This End-User License Agreement (“EULA”) is a legal agreement between you (“the user”) and ShowNearby Pte Ltd for the Application that accompanies this EULA, which includes software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Application”). An amendment or addendum to this EULA may accompany the application. THE USER AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING OR USING THE SOFTWARE. IF THE USER DOES NOT AGREE, THE USER SHOULD NOT INSTALL OR USE THE SOFTWARE.
1. GRANT OF LICENSE. ShowNearby grants the user the following rights and privileges provided that the user complies with all the terms and conditions of this EULA:
1.1 INSTALLATION AND USE. The user may install, use, and access the application from any mobile device running on the respective Operating Systems. The application shall only be downloaded and installed from the Android Market for Android phones, App Store for iPhones and BlackBerry App World for BlackBerrys. In the case where the application was preloaded, the user may access the application from the mobile device on which said Application was preloaded.
1.2 COPYING OF APPLICATION. Unless explicitly granted in writing, the user shall not copy or transfer the Application to any other device.
2. RESERVATION OF RIGHTS AND OWNERSHIP. ShowNearby reserves all rights not expressly granted to you in this EULA. The Application is protected by copyright and other intellectual property laws and treaties. ShowNearby or its suppliers own the title, copyright, and other intellectual property rights in the Application. Nothing in this EULA shall be deemed as assignment of any rights to any other parties.
3. REVERSE ENGINEERING. The user may not reverse engineer, decompile or disassemble the application.
4. COPYING OF DATA. Data within the Application remain the intellectual property of ShowNearby and is protected by copyright and other intellectual property laws and treaties. The user shall not, by any means, copy the data provided within the Application for any uses including but not limited to reselling, modification, research or not-for-profit purposes unless with explicit written permission from ShowNearby.
5. AVAILABILITY OF APPLICATION. ShowNearby expresses no warranties on the level of availability of the Application. Moreover, decreases in the level of availability arising from, but not limited to handset malfunction, outages from network service providers, lack of network coverage, server crashes or any other third party dependencies shall not be construed as the failure of ShowNearby and ShowNearby shall not be held liable for any of such claims, compensations, damages (consequential, direct or indirect) which may be sustained or incurred or suffered from such failures.
6. SUPPORT AND UPGRADES. ShowNearby will provide customer support to users of the Application only through electronic mail. While all possible measures will be made to ensure the timely delivery of support services, ShowNearby offers no warranty, express or implied on the provision of said services.
Upgrades to the Application will be made through the Android Market, App Store or BlackBerry App World, or through a channel or medium of ShowNearby’s choice and at ShowNearby’s discretion. The onus is upon the user to upgrade the application accordingly. While all possible measures will be made to ensure that the upgrades solve issues and bugs in previous releases and that the quality of the upgrade will be of a higher value than the previous releases, ShowNearby offers no warranty, express or implied on the quality, accuracy or dependability of the upgrade.
7. COMPATIBILITY. While ShowNearby will take every measure possible to ensure that the Application is compatible with all versions of the relevant Operating Systems and firmware versions, ShowNearby expresses no warranties regarding the compatibility of the Application on any new releases of the respective Operating Systems, firmware versions, or any backward compatibility of the relevant Operating Systems, firmware versions which may result in bugs, errors, crashes or ultimately, failure to launch.
8. ADVERTISING. ShowNearby reserves the rights to push third party advertisements to users of the Application. These advertisements will be displayed within the Application including but not limited to the homescreen and details pages.
8.1 QUALITY OF ADVERTISEMENTS. ShowNearby expresses no warranties regarding the accuracy, relevancy or dependability of the third party advertisements displayed within the application. Users agree not to hold ShowNearby liable to the quality of the advertisements.
8.2 QUALITY OF ADVERTISERS PRODUCTS OR SERVICES. ShowNearby expresses no warranties regarding the quality of the products or services advertised on the Application. Users agree not to hold ShowNearby accountable to the claims, promises, or any other form of description made by said advertisers of their products or services.
8.3 RIGHTS OF ADVERTISERS. All trademarks, copyright, designs and other intellectual property comprised in the 3rd party advertisements belong to the respective advertisers. No use and reproduction of any part of the same in any manner is allowed without the Advertiser’s prior explicit consent.
9. PRIVACY POLICY. Users agree that ShowNearby and/or its affiliates may collect and use private information including but not limited to the user’s Name, Age, Gender, and location gathered from the application to profile users as part of ShowNearby’s ongoing measures to provide better and more relevant services including but not limited to advertising and promotions.
Moreover, users by default are required to share their personal information with other ShowNearby users although the option not to share this information will be provided.
However, ShowNearby will not use this private information to identify users individually. ShowNearby will not resell nor provide this information to third parties without the written consent of the user.
10. TERMINATION. Without prejudice to any other rights, ShowNearby may terminate this EULA if the user fails to comply with the terms and conditions of this EULA. In such an event, the user must remove all instances of the Application on all devices under the user’s possession.
11. LIMITATION OF LIABILITY AND INDEMNITY. Except as expressly stated herein, (a)ShowNearby grants no other warranties relating to the provision of the application and all other conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise howsoever, relating to the application, are hereby excluded: in particular (but without limitation to the foregoing), ShowNearby grants no warranties regarding the fitness for purpose, accuracy of the data or performance that may be provided hereunder, whether express or implied, by statute at common law or otherwise howsoever; &(b) no claim shall be made against ShowNearby in respect of any delay in timing, inaccuracy of the data, inaccuracy of location detection, availability of the Application’s services and ShowNearby shall not be subjected to any liability for any costs, expenses or claims, damages or losses to the user or any other third parties resulting from any reason or cause howsoever and whatsoever arising from the use of the Application under this EULA.
12. AMENDMENTS TO EULA. ShowNearby reserves the right and without notice to impose such further terms and conditions and changes to this EULA as it may in its discretion deem fit. User’s continued use of the Application shall be deemed to be acceptance of the amendment or changes. Amendments or changes will be made known to users through this page alone.
13. ENTIRE AGREEMENT. This Agreement is an entire agreement and supersedes any conditions, warranties, representations expressed or implied not contained herein. The terms and conditions tated in this EULA are final and conclusive. Should there be any inconsistency between the terms and those subsequently presented, the terms herein will prevail in favor of ShowNearby. If any clause herein shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this EULA which shall remain in full force and effect.
14. APPLICABLE LAW. This EULA is governed by the laws of Singapore and both ShowNearby and the user agree to submit to the non-exclusive jurisdiction of the Singapore courts.
