Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not download or install this application. By downloading, installing or using this application or any portion thereof, you agree to the following terms and conditions. Note: download requires Internet access; wireless carrier fees may apply per your plan.
This native directory application (the "App"), together with any Content (as defined below) you are entitled to receive from The Portrait Cafe (collectively the "Licensed Application"), is licensed, not sold, to you by Portrait Cafe Enterprises, LLC, The Portrait Cafe, or Family Focus Church Directories (collectively referred to as “The Company” for purposes of this document) on behalf of the company and, if applicable, the organization with whom you are affiliated and who authorized you to view and use its Directory Native Application. Your use of the Licensed Application is subject to the terms of this End User License Agreement (EULA). The Company reserves all rights not expressly granted to you. You acknowledge that the EULA is concluded between yourself and The Company only, and not with Apple, and that The Company, not Apple, is solely responsible for the Licensed Application and the content thereof.
A. Scope of License. This license is limited to a non-transferable license to use the Licensed Application on any compatible iOS-based mobile device that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the "Usage Rules"). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sub-license the Licensed Application or any part thereof. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of The Company and its licensors. If you breach this restriction, you may be subject to prosecution as well as civil penalties and damages. The terms of the license will govern any upgrades provided by The Company that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
B. Consent to Use of Data. You agree that The Company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. The Company may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you that may enhance the user experience.
C. Termination. The license is effective until terminated by you or The Company. Your rights under this license will terminate automatically without notice from The Company if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and delete, uninstall, or otherwise destroy all copies, full or partial, of the Licensed Application.
D. Services; Third Party Materials. The Licensed Application may enable access to The Company and third party providers and/or services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that The Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither The Company, Publisher, nor any of their content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of data displayed by any Services.
E. Proprietary Content. You agree that the Licensed Application and any Services (the "Technology") 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 Technology 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 Technology, in any manner, and you shall not exploit the Technology in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Technology in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that The Company 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 Technology. The Company and its licensors reserve the right to change, suspend, remove, or disable access to any Technology at any time without notice. In no event will The Company be liable for the removal of or disabling of access to any such Technology. The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
F. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PORTRAIT CAFE ENTERPRISES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY 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. PORTRAIT CAFE ENTERPRISES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PORTRAIT CAFE ENTERPRISES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR 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.
h. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PORTRAIT CAFE ENTERPRISES OR ITS LICENSORS 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PORTRAIT CAFE ENTERPRISES OR ITS LICENSOR 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 The Company'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.
G. Governing Law. The laws of the State of Tennessee, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
H. Third Party Beneficiary. Apple and Apple's subsidiaries, are third party beneficiaries of the EULA. Upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.