Terms of Use
TERMS OF USE
APPMIRATION B.V.
1. Definitions and scope of application
1.1 The following definitions shall be used in these terms and conditions:
Appmiration : the private company with limited liability under the laws of the Netherlands: Appmiration B.V., with its registered office in ‘s-Hertogenbosch, the Netherlands;
the Basic App : the FiDB app provided by Appmiration to the Users concerning Formula 1 race results;
the Premium App : the FiDB app provided by Appmiration to the Users concerning concerning Formula 1 race results without initial limitations (as of March 2017 these limitations are removed);
the User : the person or company that uses the Basic and/or Premium App provided by Appmiration;
the Website : the website of Appmiration: http://www.appmiration.com;
1.2 By downloading the Basic and/or Premium App the User accepts the applicability of these terms of use. Appmiration can modify these terms of use if necessary. The changed version of these terms will be applicable from the moment the (changed) terms are publicized on the Website. If a User does not accept the changed terms of use, he/she has to notify Appmiration in writing within one week after publication of the changed terms of use on the Website.
1.3 Terms and conditions of Users are never applicable on the services/ the Basic and Premium App provided by Appmiration.
2. The Basic and Premium App
2.1 Appmiration provides services by the Basic and Premium App and the User accepts these services by downloading the Basic and/or Premium App.
2.2 To download, install, access or use the Basic and/or Premium App, the User must be 18 years or older. If the User is under 18, he/she must get consent from his/her parent or guardian.
2.3 After downloading the Basic App the User can access all Formula 1 results from the past races and summaries thereof provided by Appmiration, with some restrictions to certain records or summaries.
2.4 After downloading the Premium App update the User can access all Formula 1 results from the past races and summaries thereof provided by Appmiration, without the restrictions of the Basic App.
2.5 To use updates to the Basic and/or Premium App and the content of the Apps the User will require Internet connectivity and appropriate telecommunication links. Appmiration is never responsible or liable for any Internet, telephone or other costs the User may incur.
2.6 The User is not entitled to perform any actions that would interfere with the proper working of the Basic and/or Premium App. The User will not use the Basic and/or Premium App in breach with any law, regulation or any intellectual property right of Appmiration or a third party, in a fraudulent or criminal way or to spread obscene, indecent, discriminatory, hateful or threatening information.
2.7 The User agrees to comply at all times with any instructions for the use of the Basic and/or Premium App that Appmiration makes from time to time.
2.8 By using the Website or downloading the Basic and/or Premium App, the User gives permission to Appmiration to gain insight in the privacy- and equipment data of the User and to send ‘push-messages’. The User can always withdraw its permission to gain insight privacy data and/or to receive ‘push-messages’.
2.9 Appmiration will only use the privacy- and equipment data of the User to perform and improve its services. Personal data of the User are treated with the utmost care and security and in line with Dutch legislation concerning privacy protection and the Dutch Telecommunication Act. The Appmiration Privacy Policy applies to the use of the Basic and Premium App. This Privacy Policy is available on the Website and will be sent to the User on request free of charge.
3. Fee Premium App
3.1 Before downloading the Premium App through In App Purchase the User had to pay a fee of € 4,99 (in word: “four euro and ninety nine cents”) to Appmiration through Apple’s App Store. As off March 2017 this fee is no longer needed to get full functionality.
3.2 No reimbursement of this fee will be effected in any case whatsoever.
4. Annual Fee Basic and Premium App
4.1 As of April 2017 there will be a subscription with an annual fee through In App Purchase to receive updates of races to come. To keep updated the User has to pay a fee of € 1,99 (in word: “one euro and ninety nine cents”) to Appmiration through Apple’s App Store. The payment will be charged to the chosen iTunes Account at confirmation of purchase.
4.2 The subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the running period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s iTunes Account Settings after purchase.
4.3 The iTunes account will be charged for renewal within 24-hours prior to the end of the running period, and identify the cost of the renewal.
4.4 No reimbursement of this fee will be effected in any case whatsoever.
5. Termination
5.1 The User can end his/her use of the Basic and/or Premium App immediately.
5.2 Appmiration can block or end the Use of the Basic and/or Premium App by User immediately on suspicion of misuse or if the User does not comply with the provisions in these terms of use.
6. Force Majeure
Appmiration is no longer obliged to provide the Basic and/or Premium App if it has become impossible, practically unfeasible, unsafe to provide (part of) the Basic and/or Premium App and/or in all events which are beyond the control of Appmiration and which are unforeseen, unavoidable or insurmountable, and which prevent total or partial performance by Appmiration. Such events shall include:
an act of God;
fire;
a riot or other demonstration or revolt in, around or in the vicinity of the location(s) where part of the services have to be provided or elsewhere if such hampers the transport of goods or people to the location(s) where part of the services have to be provided;
a strike, lock out or other problems relating to personnel of Appmiration;
a decision, writ, or regulation issued by a legal institution, government agency or public body;
an act of war or terrorism;
the absence of electricity or other essential provisions;
extreme weather conditions;
or any other circumstance beyond the control of one of Appmiration.
7. Intellectual property rights
7.1 The User acknowledges that all intellectual property rights concerning the Basic and Premium App (and all rights related thereto, such as design and software) are the sole property of Appmiration. Nothing in these terms of use is intended to transfer any intellectual property rights to the User and/or third parties engaged by the User.
7.2 The User is not allowed to engage in any acts that may infringe the intellectual property rights of Appmiration. Content in the Basic and/or Premium App and/or Website may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of Appmiration or the licensor.
8. Liability and indemnification
8.1 Appmiration is never liable for any loss, costs, expenses or damages of any nature whatever (whether direct or indirect) resulting from the use of the Basic and/or Premium App and/or the Website, unless such damages are caused by the willful intent or gross negligence on the part of (the executive staff) of Appmiration.
8.2 Appmiration is never liable for (i) loss of profits (ii) loss of business (iii) loss of goodwill and/or similar losses (iv) loss of anticipated savings (v) loss of goods (vi) loss of contract (vii) loss of use (viii) loss of corruption of data of information (x) (other) pure economic loss (xii) and/or any special indirect, consequential, costs, damages and/or charges.
8.3 Appmiration is never liable for any loss, costs, expenses or damages of any nature whatever (whether direct or indirect) if Appmiration is prevented to provide the Basic and/or Premium App by events beyond its reasonable control including acts, events, omissions, accidents, strikes, lock-outs or other industrial disputes (whether involving Appmiration workforce or any other party), failure of a utility service or transport network, failure of the Internet or telephone network, act of God, war and terrorism, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or any other circumstances beyond the control of Appmiration.
8.4 The Basic and/or Premium App or the Website may contain hyperlinks to websites of third parties. Appmiration is not liable for the use or the content on these websites.
9. Miscellaneous
9.1 The titles of the articles in these terms of use are solely for the sake of convenience and do not bear any contractual or judicial meaning.
9.2 If one or more of the provisions contained in these terms of use are null and void or nullified, the remaining provisions contained in these terms will continue to apply in full. In such cases Appmiration will format new provisions to replace the provisions that are null and void or that have been nullified, in which context the intention and purport of the original provision will be taken into consideration to every extent possible.
10. Choice of law and jurisdiction
10.1 All legal relationships and any disputes resulting from, or related to, the use of the Basic and/or Premium App are exclusively governed by Dutch law.
10.2 Any disputes resulting from the use of the Basic and/or Premium App will, in the first instance, be submitted to the competent court in ‘s-Hertogenbosch, the Netherlands, unless Parties agree upon alternative dispute resolution like arbitration, binding third-party ruling (“bindend advies”) or mediation.