Content that is abusive, threatening, pornographic, or otherwise objectionable will not be tolerated. Users who post such Content will be immediately banned from the Services, without notification. For further information, please view our Community Standards, which we will add to and modify as different patterns of use evolve.
We reserve the right to change these Terms at any time at our sole discretion. You will be notified of such changes by a revised date at the top of the policy and, in some cases, via additional notice (such as adding a statement to our homepage). The new Terms will become effective immediately after we post the notice on our Site. Your continued access to or use of the Services after the new Terms become effective will constitute acceptance of the new Terms.
These Terms are between you and Canary, and not with Apple, Inc. While you may be subject to certain terms and conditions with Apple, Inc. by using Apple's App Store or other products, these Terms are specifically between You and Canary. Your use of the Services, including any data transmitted, received or displayed by the Services (the "Content"), is governed solely by these Terms. Please see the Notice Regarding Apple section of this agreement below for further information.
The Services are licensed, not sold, to You for use only under the terms of this license. Canary reserves all rights not expressly granted to You.
You must be at least 13 years of age to use the Services.
Subject to these Terms, we grant to You, solely for Your own use, and not for the use or benefit of any third party, a limited, non-exclusive, non-transferable, and revocable license to use the Services. In addition to adding features, we may change, discontinue, or suspend any or all of the Content or Services at any time. We may also limit access to or require payment for certain features or otherwise restrict Your access to all or part of the Content or Services at any time, without prior notice or liability.
As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms. The Services are provided only for Your own personal, non-commercial use. You are responsible for all of Your activity in connection with the Services.
By way of example, and not as a limitation, by using the Services, You agree not to engage in any of the following activities with respect to Your use of our Services:
The license is effective until terminated by You or Canary. Your rights under this license will terminate automatically without notice from Canary if You fail to comply with any term(s) of this license. Canary reserves the right to terminate your access to the Services at any time at our sole discretion, with or without notice to you. Upon termination of the license, You shall cease all use of the Licensed Applications, and destroy all copies, full or partial, of the Licensed Applications.
You may terminate this license at any time by uninstalling your Licensed Applications.
You retain Your rights to any Content You submit through the Services. By submitting Content through the Services, You grant us a worldwide, non-exclusive, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Canary to make such Content available to other companies, organizations or individuals who partner with Canary for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Canary, or other companies, organizations or individuals who partner with Canary, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Services.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be rebroadcast by our partners and if You do not have the right to submit Content for such use, it may subject You to liability. Canary will not be responsible or liable for any use of Your Content by Canary in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit, and You agree to pay all royalties and other amounts owed to any person or entity due to Your submission of any Content to the Services.
The Licensed Applications may enable access to Canary's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Canary shall not have any liability to You for Content that may be found to be offensive, indecent, or objectionable.
You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Canary is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CANARY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CANARY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CANARY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CANARY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CANARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Canary's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Licensed Applications. Your use of the Licensed Applications may also be subject to other local, state, national, or international laws.
These Terms, and the agreements incorporated therein, are the entire agreement between You and Canary with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Canary with respect to the Services.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of Canary to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
While you may be subject to certain terms and conditions with Apple, Inc. by using Apple's App Store or other products, these terms are specifically between You and Canary. Your use of the Services is governed solely by these terms.
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and Canary acknowledge that the terms are solely between you and Canary, and not with Apple, Inc. ("Apple"), and that Canary, not Apple, is solely responsible for the Service, the Content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of these Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Canary is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Canary. However, you understand and agree that in accordance with these Terms, Canary has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
You and Canary acknowledge and agree that as between Apple and Canary, Canary, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Canary acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Canary, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any end-user questions, complaints or claims with respect to the App should be directed to:
Canary Mobile Development LLC
604-33 Water Street
Vancouver, BC V6B 1R4
The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof.