WARNING NOTICE: You use this FATMAP App at your own risk. The FATMAP App is not a safety device. The FATMAP App must not be relied upon as a navigation safety tool or to give precise locations. The FATMAP App is for recreational use only. Skiing and other snow pursuits (such as snowboarding) are potentially dangerous and it is your responsibility always to evaluate the risks of skiing in any particular area or skiing in particular conditions. You should never ski outside of your ability, whether on-piste or off-piste, or in such places, or in such a way, or at such a speed as to endanger yourself, other mountain users or other people’s property. If you do not agree to the FATMAP App End User Licence Agreement, please refrain from using our FATMAP App. By registering for FATMAP App, you agree to register for a Fatmap App user account giving you access to both the FATMAP App and all FATMAP products created by Terrascope Limited. Additional charges may apply for access to any Premium Features or Subscriptions in the FATMAP App or other products created by Terrascope Limited.
The following FATMAP App End User License Agreement applies to the FATMAP App and all other FATMAP products created by Terrascope Limited.
FATMAP APP END USER AGREEMENT
Last updated: [December 2015]
WE ARE DELIGHTED THAT YOU HAVE DOWNLOADED OUR APP AND THAT YOU ARE NOW READY TO BEGIN USING & PURCHASING SUBSCRIPTIONS TO OUR CONTENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING FROM THIS WEBSITE
- If you do not agree to the terms of this EULA, we will not license the Fatmap App and Premium Features to you and you must not use the Fatmap App.
- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the Fatmap App and Premium Features.However, you will lose the right to cancel the transaction once you begin to download the App or Premium Features. This does not affect your rights as a consumer for an app or Premium Features that are defective.
OBJECTIVE PART Acknowledgements 1.1 The terms of this EULA apply to the Fatmap App or any of the Premium Features you purchase including any updates or supplements to the Fatmap App or any Premium Features, unless such updates or supplements are provided with separate terms, in which case those terms will apply. If any open-source software is included in the Fatmap App or any Premium Feature, the terms of such open-source licence may override some of the terms of this EULA. When you want additional functionality and/or content for a particular resort or resorts, you purchase a Premium Feature Subscription.
1.2 We may change these terms at any time by sending you an SMS or email with details of the change or by notifying you of a change when you next start the Fatmap App or log on at www.fatmap.com (Website). Such new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Premium Features.
1.3 From time to time we may issue updates to the Fatmap App and the Premium Features through App store and our website. Depending on the update, you may not be able to use the Premium Features until you have downloaded the latest version of the Fatmap App and accepted any new terms.
1.5 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in clause 2.2(a) (Devices) and to download or stream a copy of the Fatmap App onto the Devices. You and such owner may be charged by your and their Premium Feature providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Fatmap App or any Premium Feature on or in relation to any Device, whether or not it is owned by you.
1.7 By using the Fatmap App or any of the Premium Features, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Premium Features that are internet-based or wireless to improve our products and to provide any Premium Features to you.
1.8 Certain Premium Features will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the data settings for the Fatmap App on the Device but should be aware your experience may be reduced if you do. If you use our content or features, you consent to us and our affiliates√ï and licensees√ï transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and Premium Features. You may withdraw this consent at any time by turning off the location settings for the Fatmap App on the Device.
1.9 The Fatmap App or any Premium Feature may contain links to independent third-party websites or third party Services (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or Services accessible through them.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
1.11 We may communicate with you via e-mail for various marketing and accounted related purposes.
- Grant and scope of licence
You may keep the Fatmap App for as long as you like. A Premium Feature Subscription varies in length depending on which option is chosen. Please refer to the Subscription options in the Fatmap App for the latest pricing and subscription details.
2.2 You may:
- download a copy of the Fatmap App onto iPhone 4s and above/iPad 4 and above/iPad Mini Retina and above/Devices running Android 3.0 (HONEYCOMB) and above/Phones: HTC One, Galaxy Note II, Galaxy S3, Sony Xperia Z and better/Tablets: Nexus 7, Galaxy Tab (2012) and betterto view, use and display the Fatmap App on the Devices for your personal purposes only – (Note: HTC Hero, HTC Hero S, Nexus One are not supported); and
- use the Subscriptions for your personal purposes only.
- Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- not to copy the Fatmap App or Premium Features except where such copying is incidental to normal use of the Fatmap App, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Fatmap App or Premium Features;
- not to make alterations to, or modifications of, the whole or any part of the Fatmap App or Premium Features, or permit the Fatmap App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Fatmap App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Fatmap App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the Fatmap App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
iii. is not used to create any software that is substantially similar to the Fatmap App;
- to keep all copies of the Fatmap App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Fatmap App;
- to include our copyright notice on all entire and partial copies you make of the Fatmap App on any medium;
- not to provide or otherwise make available the Fatmap App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
- not to use or copy any of the content from the Fatmap App in breach of the rights of any other users or owners of the content.
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Fatmap App or any Premium Feature (Technology),
together the Licence Restrictions. Your prescription is limited to the unique user name and account you use for purchasing the Fatmap App and is for the use of a single individual using the Devices.
- Acceptable use restrictions
- not use the Fatmap App or any Premium Feature in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Fatmap App, any Premium Feature or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Fatmap App or any Premium Feature, including (without limitation) the submission of any material (to the extent that such use is not licensed by this EULA);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Fatmap App or any Premium Feature;
- not use the Fatmap App or any Premium Feature in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers we may use.
- you will not copy this App or any Premium Features in any way that is in breach of local law, illegal or unauthorised;
- you agree that all content you post must be legal, honest and not threatening, abusive, offensive, defamatory, racist or objectionable or breaches any other person√ïs privacy or causes distress, harm or embarrassment to any other person;
- you will comply with generally accepted principles of acceptable use when we provide terms or ratings apparatus you will not use these to abuse, harass any person or otherwise in accordance with these guidelines.
You confirm that any content, photos, videos or other digital content you upload via the App is your own original content and does not infringe the rights of any other person. You confirm that you have the permission of all persons in photos and video to up load them on to the Fatmap App or our website. . You permit us to use this content, photos, videos or other digital content as we reasonably think fit for the purposes of the Fatmap App, and to promote it and our business.
- Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the Fatmap App, the Premium Features anywhere in the world belong to us or our licensors, that rights in the Fatmap App are licensed (not sold) to you, and that you have no rights in, or to, the Fatmap App, the Premium Features other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Fatmap App in source-code form.
Warning and what we are not responsible for
6.1 We put your safety first and draw your attention specifically to the warnings below.
6.2 You acknowledge that it is your responsibility to check the weather forecast and avalanche alerts. You should familiarise yourself with, and abide by, the rules and regulations of every ski resort that you visit and every ski slope that you choose to ski on.
6.3 You accept that you are solely responsible for understanding the conditions and navigating and assessing the dangers of using any ski-slope (whether on-piste or off-piste). You accept that skiing off marked runs requires a special level of skill, fitness and expertise and that you must ensure you are able to ski safely and that you have appropriate equipment and supplies. We strongly recommend that you are accompanied by a qualified and experienced mountain guide for this purpose. You acknowledge that your choice to ski on any particular slope or along any particular route is solely your decision and is undertaken at your own risk. The Fatmap App does not give an updated view of the actual weather, or general conditions at the time you access it. A mountain is a highly dangerous and dynamic environment and requires you to check the physical conditions on the mountain.
6.4 You confirm that at the time you entered into this EULA and before you started using the Fatmap App you were aware and understood that we provide the Fatmap App to you on the following basis:
- the Fatmap App is not a safety device and is for recreational use only;
- the Fatmap App is not a navigation tool;
- the Fatmap App cannot be relied upon to give accurate locations;
- while we make all reasonable efforts to ensure that the digital mapping and data content you access in the Fatmap App is up to date and accurate, we cannot guarantee this mapping data and content as we have obtained the information from third parties.Emergency contact information, weather forecasts, avalanche warnings and risk zone information is all obtained from third parties for which we are not responsible;
- we advocate that you should never ski outside your ability (including going off-piste if you are not yourself, or otherwise accompanied by, an experienced off-piste mountain guide), or in such a way or at such a speed as to endanger yourself or other mountain users or other people√ïs property;
- we advocate that you should never ski with a Device in your hand or use the Fatmap App other than when stationary and off the ski slope to avoid injury to yourself or others.
Limitation of liability
7.1 PLEASE READ THE WARNING NOTICE AT THE START OF THIS EULA VERY CAREFULLY.
7.2 We only supply the Fatmap App and Premium Features for recreational and private use. You agree not to use the Fatmap App and Premium Features for any commercial, business or resale purposes.
7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA. We are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA. In this regard we particularly draw your attention to the provisions in clause 6 above.
7.4 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with this EULA (including your use of any Premium Features ) whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out in clause 7.5.
7.5 Nothing in this EULA shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
8.1 We may terminate this EULA immediately by written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within fourteen days after the Premium Feature of written notice requiring you to do so;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
8.2 On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Premium Features ; and
- you must immediately delete or remove the Fatmap App from all Devices, and immediately destroy all copies of the Fatmap App and Premium Features then in your possession, custody or control and certify to us that you have done so.
9.1 If you wish to contact us in writing, or if any clause in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to 8 Brunswick Square, Bristol. BS2 8PE and/or email@example.com.
9.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control). If any Event Outside Our Control takes place that affects the performance of our obligations under this EULA: (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
9.3 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA. You may only transfer your rights or obligations under this EULA to another person if we agree to such transfer in writing.
9.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
9.5 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.6 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, this EULA although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. This EULA and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.