Terms and Conditions

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This document was created using a Contractology template available at Free Net Law

Introduction

These terms and conditions govern your use of this app; by using this app, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this app.

[You must be at least [13] years of age to use this app. By using this app [and by agreeing to these terms and conditions] you warrant and represent that you are at least [13] years of age.]

[This app uses cookies. By using this app and agreeing to these terms and conditions, you consent to our Abandon Ship use of cookies in accordance with the terms of Abandon Ship privacy policy

License to use app

Unless otherwise stated, Abandon Ship and/or its licensors own the intellectual property rights in the app and material on the app. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this app (including republication on another app);
• sell, rent or sub-license material from the app;
• show any material from the app in public;
• reproduce, duplicate, copy or otherwise exploit material on this app for a commercial purpose;
• [edit or otherwise modify any material on the app; or]
• [redistribute material from this app [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this app in any way that causes, or may cause, damage to the app or impairment of the availability or accessibility of the app; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this app without Abandon Ship express written consent.

[You must not use this app to transmit or send unsolicited commercial communications.]

[You must not use this app for any purposes related to marketing without Abandon Ship express written consent.]

[Restricted access

[Access to certain areas of this app is restricted.] Abandon Ship reserves the right to restrict access to [other] areas of this app, or indeed this entire app, at Abandon Ship discretion.

If Abandon Ship provides you with a user ID and password to enable you to access restricted areas of this app or other content or services, you must ensure that the user ID and password are kept confidential.

[Abandon Ship may disable your user ID and password in Abandon Ship sole discretion without notice or explanation.]

[User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this app, for whatever purpose.

You grant to Abandon Ship a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Abandon Ship the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Abandon Ship or a third party (in each case under any applicable law).

You must not submit any user content to the app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Abandon Ship reserves the right to edit or remove any material submitted to this app, or stored on Abandon Ship servers, or hosted or published upon this app.

[Notwithstanding Abandon Ship rights under these terms and conditions in relation to user content, Abandon Ship does not undertake to monitor the submission of such content to, or the publication of such content on, this app.]

No warranties

This app is provided “as is” without any representations or warranties, express or implied. Abandon Ship makes no representations or warranties in relation to this app or the information and materials provided on this app.

Without prejudice to the generality of the foregoing paragraph, Abandon Ship does not warrant that:

 this app will be constantly available, or available at all; or
 the information on this app is complete, true, accurate or non-misleading.

Nothing on this app constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Abandon Ship will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this app:

 [to the extent that the app is provided free-of-charge, for any direct loss;]
 for any indirect, special or consequential loss; or
 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Abandon Ship has been expressly advised of the potential loss.

Exceptions

Nothing in this app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this app disclaimer will exclude or limit Abandon Ship liability in respect of any:

 death or personal injury caused by Abandon Ship negligence;
 fraud or fraudulent misrepresentation on the part of Abandon Ship; or
 matter which it would be illegal or unlawful for Abandon Ship to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this app, you agree that the exclusions and limitations of liability set out in this app disclaimer are reasonable.

If you do not think they are reasonable, you must not use this app.

Other parties

[You accept that, as a limited liability entity, Abandon Ship has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Abandon Ship officers or employees in respect of any losses you suffer in connection with the app.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this app disclaimer will protect Abandon Ship officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Abandon Ship.

Unenforceable provisions

If any provision of this app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this app disclaimer.

Indemnity

You hereby indemnify Abandon Ship and undertake to keep Abandon Ship indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Abandon Ship to a third party in settlement of a claim or dispute on the advice of Abandon Ship legal advisers) incurred or suffered by Abandon Ship arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Abandon Ship other rights under these terms and conditions, if you breach these terms and conditions in any way, Abandon Ship may take such action as Abandon Ship deems appropriate to deal with the breach, including suspending your access to the app, prohibiting you from accessing the app, blocking computers using your IP address from accessing the app, contacting your internet service provider to request that they block your access to the app and/or bringing court proceedings against you.

Variation

Abandon Ship may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this app from the date of the publication of the revised terms and conditions on this app. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Abandon Ship may transfer, sub-contract or otherwise deal with Abandon Ship rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Abandon Ship in relation to your use of this app, and supersede all previous agreements in respect of your use of this app.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian Law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts

Abandon Ship details

You can contact Abandon Ship by email to bruce.rebello@abandonship.mobi