Last Revised: 15th December, 2014
These Terms of Service (“Terms”) apply to your access and use of the Honest mobile application (the “App”), the Honest website (“Site”), and other online products and services (collectively, the “Service”). Honest is a trading name of Modular Innovations Limited whose registered office is at Sovereign House, 82 West Street, Rochford, England SS4 1AS (“Honest” “We” “Us”).
1) Don’t post, link or otherwise make available on or through Honest any of the following:
3) We change these Terms of Service every so often. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (like on our homepage or over email).
4) These terms are between you and Honest, and not with Apple, Inc. You may also be subject to certain terms and conditions with Apple, Inc. by using Apple’s App Store or other products, (“Apple Terms”). Your use of the Honest Service is governed by these terms and any applicable Apple Terms.
5) If you access or use Honest, it means you agree to all the terms below.
ACCEPTING THESE TERMS
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know.
CHANGES TO THESE TERMS
We reserve the right to change this Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Terms of Service periodically to stay informed about our practices. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms.
When you create an account you also agree to maintain the security of your password and accept all risks of unauthorized access to your account. If you discover or suspect any Service security breaches, please let us know as soon as possible.
RIGHT TO USE THE SERVICE
Honest grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Honest that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
However, unless we expressly state otherwise, your right to use the Service does not include (i) publicly performing or publicly displaying the Service, (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof, (iii) using any data mining, robots or similar data gathering or extraction methods, (iv) downloading (other than page caching) of any portion of the Service or any information contained therein, (v) reverse engineering or access to the Service in order to build a competitive product or service, or (vi) using the Service other than for its intended purposes. Should you do any of this, we may terminate your use of the Service, and you may have infringed the copyright and other rights of Honest, which may subject you to prosecution and damages.
All information, materials and content of the Service including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Honest and is used with permission.
YOUR CONTENT & CONDUCT
You agree to follow our Honest Rule Book. You may not post, link and otherwise make available on or through the Service any of the following:
· Transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal, or otherwise objectionable material or content;
· Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
· Interfere with or disrupt networks or websites associated with the Honest service or violate the regulations, policies, or procedures of such networks;
· Attempt to gain unauthorised access to the Honest website, Honest service, other accounts, computer systems, or networks associated with the Honest service, through password mining or any other means.
When you post, link or otherwise make available content to the Service, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any manner or media, on or off the App.
Any suggestions, comments or other feedback provided by you to us with respect to the Service will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL HONEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any other provision of these Terms we do not exclude our liability for death or personal injury caused by our negligence or for fraud.
You agree to indemnify Honest against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
THIRD PARTY SOFTWARE
The software you download consists of a package of components, including certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms ”). Your use of the Third Party Software is subject to the Third Party Terms.
MODIFICATIONS TO THE SERVICE
Honest reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Honest will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
Honest may suspend and/or terminate your rights with respect to the Service for any reason or for no reason at all and with or without notice at Honest’s sole discretion. Suspension and/or termination may include restricting access to and use of the App. If your rights with respect to the Service are suspended and/or terminated, you agree to make no further use of the Service during suspension or after termination. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
If Honest believes a Post you have made violates these Terms, Honest may make that Post invisible to other users without notifying you.
APPLICABLE LAW & INDEMNITY
You shall abide by all applicable local, state, national, and international laws and regulations and be solely responsible for all acts or omissions that occur with respect to your use of the Honest service and/or under your account or password, including those related to the protection of intellectual property, data privacy, international communications, and transmission of technical or personal data. By way of example, and not as a limitation, you will not, directly or indirectly:
If you engage in any activity set forth above or violate any other Terms and Conditions, your account will be terminated and use of the Honest service prohibited.
You understand that any account that has been inactive (the user has not logged into the Honest administration tool or received any submissions on their forms) for twelve or more months is subject to termination. Honest will attempt to notify you of such pending termination by sending a message to the email address stored for your account.
Honest is not liable for any indirect, special, incidental, or consequential damages (or for loss of business or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. If you are dissatisfied with the Honest service or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Honest service immediately.
You agree to indemnify, defend, and hold Honest and its partners, employees, agents, and affiliates harmless from any liability, loss, claim, and expense including reasonable attorneys’ fees, related to your violation of these Terms and Conditions, use of the Honest service, creation or use of a form, collection, possession, or use of data derived from a form, or any service provided or performed or agreed to be performed, or any product sold by you, your agents, employees, or assigns.
Any cancellation of your account will result in the deactivation or deletion of your account or your access to the account. Please be aware that Honest may for a time retain residual information and/or archival copies in its database.
Honest is in no way responsible for user-generated content. Content posted on this app is subject to these terms and conditions.
NOTICE REGARDING APPLE
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 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.
SCOPE OF LICENSE
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.
Any end-user questions, complaints or claims with respect to the App should be directed to email@example.com
These Terms shall be governed by the laws of England and Wales and you and Honest both agree to submit to the Courts of England and Wales to determine any dispute arising under or in connection with these Terms.