End-User License Agreement
- These terms and conditions (“Terms”) apply to all and any use of Jeanie
and its content and information received using it (“Information”), together
with all and any comments, postings, emails, messages and other communications
made to or using it or any message board or similar services run or made
available on or through Jeanie (“Communications”).
- Jeanie (“Jeanie”) is a mobile location based information service operated
and owned by Jeanie Media Limited (“Jeanie Media”).
- By using Jeanie you undertake that you understand, accept and are able
to accept these Terms and agree to be bound by these Terms.
- If you do not accept or understand these Terms you should not use Jeanie
or any part of it including without limitation by using, posting or accessing
the Information or Communications.
- If you are under the age of 18 or don’t understand these terms please
ask a parent or guardian to explain their meaning to you.
- Jeanie Media may make alterations to these terms and conditions from
time to time and these variations shall become effective immediately upon
being accessible from www.jeaniemedia.com/terms.
Copyright, Trade Marks and other Intellectual Property Rights
- All copyright, design rights, database right and other like rights
in Jeanie belong to and vest in Jeanie Media, or are licensed to Jeanie
Media unless otherwise specified. All such rights of Jeanie Media are
hereby asserted and reserved.
Use of Jeanie and Information
- You MAY download and use Jeanie and the Information on it solely for
your private, non-commercial, personal use only.
You MAY NOT:
- transfer, sub license or deal in this right without Jeanie Media's
prior written permission;
- use Jeanie or any Information for any commercial or business purpose;
- use, extract or reutilise any Information for the purposes of creating
any other work or database;
- use your access to Jeanie, or information gathered from it, for the
sending of unsolicited marketing;
- hack, attempt to hack, distribute, modify, transmit, re-use or re-post
any, all or part of Jeanie or the Information for any purpose other than
as permitted above;
- provide hypertext links, URL Links, graphic links, hyperlinks or other
direct connection for profit or gain to any Information;
- display, publish, copy, print, post or otherwise use Jeanie and the
information contained therein for the benefit of any third party;
- process or otherwise use Jeanie or the Information for any illegal or
immoral purpose nor use or process the same unfairly.
- You must retain all copyright notices and other proprietary notices
contained in Jeanie and any Information.
- All third party copyright, design rights, database rights, patents,
trade names and trade marks are the property of their respective owners
and Jeanie Media makes no warranty or representation in relation thereto.
Jeanie
- Third party material accessed through Jeanie has not been verified
or reviewed by Jeanie Media and use and access of such third party material
is made at your own risk.
- Any username and password issued to you is personal to you, so that
you can use and access Jeanie and must not be disclosed to any third party
without Jeanie Media’s prior written consent.
- All email communications sent by Jeanie Media and attachments thereto
are intended only for the addressee and/or others authorised to receive
them.
Information
- Jeanie Media is engaged in the business of providing a location based
information service and ancillary to this is engaged in the transmission,
storage, retrieval, hosting, formatting or translation of third party
information, data and communication without selection or alteration of
that content for which it is a mere conduit.
- You agree and accept that Jeanie requires your consent for your location
and any location data concerning you and held by any telecommunications
network or your mobile telephone network provider be released and made
available to Jeanie Media for the provision of Jeanie and that acceptance
of these terms and your use of Jeanie shall be deemed your consent and
approval for the purposes hereunder.
- You agree and accept that Jeanie Media has no responsibility to review
the content of the Information accessible through Jeanie all of which
is made available on the basis that Jeanie Media shall not be required
to exercise any control or judgement of the content or the material contained
therein.
- The views expressed in any Information are the views of the individual
authors and not those of Jeanie Media unless specified otherwise by Jeanie
Media. In particular but without limitation to the above Jeanie Media
is not responsible for and disclaims all liability in respect of any comments,
views or remarks expressed in any Information.
- Jeanie Media gives no warranty and makes no representation as to the
accuracy, currency or validity of the information and material contained
within the Information or Jeanie and shall not be responsible for any
loss or damage caused as a result of any use of such material, nor for
any inaccuracies in confirming your location through Jeanie. You further
agree and accept that the accuracy of the location aspect of Jeanie will
vary according to your location at the time of using Jeanie.
- If you believe that the content of any information is unlawful or unacceptable
please notify Jeanie Media with details.
Please note:
You use Jeanie at entirely your own risk. It is a known risk of internet
usage that people are not necessarily who they say they are. Third Parties
may provide information or behave in a way that is unreliable, misleading,
unlawful or illegal. Jeanie Media has no way of telling if statements made
by Information providers are true. This is a decision that can only be made
at your discretion and the exercise of some degree of caution is recommended.
By using Jeanie and its services and any Information you accept that this
is the case and accept the associated risks.
Liability
- Jeanie Media provides and maintains Jeanie for personal information,
on an “as is” basis.
- Jeanie Media shall be liable only to provide the Information with reasonable
skill and care and gives no other warranty in connection with Jeanie.
- Subject as aforesaid, to the maximum extent permitted by law, Jeanie
Media excludes liability for any loss or damage of any kind howsoever
arising, including without limitation any direct, indirect, punitive or
consequential loss whether or not such arises out of any problem you notify
to Jeanie Media and Jeanie Media shall have no liability to pay any money
by way of compensation, including without limitation all liability in
relation to:
- any incorrect or inaccurate Information on Jeanie or errors or inaccuracies
in locating you when using Jeanie and all interruptions to or delays in
updating the service;
- the infringement by any person of any intellectual property rights of
any third parties caused by their use of Jeanie;
- any amount or kind of loss or damage due to viruses or other malicious
software that may infect a user's computer equipment, software, data or
other property caused by persons accessing, using or downloading Jeanie
or Information or from transmissions via emails or attachments received
through Jeanie from Jeanie Media or its licensors;
- the availability, quality, content or nature of sites or services on
the internet that are owned and operated by third parties ("External
Sites") to which Jeanie links and sites or services located on or
through any External Site nor for any transactions involving External
Sites (including as to 'cookies', personal data, confidential information,
or purchases of domain names or other services). You should contact the
site administrator or webmaster for those External Sites if you have any
concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but
for this notice would have effect.
- Jeanie Media does not warrant that the operation of Jeanie will be uninterrupted
or error free.
- These terms above shall not limit any rights you might have as a consumer
that may not be excluded under applicable law nor shall it exclude or
limit Jeanie Media’s liability for death or personal injury resulting
from its negligence nor any fraudulent representation.
Termination
- Jeanie Media shall be entitled to terminate this Agreement and immediately
remove, cancel or suspend access to and use of Jeanie and the Information
upon your breach of any part of these Terms whatsoever.
- Termination shall be without prejudice to the accrued rights of Jeanie
Media.
- Jeanie Media will not be liable in any amount for failure to perform
any obligation under this agreement if such failure is caused by the occurrence
of any unforeseen contingency beyond the reasonable control of such party
including without limitation Internet outages, communications outages,
fire, flood, war or act of God.
General
- Except as provided above there are no other warranties, conditions
or other terms, express or implied, statutory or otherwise, and all such
terms are hereby excluded to the maximum extent permitted by law (but
subject to your statutory and common law consumer rights).
- Jeanie Media acts as principal on its own account and not as agent for
you or any other person.
- If Jeanie Media does not enforce any provision of this agreement such
will not be considered a waiver of any provision or right.
- In the event that any part of these Terms is held to be unenforceable,
such part will at Jeanie Media’s option be construed as far as possible
to reflect the parties’ intentions and the remainder of the provisions
will remain in full force and effect.
- These Terms constitute the entire agreement between you and Jeanie Media
and shall apply to the exclusion of all other terms or conditions of contract
which you may purport to propose.
- Use of Jeanie Media and these terms are subject to the laws of England
which shall exclusively govern the interpretation, application and effect
of all the above permissions, exclusions, licences and conditions of use
and shall be construed in accordance with the laws of England and the
parties submit to the exclusive jurisdiction of the English courts.
- Jeanie is intended for and directed at the UK and no representation
or warranty is made as to whether Jeanie complies with the regulatory
regime and local laws of any other countries.
- By using Jeanie you undertake that you have the necessary hardware,
software and capability required for its use including in relation to
Information, Communications, email and web usage.
Privacy and Data Policy
- When you register or sign up to use Jeanie, Jeanie Media may ask you
for certain information and you may submit personal data to it (including
your name, phone number, postal address, email address and contact details).
Jeanie Media may also record which services you are interested in as well
as patterns of use and Information requested. Jeanie makes a commitment
to protecting your privacy and promises only to use information collected
about you in accordance with the Data Protection Act 1998.
- This information will be kept securely in accordance with an internal
security policy and may be used to:
(a) administer, run and enable your use of Jeanie and the Information
and associated services;
(b) open and run your account and provide you with an up to date service;
(c) generally run Jeanie and its related services.
- By subscribing and submitting your data you agree to this use.
- Jeanie Media will never collect sensitive information about you without
your explicit consent.
Marketing Communications
- As an integral part of Jeanie and the service Jeanie Media provides,
once you have registered/signed up, from time to time you may receive
Communications from Jeanie Media about developments on Jeanie, future
offers, promotions, discounts, events and new services or related activities
we think you may find useful. These Communications may be sent by SMS
and/or e-mail, will come from Jeanie, and your personal data will not
be passed to third parties; however, they may be about services or related
activities that we, or other reputable companies that we select, wish
to offer to you. In registering for Jeanie, you are agreeing to receive
such Communications. In each such Communication we shall give you the
chance to unsubscribe or opt out of receiving such Communications in future,
but as this is a part of the service of Jeanie, if you opt out, that will
terminate your ability to continue to use Jeanie.
- Jeanie Media and Jeanie do not sell, trade or rent your personal information
to other companies; however, when we send you information or Communications
about other reputable companies’ products/services we think may be of
interest to you, it is up to you if you then want to contact such companies
direct; if you do, Jeanie have no responsibility for any arrangements
made direct with such companies; the use of any personal data that you
provide to such companies will be on their terms and conditions and Jeanie
has no responsibility or liability for that.
Cookies
- Jeanie Media may use a device known as a ‘cookie’ to improve Jeanie
and the services available to you. Cookies are a means by which information
relating to your activities using Jeanie is recorded on your hardware.
If you do not wish for us to use cookies when you use Jeanie please adjust
your hardware settings to not accept cookies. PLEASE NOTE: This may affect
your ability to use Jeanie and its services.
- Unless you disable “cookies” Jeanie may store certain information you
input in to it and may automatically insert it into in forms so that you
can use Jeanie with the minimum amount of form filling.
Your Privacy
- If you have any questions or comments about privacy or the Jeanie privacy
policy, or if you already have submitted information that you do not wish
us to have or if you think that Jeanie has cookies or data about you that
you do not want us to use or that is incorrect please contact us at the
address below, by telephone (on 0845 408 4812) or via the web site at
www.Jeaniemedia.com/contact and the information will be corrected as soon
as possible or removed from the database as you request.
- Jeanie is registered with the Information Commissioner in accordance
with the Data Protection Act 1998.
About Jeanie Media
- All questions, comments or enquiries should be directed to Jeanie Media
via email (jeanie@jeaniemedia.com)
- Jeanie Media Limited
- Registered company number 06246045
- Registered company address: Empire House, 175 Piccadilly, London W1J
9EN
- VAT number 916 9661 87
THIS END USER LICENCE AGREEMENT APPLIES TO ALL USE OF THIS SOFTWARE
Scope
You may install and use this Software for personal, non commercial use
only.
You must not:
- use, copy, transfer or distribute this Software or part of it except
as expressly permitted by this Licence;
- modify, adapt, merge, translate, decompile, disassemble, or reverse
engineer this Software;
- remove, modify, or tamper with any copyright, trademark or other notice;
- use this Software for any illegal, unlawful or immoral purposes.
Liability
- This Software may modify certain setting on your mobile phone and any
other device on which it is installed.
- This Software is provided free of charge, “as is” and without any warranty
or guarantee of any kind. You install and use this Software at your own
risk and in no event will Jeanie be liable to you for any loss or damage
of any kind (except personal injury or death arising from Jeanie’ negligence)
including lost profits or other consequential loss arising from the use
of or inability to use this Software or from errors or deficiencies in
it whether caused by negligence or otherwise.
- To the maximum extent permitted by law, Jeanie excludes liability for
all warranties, conditions and other terms which but for this notice would
have effect.
- This does not affect your statutory rights as a consumer.
General
- All copyright and other intellectual property rights in Software belong
to and vest in Jeanie Media Limited (“Jeanie”). The name “Jeanie” and
the Jeanie logo are trade marks or registered trade marks of Jeanie. All
rights of Jeanie are hereby asserted and reserved.
- All other trade marks and content accessible using this Software are
the property of their respective owners and Jeanie makes no warranty or
representation in respect of and has no responsibility and excludes all
liability for any trade mark or third party content.
- The rights granted in this Licence are non-exclusive and will end automatically
if you breach any of the terms. When this Licence ends you must stop all
use of this Software and destroy and erase any copies you have.
- This Licence is governed by English Law and the parties submit to the
exclusive jurisdiction of the English Courts.
Patent Pending