Cork Safety Alerts – Mobile Application – Terms and Conditions

Cork Safety Alerts

Mobile App – Terms and Conditions

Last updated: 15th February 2018.

 

  1. TERMS OF USE

These terms and conditions of use, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cork Safety Alerts (“us”, “we”, or “our”), concerning your access to and the use of the Cork Safety Alerts mobile application, as well as any other media form, media channel, mobile website, mobile application or otherwise connected thereto. You agree that by accessing our mobile application, that you have read, understand, and agree to be bound by all of these terms and conditions of use. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE CORK SAFETY ALERTS MOBILE APPLICATION AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right at, in our sole discretion, to make changes or modifications to these terms and conditions by updating the ‘Last Updated’ date at the beginning of the Terms and Conditions, and you waive any right to receive specific notice of each of these changes. It is your sole responsibility to periodically review these Terms and Conditions to stay informed of any updates. You will be subject to, and will be deemed to have been made aware of (and to have accepted) the changes in any revised Terms and Conditions by your continued use of the Cork Safety Alerts mobile application after the date such revised terms and conditions are posted.

Our mobile application is intended for us by users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (usually under the age of 18) must have permission of, and be directly supervised by their parent or legal guardian in order to use our application. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions before using the Cork Safety Alerts mobile application.

 

  1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Cork Safety Alerts mobile application is our proprietary property and all source code, databases, functionality, software, design, audio, video, text, images, and graphics on the mobile application (collectively, the “Content”) and the trademarks, service marks and logos contained therein (“the Marks”) are owned or controlled by us, or licenced to us, and are protected by copyright and trademark laws and other various intellectual property rights. Except as expressly provided in these Terms and Conditions, no part of the Cork Safety Alerts mobile application may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any business, commercial or revenue generating purposes whatsoever, without our express prior written permission.

Provided that you are eligible to use the Cork Safety Alerts mobile application, you are granted a limited licence to access and use the service, to download, save, print or screenshot a portion of any of our content to which you have correctly gained access to SOLELY for your PERSONAL non-commercial use only.

 

  1. USER REPRESENTATIONS

By using the Cork Safety Alerts mobile application, you represent and warrant that:

  1. All registration information you submit is true, accurate, current and complete.
  2. You will maintain the accuracy of such information, and promptly update such registration information as necessary.
  3. You have the legal capacity to agree and comply with these terms and conditions.
  4. You are not under the age of 13.
  5. You are not a minor, in relation to the laws of the Republic of Ireland, and if necessary – have parental permission to access the application.
  6. You will not access the Cork Safety Alerts mobile application through any automated, non-human means, whether through a bot, script or otherwise.
  7. You will not use the Cork Safety Alerts mobile application for any illegal, or unauthorised purpose.
  8. You agree that you will NOT use the Cork Safety Alerts mobile application while driving, or in control of any mechanically propelled vehicle. In doing so, this is at your own sole risk and may result in prosecution, injury or even death.
  9. Your use of the Cork Safety Alerts mobile application will not violate any applicable law, or regulations.

If you provide any information that is untrue, inaccurate, not current or incomplete we have the right to suspend, or terminate your account and refuse any and all current or future use of the Cork Safety Alerts mobile apps (or any part thereof.)

 

  1. USER REGISTRATION

You will be required to register in order to access the Cork Safety Alerts mobile application. You agree to keep your password confidential, and will be solely responsible for the use of your account and password.

We reserve the right to remove, reclaim, or change a username or email address you select if we determine, in our sole discretion, that such a username or email address is inappropriate, obscene, or otherwise objectionable.

 

  1. PROHIBITED ACTIVITIES

You may not access the Cork Safety Alerts mobile application for any purpose other than the that for which it is intended, or that we make available. Our mobile application may not be used in connection with any commercial endeavors except those that are specifically endorsed, or approved (in writing) by us.

As a user of the Cork Safety Alerts mobile application, you agree not to:

  1. Systematically retrieve data, or other content from our service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
  2. Make any unauthorised use of the Cork Safety Alerts mobile application, including collecting usernames and/or email addresses of users by electronic or other means or the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Circumvent, disable, or otherwise interfere with the security related features of the Cork Safety Alerts mobile application including features that prevent, or restrict the use or copying of any content or to enforce limitations on the use of the mobile application and/or the content contained therein.
  4. Engage in unauthorised framing or linking to the mobile application.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as users passwords.
  6. Make improper use of our support services, or submit false alerts, reports of abuse, or misconduct. Subscriber information (such as email address, IP address and device details) are transmitted when submitting such information.
  7. Engage in any automated use of the mobile application, such as using scripts to send messages, or use any data mining, robots or similar data gathering and extraction tools.
  8. Attempt to impersonate another user or person, or use the username, or details of another person.
  9. Sell or otherwise transfer your profile.
  10. Use any information obtained from the mobile application to harass, abuse, or harm another person.
  11. Use the mobile application as part of any effort to compete with us, or otherwise use the mobile application and/or content for any revenue generating, or commercial endeavor.
  12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the mobile application.
  13. Attempt to bypass any measure of the mobile application designed to prevent or restrict access to services, or any portion of the application.
  14. Harass, disrupt, intimidate, or threaten any of the Cork Safety Alerts team or agents, engaged in providing any portion of service to you.
  15. Delete, or remove any copyright or other proprietary rights notice from any content.
  16. Disparage, tarnish or otherwise harm, in our opinion, us and/or the Cork Safety Alerts mobile application.
  17. Use the Cork Safety Alerts mobile application in a manner inconsistent with any applicable laws or regulations.

 

  1. USER SUBMISSIONS

The Cork Safety Alerts mobile application invites you to contribute to, and participate in the submission of alerts to the Cork Safety Alerts team, direct from the mobile application.

Contributions that you submit, may or may not be made public on our mobile application, website, social media accounts and through third-party websites. As such, any contributions that you submit may be treated as non-confidential, and non-proprietary.

When you submit or make available any contributions, you thereby represent and warrant that:

  1. The creation, distribution, copying of your submission will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party, organisation or company.
  2. You have the necessary rights, consent and permission to use, and authorise us to use your submission in any manner contemplated by Cork Safety Alerts and these Terms and Conditions.
  3. You have written consent, permission of each and every personally identifiable individual person in your submissions to use the name, or likeness of each and every such identifiable individual person to enable inclusion and use of your submission in any manner contemplated by Cork Safety Alerts, and these Terms and Conditions.
  4. Your submissions are not false, inaccurate or purposely misleading.
  5. Your submissions are not unsolicited, or unauthorised advertising promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
  6. Your submissions are not obscene, lewd, vulgar, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us.)
  7. Your submissions do not ridicule, mock, disparage, intimidate or abuse anyone.
  8. Your submissions do not advocate the violent overthrow of any government organisation or incite, encourage, or threaten physical harm against any other person.
  9. Your submissions do not violate the privacy, or publicity rights of any third party.
  10. Your submissions do not contain any material that provides personal information from anyone under the age of 18.
  11. Your submissions do not violate any laws, as represented in the Republic of Ireland.
  12. Your submissions do not include any offensive content, that are connected to race, ethnic origin, gender, sexual preference or disability.
  13. Your submissions do not otherwise violate, or link to material that violates any provisions set forth in these Terms and Conditions.

 

  1. CONTRIBUTION LICENCE

By submitting content to Cork Safety Alerts, and making any contributions via our mobile application you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferrable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole, or in part) and distribute such submissions (including without limitation) for any purpose – commercial, advertising, or otherwise and to prepare derivative works of, or incorporate into other works such submissions and grant and authorise sublicences of the foregoing.

We may also at our sole discretion pass your material/images/videos to news crews, journalists and radio stations for publication.

You are solely responsible for your submissions to us, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

We have the right, in our sole and absolute discretion to:

  1. Edit, redact, or otherwise change any submissions.
  2. Re-categorise any submissions, to place them in more appropriate locations or categories.
  3. To pre-screen, or delete any submissions at any time, and for any reason without prior notice. We are under no obligation to monitor, or publish your submission.

 

  1. SUBMISSIONS

You acknowledge, and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Cork Safety Alerts mobile application provided by you to us are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise without acknowledgement, or compensation to you.

 

  1. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the mobile application, such as sidebar advertisements or banner advertisements. Mobile Adverts will be a mixture of private adverts, and AdMob advertisements provided by Google AdMob.

We simply provide the space to place such advertisements, and have no relationship with advertisers.

  1. APP MANAGEMENT

We reserve the right, but not the obligation to:

  1. Monitor the mobile application for violations of these Terms and Conditions.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation – reporting such users to an Garda Siochana.
  3. In our sole discretion and without limitation refuse, restrict access to, limit the availability of, or disable (to the extend technologically feasible) any access or submissions to the Cork Safety Alerts mobile application (or any portion thereof.)
  4. We also reserve the right to disable, delete or modify your account with or without prior notice or warning. This includes, but is not limited to: Account Details, Archived Locations or Filter Tags.

 

  1. TERM AND TERMINATION

These Terms and Conditions shall remain in full force, and effect while you are using the Cork Safety Alerts mobile application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY – DENY ACCESS TO AND USE OF THE MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION. WE MAY DISABLE, TERMINATE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION ASSOCIATED – WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we disable, terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or ‘borrowed’ name, or the name of any third party – even if you may have been acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take the appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

 

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove content (or contents) at any time, and for any reason at our sole discretion without notice. However, we have no obligation to update any information, either on our mobile application our website and social channels. We also reserve the right to modify, or discontinue all (or part of) our mobile application without notice at any time.

We will not be liable to you, or to any third party for any modification, price change, suspension or discontinuance of Cork Safety Alerts.

We cannot guarantee that the mobile application will be available, at all times. We may experience hardware, software, or other issues – or may need to perform maintenance related to the mobile application resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the application at any time for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance of the mobile application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the mobile application, or to supply any corrections, updates, or releases in connection therewith.

 

  1. CORRECTIONS

There may be information on the mobile application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability and other various information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site any anytime without prior notice.

  1. SUBSCRIPTIONS

Premium, and Community subscriptions are billed on a recurring subscription basis through the iTunes Store and Google Play Store. This means that you will be billed in advance, on a recurring and periodic basis. We have two different billing cycles available, monthly and annually (monthly, only for Community.) Please be aware, that your subscription will automatically renew (through the iTunes Store or Google Play Store) each month, unless you cancel the automatic renewal through your devices subscription settings. Should you have any questions in relation to your subscription, please let us know and we’ll be happy to help.

 

  1. REFUNDS

Purchases and Subscriptions are handled through the iTunes Store. Should you wish to request a refund for your subscription, please get in touch with iTunes Store Support to request a refund. Please see this knowledge base article for more information.

 

  1. DISCLAIMER

THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS, AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK AND DISCRETION. TO THE FULLEST EXTENT OF PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR INFORMATION WITHIN THE MOBILE APPLICATION AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY

FOR 1) ANY ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT 2) PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING IN YOUR ACCESS TO AND BY USE OF OUR SERVICES. 3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THERE IN, 4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, 5) ANY BUGS, ISSUES OR THE LIKE WHICH MAY OCCUR THROUGH THE USE OF THE MOBILE APPLICATION. 6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGHOUT THE SITE. ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM, OR IN ANY JUDGEMENT YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE, OR ANY MEMBER OF THE CORK SAFETY ALERTS TEAM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE CORK SAFETY ALERTS MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. USER DATA

We will maintain certain data that you transmit to Cork Safety Alerts for managing the performance of the mobile application, as well as data relating to your use of the application. Such information may represent Filter Tags, or Archived Locations. Although we perform regular, routine backups of data, you are solely responsible for all data that relates to you on the Cork Safety Alerts mobile app.

You agree that we shall have no liability to you for any loss or corruption of such data, loss of filter tags, or archived locations and you hereby waive any right of action against us arising from any such loss or corruption of such data.

How we process and use your data is displayed within our Privacy Policy.

CONTACT US

In order to resolve any complaint regarding the Cork Safety Alerts mobile application, or to receive more information relating to the use of our mobile application please email us app@corksafetyalerts.com.