1. SUSPENSION AND TERMINATION
Your rights under these Agreement will terminate immediately and automatically without any notice from Newry Global Media if You fail to comply with any of the terms and conditions of these Agreement. You understand that Newry Global Media, in its sole discretion, may modify or discontinue or suspend Your right to access any of Our services or use of any Newry Global Media Apps at any time. Further, Newry Global Media, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Apps or any of its component features. You agree that Newry Global Media shall not be liable to You or any third-party for any termination or disabling of the Newry Global Media. Apps. Promptly upon expiration or termination of these Agreement, you must cease all use of the Newry Global Media. Apps and destroy all copies of the Apps in Your possession or control. Termination will not limit any of Newry Global Media’s other rights or remedies at law or in equity.
PRIVACY AND DATA PROTECTION
In compliance with current and applicable legislation on personal data protection, all the personal data provided by You throughout the utilization of the Services shall be processed according to our Privacy Policy. Any user who accepts this Agreement, likewise, expressly and unequivocally accepts on an informed basis our Privacy Policy, therefore shall be able to exercise the corresponding rights in terms of personal data protection according to the Privacy Policy.
When using Newry Global Media App, we also obtain consent for certain practices. Newry Global Media will obtain consent to use Your location or send push notifications. We may obtain this consent through the Newry Global Media App or using the standard permissions available on Your device. Your mobile device platform will provide additional tools to allow You control when Your device collects or shares particular categories of personal data. Your mobile device may offer tools to allow You the sharing of locations.
If you turn permissions off you may not have access to many features that make Newry Global Media App will not work properly.
INTELLECTUAL PROPERTY
The Newry Global Media name and logo, and other Newry Global Media Trust trademarks, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation used in connection with the App are trademarks of Newry Global Media (collectively “Newry Global Media Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Newry Global Media Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Newry Global Media for the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Newry Global Media and its licensors.
DISCLAIMER
The Apps, the Services, the information on the Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Apps and their contents, including in relation to any inaccuracies or omissions in the Apps, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade. Makes no warranty that the Newry Global Media Apps will meet Your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Newry Global Media products will be accurate or reliable, or that the quality of the Apps will meet Your expectations. Newry Global Media assumes no liability or responsibility for any property damage, of any nature whatsoever, resulting from Your access to and use of Our Newry Global Media Apps; any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from Newry Global Media Apps or Servers; any bugs, viruses, trojan horses, or the like which may be transmitted to or through Apps by any third party; or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Newry Global Media Apps.
LIMITATION OF LIABILITY
We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the Services offered in the Application, reliance on or downloading from the mobile Application and/or Services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise however and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App and this Agreement. For the purposes of this Agreement, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
INDEMNITY
You agree to indemnify, defend and hold harmless Newry Global Media, its parents, affiliate and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Newry Global Media Apps, Your violation of this Agreement or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Newry Global Media of any unauthorized use of Your account or any other breach of security known to You.
APPLICABLE LAW AND JURISDICTION
Newry Global Media does not represent or warrant that the Newry Global Media Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Newry Global Media Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in Our sole discretion. The laws of Spain, without regard to conflict of laws principles, shall govern all matters relating to or arising from this Agreement, and the use (or inability to use) of the Newry Global Media Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Spain, with respect to all matters arising out of or relating to Newry Global Media. No failure or delay by Newry Global Media in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. If any provision of this Agreement shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that any cause of action arising out of or related to the Newry Global Media Apps must commence within three (3) years after the cause of action accrues. otherwise, such cause of action is permanently barred.