Terms and Conditions
iCodaGraph Application Coda Arts
Coda Arts is committed to ensuring that your privacy is protected.
Coda Arts may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect
Coda Arts collects no data from you downloading the app.
Third Party users such as Google (Cloud) who are attributed to Coda Arts have their own Private Policies.
The Application iCodagraph is a creative application making use of audio and image content. Please be aware when saving your iCoda and if you upload it on the Cloud, people can download and view your iCoda. We seriously recommend you do not import anything that is personal to you or anyone else without prior permission. The Camera function screengrabs image content, please be aware if you have any personal, artistic, photographic material you wish to remain copyrighted, do not save as an iCoda, alternatively you can save your own iCoda locally ie. on your personal device and capture and save your screen grabs. We also recommend our online Audio library which contains copyright free material if you are connected to the internet. Please do not post, save as an iCoda, copyrighted material.
We reserve the right to delete the offending iCoda from the Cloud.
The Cloud solution have within their own policy, the following: “We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online”. Therefore all information stored by them and any transactions you have with them are protected.
Private & Commercial Use (5.2)
The App is intended for Private use only and to share within the commercial framework of Coda Arts. If however you want to use iCodagraph commercially as part of your business, workshop or event. Permission is needed. For further information please contact firstname.lastname@example.org
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
• This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Peter McAdam t/a Coda Arts (Licensor, us or we) for the iCodagraph mobile application software and the associated media (App). Date July 2018.
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements This App requires an Android and IOS smartphone and/or tablet, a device with a minimum of 50mb of memory. Internet access provisionally and the Android and IOS operating system.
• If you do not agree to the terms of this licence, we will not license the App and to you and you must stop the downloading or streaming process now by clicking on the “Cancel” button below. In this case the downloading or streaming process will terminate.
• As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading or streaming the App.
• However, you will lose the right to cancel the transaction once you begin to download or stream the App.
• This does not affect your consumer rights for an app or documents that are defective.
1.1.1 Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
1.1.2 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
1.1.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
1.1.4 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
1.1.5 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the 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 App with another software program, and provided that the information obtained by you during such activities:
22.214.171.124 is used only for the purpose of achieving inter-operability of the App with another software program;
126.96.36.199 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
188.8.131.52 is not used to create any software that is substantially similar to the App;
1.1.5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
1.1.6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
1.1.7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
1.1.8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
(together Licence Restrictions).
2.1.1. Acceptable use restrictions
2.1.2. not use the App or any Service 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 App, any Service or any operating system;
2.1.3. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
2.1.4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
2.1.5. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
2.1.6. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
3. Intellectual property rights
3.1. You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
3.2. You acknowledge that you have no right to have access to the App in source-code form.
3.3. In addition to Clause 4 above you specifically acknowledge that you may not store, change, distribute, perform or display works of original authorship without having the proper authorisation to use copyrighted content and that you are responsible for obtaining this proper authorisation.
3.4. Upon receipt of a valid notice that your account contains infringing material, we will immediately disable all access to the material, including your access. In addition, we will deactivate the sharing function for the account. We will notify you by email of the actions which we have taken in response to the take down notice.
3.5. In the event that you are in breach of Clause 5.3 you will, at your sole expense, defend, indemnify and hold us and our directors, officers, shareholders, employees, consultants, affiliates and agents (collectively “iCoda Indemnitiees”) harmless from and against any and all actual or threatened suits, actions, proceedings, claims, damages, payments, fines, judgments, settlements, liabilities, losses, costs and expenses arising from or relating to any suit, action or proceedings against us, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to any violation, misappropriation or infringement of any third party’s copyright or other intellectual property rights.
4. Limited warranty
We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in any material which accompanies it and for a period of 30 Days from the date on which the App is downloaded or streamed to the Devices (Warranty Period).
4.1. If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, your sole remedy is that you will be entitled to reinstall a new copy of the App onto your Device.
4.2. The warranty does not apply:
4.2.1 if the defect or fault in the App or any Service results from you having amended the App
4.2.2. if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA;
4.2.3. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
4.3. This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
5. Limitation of liability
5.1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
5.2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.3. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but 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.
5.4. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to [LIMITATION ON LIABILITY]. This does not apply to the types of loss set out in condition 7.5.
5.5. Nothing in this EULA shall limit or exclude our liability for:
5.5.1. death or personal injury resulting from our negligence;
5.5.2. fraud or fraudulent misrepresentation; and
5.5.6. any other liability that cannot be excluded or limited by English law.
6.1. We may terminate this EULA immediately by written notice to you
6.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
6.1.2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
6.2. On termination for any reason:
6.2.1. all rights granted to you under this EULA shall cease;
6.2.2. you must immediately cease all activities authorised by this EULA, including your use of any Services;
6.2.3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so;
6.2.4. we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Services [and the Appstore]
6.2.5 we reserve the right to terminate the cloud service when capacity is at has reached it’s limit, this will be authorized through email communications or an announcement on social network sites and/or our website.
7. Communication between us
7.1. If you wish to contact us in writing, or if any condition 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 Coda Arts 33 Rickleton Village Centre, NE38 9ET and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
7.2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
8. Other important terms
8.1. 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.
8.2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
8.3. 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8.5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
This agreement has been entered into on the date stated at the beginning of it.