Velocity Lapse App Terms & Conditions
Effective November 16th, 2023
Velocity Lapse is a time-lapse app for Android. These terms and conditions describe the terms between I (the developer, Noah Rahm) and you (the end user). If you have any questions, feel free to email me at firstname.lastname@example.org.
These terms and conditions outline the rules and regulations for the use of the Velocity Lapse app (“App”) provided by Noah Rahm (“I”).
RESERVATION OF RIGHTS
Unless otherwise stated, I own the intellectual property rights for the App. All intellectual property rights are reserved.
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms and Conditions, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms and Conditions. I reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms and Conditions.
LICENSE GRANT & RESTRICTIONS
Subject to your compliance with these Terms and Conditions, I hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to download, install and use a copy of the App on a permitted device that you own or control, for your personal and non-commercial purposes.
You may not copy the App, except as expressly permitted by this license; modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patent-able, of the App; reverse engineer, disassemble, de-compile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
I reserve the right, but have no obligation, to modify, update, or discontinue the App (or any part thereof), without notice at any time. I shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the App.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: A) WARRANTY OF MERCHANTABILITY; B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APP WILL CREATE ANY WARRANTY. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE APP. YOU UNDERSTAND AND AGREE THAT YOU USE THE APP AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF THE APP.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL I BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
SEVERABILITY & GOVERNING LAW
If any provision of these Terms and Conditions are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.
These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
THIRD PARTY TERMS
The app uses third party services that declare their own Terms and Conditions.
Links to Terms and Conditions of third party service providers used by the app:
Embrace.io (Used v0.6.9+51 and later)
Flurry Analytics (Used prior to v0.6.9+51)
UPDATES TO THESE TERMS & CONDITIONS
I may update these Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes.