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End User License Agreement
Last edited August 15, 2024
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using the Sailaway software.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
● "Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
● "Company" (referred to as either "the Company", "Orbcreation”, "We", "Us" or "Our" in this Agreement) refers to Orbcreation BV, registered by the Dutch Chamber of Commerce under number 54234808
● "You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
● "Application" means any version of the Sailaway software provided by Orbcreation BV downloaded by You.
● "Services" means the Application, the sailaway.world website, all web pages and web services under any subdomain of sailaway.world, any support applications and tools provided by Company and related to Application.
● "Application Store" means the digital distribution service by which the Application has been downloaded to your Device.
● "Content" refers to any content, including, but not limited to, text, images, photos, videos, sounds, 3D models, virtual reality environments or features, software and other information and materials that can be posted, uploaded, linked to or otherwise made available by You or Company, regardless of the form of that content.
● "Country" refers to The Netherlands
● "Device" means any device that can access the Application such as a computer, a cell phone or a digital tablet.
● "Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download and do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Under 18
Any action by a person who’s age is under 18 with regard to Application should be supervised by a parent or a guardian. This includes the use of, distribution of, and purchase of Application, Virtual Items, User Content and/or in-game currency.
Code of Conduct
You agree to abide by this code of conduct when using Application or Services:
(a) Do not use derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or discriminatory language.
(b) Do not harass, bully, threaten, harm or cause discomfort for other users. For example:
Use of hate speech or racial, ethnic, sexist, homophobic or religious slurs;
Harassment of a specific person (repeated flaming or personal attacks); or
Disclosing any personal or private information of another person, or any confidential information pertaining to a business, without consent.
(c) Do not promote, plan, glorify or engage in any illegal activity or otherwise make available content that would encourage or provide instructions for an illegal activity. These topics include but are not limited to crimes relating to drugs, drug paraphernalia, rape, solicitation of a minor, computer hacking, counterfeiting and fraud.
(d) Do not impersonate other persons, including fellow users, or Company staff or attempt to obtain sensitive information from other users. For example:
Falsely claiming an official title or to hold position relating to Company;
Falsely claiming the representation of another business or websites;
Falsely claiming to be a law enforcement officer; or
Soliciting passwords or personal information from other users.
(e) Do not engage another user under false pretenses or otherwise defraud another user.
Company, at its sole discretion, may issue a warning or expel User from the Services for violations of the Code of Conduct.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application infringes any third party intellectual property rights.
User Content
Application includes interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, 3D models, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. By submitting User Content through the Application, you grant Company a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Application. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.
You are solely responsible for the User Content you make available through the Application and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Company the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User Content does not violate our community standards.
Company does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Company has no responsibility or liability for User Content made available through the Application, and we have no obligation to screen, edit or monitor such User Content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.
Purchases
Account
You may be required to be a registered user in order to purchase Application, Content or User Content. You are responsible for all charges incurred in connection with your account. Company may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Company reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Company will allow you to register again.
Virtual Items
Your purchase of Virtual items, User Content or in-game currency within the Services is a payment for a limited, non-assignable license to access and use such content or functionality in the Services. Virtual items, User Content or in-game currency purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time. Company is not responsible in any way for Virtual items or User Content that were created by You or other Users and thus not created by Company, even though the tools used to create (parts of) such Virtual item or User Content may have been provided by Company.
Pricing and Payment
We may accept various forms of payment, including credit and debit cards, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
Taxes
If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
Content Cancellations and Returns
All purchases of digital content are final except as required by law. Once you purchase Content, we encourage you to download, install and/or access it promptly. If you are located in the EU, you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased content, please contact us at support@sailaway.world.
Sales
In-game currency
It is possible to earn in-game currency by selling Content or other activities. When converting this in-game currency to Euros, the conversion rate, the applied conversion costs and applied transaction costs will be determined by Company. Company has the right to clear all in-game currency when You have not logged in to the Application for 1 year.
Taxes
If any type of income tax, sales tax, duty or other governmental tax or fee (“Taxes”) is applicable, then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due.
Updates, Modifications and Maintenance
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or €100 if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
European Union Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the European Union embargo, or that has been designated by the European Union as a "terrorist supporting" country, and (ii) You are not listed on any European Union list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us via email: info @sailaway.world
Last edited August 15, 2024
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using the Sailaway software.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
● "Agreement" means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
● "Company" (referred to as either "the Company", "Orbcreation”, "We", "Us" or "Our" in this Agreement) refers to Orbcreation BV, registered by the Dutch Chamber of Commerce under number 54234808
● "You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
● "Application" means any version of the Sailaway software provided by Orbcreation BV downloaded by You.
● "Services" means the Application, the sailaway.world website, all web pages and web services under any subdomain of sailaway.world, any support applications and tools provided by Company and related to Application.
● "Application Store" means the digital distribution service by which the Application has been downloaded to your Device.
● "Content" refers to any content, including, but not limited to, text, images, photos, videos, sounds, 3D models, virtual reality environments or features, software and other information and materials that can be posted, uploaded, linked to or otherwise made available by You or Company, regardless of the form of that content.
● "Country" refers to The Netherlands
● "Device" means any device that can access the Application such as a computer, a cell phone or a digital tablet.
● "Third-Party Services" means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download and do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
Under 18
Any action by a person who’s age is under 18 with regard to Application should be supervised by a parent or a guardian. This includes the use of, distribution of, and purchase of Application, Virtual Items, User Content and/or in-game currency.
Code of Conduct
You agree to abide by this code of conduct when using Application or Services:
(a) Do not use derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or discriminatory language.
(b) Do not harass, bully, threaten, harm or cause discomfort for other users. For example:
Use of hate speech or racial, ethnic, sexist, homophobic or religious slurs;
Harassment of a specific person (repeated flaming or personal attacks); or
Disclosing any personal or private information of another person, or any confidential information pertaining to a business, without consent.
(c) Do not promote, plan, glorify or engage in any illegal activity or otherwise make available content that would encourage or provide instructions for an illegal activity. These topics include but are not limited to crimes relating to drugs, drug paraphernalia, rape, solicitation of a minor, computer hacking, counterfeiting and fraud.
(d) Do not impersonate other persons, including fellow users, or Company staff or attempt to obtain sensitive information from other users. For example:
Falsely claiming an official title or to hold position relating to Company;
Falsely claiming the representation of another business or websites;
Falsely claiming to be a law enforcement officer; or
Soliciting passwords or personal information from other users.
(e) Do not engage another user under false pretenses or otherwise defraud another user.
Company, at its sole discretion, may issue a warning or expel User from the Services for violations of the Code of Conduct.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application infringes any third party intellectual property rights.
User Content
Application includes interactive features and areas where you may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, 3D models, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. By submitting User Content through the Application, you grant Company a worldwide, irrevocable, perpetual (i.e. lasting forever), non-exclusive, transferable, royalty-free and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform and distribute such User Content in connection with the Application. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.
You are solely responsible for the User Content you make available through the Application and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Company the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) your User Content does not violate our community standards.
Company does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Company has no responsibility or liability for User Content made available through the Application, and we have no obligation to screen, edit or monitor such User Content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.
Purchases
Account
You may be required to be a registered user in order to purchase Application, Content or User Content. You are responsible for all charges incurred in connection with your account. Company may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Company reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Company will allow you to register again.
Virtual Items
Your purchase of Virtual items, User Content or in-game currency within the Services is a payment for a limited, non-assignable license to access and use such content or functionality in the Services. Virtual items, User Content or in-game currency purchased or available to you in the Services can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time. Company is not responsible in any way for Virtual items or User Content that were created by You or other Users and thus not created by Company, even though the tools used to create (parts of) such Virtual item or User Content may have been provided by Company.
Pricing and Payment
We may accept various forms of payment, including credit and debit cards, and additional terms with your payment provider may apply. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
Taxes
If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
Content Cancellations and Returns
All purchases of digital content are final except as required by law. Once you purchase Content, we encourage you to download, install and/or access it promptly. If you are located in the EU, you consent that the supply of the digital content may begin immediately following the completion of your purchase and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased content, please contact us at support@sailaway.world.
Sales
In-game currency
It is possible to earn in-game currency by selling Content or other activities. When converting this in-game currency to Euros, the conversion rate, the applied conversion costs and applied transaction costs will be determined by Company. Company has the right to clear all in-game currency when You have not logged in to the Application for 1 year.
Taxes
If any type of income tax, sales tax, duty or other governmental tax or fee (“Taxes”) is applicable, then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due.
Updates, Modifications and Maintenance
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or €100 if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
European Union Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the European Union embargo, or that has been designated by the European Union as a "terrorist supporting" country, and (ii) You are not listed on any European Union list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us via email: info @sailaway.world