TeleFlix Application End User License Agreement
By downloading, installing or using this application (Application), you indicate that you have read and understood this Agreement and agree to all of the following terms and conditions (Terms and Conditions).
1. Definition and Scope of Application
a. TeleFlix (hereinafter also referred to as The Application) is an android application branded by Teletalk, which (The Application ) is a customized package of the android application (hereinafter also referred to as The Original Application) developed/owned by E. B. Solutions Limited (hereinafter also referred to as E. B. Solutions Pte. Limited or EBS).
b. TeleFlix grants you the non-exclusive, non-transferable, right and license to install and use this Application solely and exclusively for your personal use.
c. You agree that you assume all the responsibility for (and that TeleFlix has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which TeleFlix may suffer) of any such breach.
2. Restriction You agree that you will not, and will not allow any third party to
(i) copy, modify, or distribute the Application for any purpose;
(ii) transfer, sublicense, sell, lease, lend, rent or otherwise distribute the Application;
(iii) decompile, reverse engineer, disassemble, translate, create derivative works from or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose unless otherwise permitted;
(iv) make the functionality of the Application available to multiple users through any means;
(v) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
3. Third Party Content
a. You understand that TeleFlix has no editorial control over the Works made available through this application and that such Works is not endorsed by TeleFlix, nor is TeleFlix responsible for the accuracy, reliability, completeness or availability of any such Works.
You agree to defend, indemnify and hold harmless both TeleFlix and EBS, including their affiliates and their respective directors, officers, employees, agents and successors against all claims, suits, costs, damages and expenses (including, without limitation, reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY FOR AND RISK OF USE OF THE APPLICATION AND THAT THE APPLICATION IS PROVIDED TO YOU 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OR ANY KIND. b. YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FORM SUCH USE. c. TeleFlix FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES SUCH AS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
6. Limitation of Liability
YOU EXPRESSELY UNDERSTAND AND AGREE THAT TeleFlix IS NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILIRY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THIS APPLICATION, INCLUDING ANY LOSS OF YOUR DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT TeleFlix HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
7. Modifications to these Terms and Conditions
TeleFlix reserves the right to change, modify or otherwise alter these Terms and Conditions at any time. Such modifications shall become effective immediately upon posting on the TeleFlix Reader Application.
These Terms and Conditions remain effective until terminated by either you or TeleFlix. You may terminate these Terms and Conditions at anytime by permanently removing and/or deleting the Application from your mobile device. Your rights automatically and immediately terminate without notice from TeleFlix if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application. Upon any termination, you will immediately remove and/or delete the Application and destroy any copies of Application in your possession or control.
a. These Terms and Conditions constitute the entire Agreement between you and TeleFlix relating to the Application and govern your use of the application, and completely replace any prior or contemporaneous agreements between you and TeleFlix regarding the Application.
b. The failure of TeleFlix to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to TeleFlix .
c. If any court of law, having the jurisdiction or decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provisions will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.