London Acreage and the names, logos, and icons of all London Acreage products, software and services may be either trademarks or registered trademarks of London Acreage in the United Kingdom and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.

Medical notice. London Acreage does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, diet, fitness or wellness programme. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services.

Financial notice. London Acreage isn’t a broker/dealer or registered investment advisor under the United Kingdom and doesn’t advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither London Acreage nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including without limitation, investment or tax advice.

IF YOU DO NOT ACCEPT THESE TERMS, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.

The application publisher means the entity licensing the application to you.

If you comply with these licence terms, you have the rights below.

• 1. INSTALLATION AND USE RIGHTS. You may install and use the application on London Acreage. London Acreage reserves the right to modify the usage rules of London Acreage at any time.

• 2. INTERNET-BASED SERVICES.

  • a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of the services accessed using the application, those terms also apply.

  • b. Misuse of Internet-based services. You may not use any Internet-based service in any way that you intentionally harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorised access to any service, data, account or network by any means.

• 3. SCOPE OF LICENCE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If London Acreage disables the ability to use the applications on your devices pursuant to your agreement with London Acreage, any associated licence rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:

  • a. Work around any technical limitations in the application.

  • b. Reverse engineer, decompile or disassemble the application, except and only to the extent that it is expressly permitted by applicable copyright law provisions for computer programmes.

  • c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.

  • d. Publish or otherwise make the application available for others to copy.

  • e. Rent, lease or lend the application.

  • f. Transfer the application or this agreement to any third party.

• 4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.

• 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to the United Kingdom or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end uses.

• 6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. London Acreage, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) are not responsible for providing support services for the application.

• 7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application and the terms for supplements and updates are the entire licence agreement between you and application publisher for the application.

• 8. APPLICABLE LAW.

  • a. The United Kingdom. If you acquired the application in the United Kingdom, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them and all other claims (including consumer protection, unfair competition and tort claims), regardless of conflict of law principles.

  • b. Outside the United Kingdom. If you acquired the application in any other country, the laws of that country apply.

• 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement doesn’t change your rights under the laws of your country if the laws of your country don’t permit it to do so.

• 10. DISCLAIMER OF WARRANTY. The application is licensed “as-is,” “with all faults” and “as available”. The application publisher, on behalf of itself, London Acreage (if London Acreage isn’t the application publisher), wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents and suppliers (“Covered Parties”), give no additional contractual warranties, guarantees or conditions in relation to the application. You have all mandatory warranties foreseen by law, but we grant no other warranties. To the extent permitted under local laws, Covered Parties exclude any implied mandatory warranties, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement.

• 11. LIMITATION ON REMEDIES AND DAMAGES.

  • a. The application publisher shall not be liable for any user content or other third-party material, including links to third-party websites, and activities provided by users. Such content and activities are neither attributable to the application publisher nor do they represent the application publisher’s opinion.

  • b. The application publisher shall only be liable if material obligations of these licence terms have been violated.

  • c. The application publisher, its vicarious agents and/or its legal representatives shall not be liable for any unforeseeable damage and/or financial loss with respect to any indirect damage, including loss of profit, unless the application publisher, its vicarious agents and/or its legal representatives have at least acted with gross negligence or willful misconduct.

  • d. Any statutory no-fault liability of the application publisher, including, without limitation, liability under the product liability act and statutory liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to the liability of the application publisher, its vicarious agents and/or its legal representative in the event of fraud or their negligence resulting in personal injury or death.

• • e. No other contractual and legal claims besides those covered in subsections (a) to (e) of this section 11 may result from these application licence terms and/or the use of the application or services made available through the application.