Stand Tall Game: Mobile Terms and Conditions – iPhone / Apple App Store
1.1. These terms and conditions apply to your use of IHC New Zealand Incorporated’s Stand Tall mobile app (App) to play the Stand Tall game (Game). They form a legal contact between you, the user, and us, IHC New Zealand Incorporated (IHC).
1.2. It is important you read and understand these terms and conditions before installing the App, as installing and using the App will constitute acceptance of these terms and conditions.
2.1. IHC does not guarantee the operation of the App will be continuous, complete, or error-free. To the extent permitted by law, IHC does not accept any liability or responsibility whatsoever if the App is not available, complete, or error free over any period or at any particular time.
2.2. The App may have limited compatibility across different devices and operating systems. You are responsible for verifying that the App is compatible with your device and its operating system.
3.1. IHC grants you a non-exclusive, non-transferable, non-shareable, revocable, limited licence to use the App for solely personal, non-commercial use in accordance with these terms and conditions.
4. Intellectual Property and copyright
4.1. Nothing in these terms and conditions gives you any right, title, or interest in any intellectual property rights relating to the App or the Game (including IHC trademarks, whether registered or otherwise), music, soundbites, images and/or designs.
4.2. You may use the material or intellectual property on the App for the purpose of playing the Game. However, that material or intellectual property may not be reproduced or used by you in any other manner whatsoever.You must not duplicate, copy, reproduce, reverse-engineer, distribute, transmit, adapt, republish, display, or use the App or any of its contents, in any form or manner, except to use it for the purpose of playing the Game.
By installing the App and playing the Game you agree that IHC may collect your personal information.
5.1. When you finish playing the Game, you will be asked to complete a voluntary survey, and if you complete the survey you will be providing personal information to IHC.
6. Internet and mobile provider terms and charges
6.1. IHC will not charge you for downloading the App, but your internet provider or mobile network provider may charge you for connection services when you download and/or use the App. You agree IHC is not responsible for any of those charges.
7. Limitation of liability
To the maximum extent permitted by law, IHC:
7.1. excludes all warranties and liabilities that may apply to your use of the App; and
7.2. is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, a handheld device, or mobile device as a result of the installation or use of the App.
8. Code of conduct
8.1. You agree that you will not, under any circumstances:
8.2. Use the App in violation of any applicable law or regulation;
8.3. Use the App for commercial purposes;
8.4. Use the App for fraudulent or abusive purposes including, but not limited to, using the App to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or the App;
8.5. Disrupt, interfere with, or otherwise adversely affect the App or otherwise act in a manner which may negatively affect other users’ experience with the App;
8.6. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the App;Engage in any form of objectionable behaviour relating to the App including, but not limited to, posting or otherwise disseminating inappropriate content, harassing or abusing any person;
8.7. Unless specifically authorised by applicable law, attempt to decompile, reverse engineer, disassemble, or hack the App, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by IHC, or to obtain any information from the App using any method not expressly permitted by IHC;
8.8. Harvest, scrape or collect any information about or regarding other people that use the App, including, but not limited to, through use of pixel tags, cookies, or similar items (sometimes also referred to as spyware); or
8.9. Engage in any act that IHC deems to conflict with the spirit or intent of the App or make improper use of IHC’s support services.
9.1. IHC has the right to cancel your use of the App if you are found to be in breach of these terms and conditions.
9.2. You may stop using the App at any time by uninstalling it from your device.
9.3. Once you have uninstalled the App, the rights and licenses granted to you under these terms and conditions will end and you will not be able to use App, unless you re-install it and agree to these terms and conditions.
10. Changes to these terms and conditions
10.1. By accessing and playing the Game you agree that IHC may change these terms and conditions that apply to the Game, and that IHC will notify you of any changes with a pop-up notification within the App.
10.2. If you do not want to be bound by those changes to the terms and conditions, you can uninstall the App before the changes take effect as outlined above at paragraph 9.2.
10.3. From time to time, we may upgrade the App. If you do not install the upgrade, some or all of the functionality on the App may not be available to you.
11. Governing Law
11.1. These terms and conditions are governed by and construed in accordance with New Zealand law. You agree to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and conditions.
12. For the iPhone version of the App
12.1. You acknowledge that these terms and conditions are between us and you, not Apple Inc. You are given a non-transferable license to use the App on your mobile device in accordance with these terms and conditions and the Apple Usage Rules in the Apple Store Terms of Service.
12.2. Subject to these terms and conditions, IHC is solely responsible for the App, and Apple Inc. is not responsible for the App in any way. To the maximum extent permitted by law, Apple Inc. has no warranty obligations whatsoever with respect to the App. You agree that IHC, and not Apple Inc., are responsible for the following things:
12.3. Addressing any claims by you or a third party in relation to the App, including but not limited to, product liability claims, claims that the App fails to conform to legal or regulatory requirements or consumer protection claim;
12.4. Investigating any claim that the App breaches third party intellectual property rights, and for defending, settling or discharging such claim; and
12.5. Maintenance and support services for the App.
12.6. In the event of any third-party claim that the App or your possession and use of the App infringes a third party’s intellectual rights, Apple Inc. will not be responsible for the investigation, defence, settlement, or discharge of any such intellectual property infringement claim.
12.7. If you need to contact IHC regarding questions, complaints or claims relating to your use or possession of the App, our contact details are:
Address: IHC National Office, Level 15, 57 Willis Street, Wellington, New Zealand
Phone number: +64 0800 442 442
Email address: firstname.lastname@example.org
12.5. You warrant that you are not located in a country that is subject to a US Government embargo or is designated by the US Government as a ‘terrorist supporting’ country, and you are not listed on any US Government list of prohibited or restricted parties.
12.6. You agree that Apple Inc. and its subsidiaries are third party beneficiaries of these conditions of use and that Apple Inc. has the right (and will be deemed to have accepted the right) to enforce these conditions of use against you as a third-party beneficiary.
12.7. iPhone and the App Store are trademarks of Apple Inc., registered in the US and other countries.