THE VIRGIN APP END USER LICENSE AGREEMENT
BY INSTALLING, USING OR OTHERWISE ACCESSING THE VIRGIN APP FROM ANY DEVICE, MOBILE OR OTHERWISE, YOU ARE AGREEING TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD AND/OR ACCESS OUR APPLICATION.
This End User License Agreement (or “EULA”) is a contract between you (“You”) and Project Your Choice LLC (“US” or “WE”). This EULA applies to the mobile application “The Virgin App”, the software in it including any patches or updates and any User Generated Content
The Virgin App is Licensed, not sold, to You for personal use subject to the terms of this EULA. The Virgin App reserves all rights not expressly granted to You in this EULA.
1. This license granted to You is limited to a non-exclusive, non-transferable license to use The Virgin App on any iPhone, iPod Touch or iPad that You own or control. You may not add The Virgin App to a device that You do not own or control. This License DOES NOT grant You the right to distribute The Virgin App or make The Virgin App available over a network for use on more than one device at a time. You may not redistribute The Virgin App. This means You may not sell, rent, lend, lease or otherwise give access to Your licensed copy of The Virgin App to anyone else or make Your copy available to any other person or entity by any means other than those allowed by Apple. You may not reverse engineer, disassemble, decompile, modify, or create derivative works, attempt to derive the source code of The Virgin App and/or any updates, except as and only to the extent any foregoing restriction is prohibited by applicable law. Any attempt by You to do so is a violation this EULA and You may be subject to prosecution and damages. This EULA governs any updates to The Virgin App that replace and/or supplement the original App, unless the upgrade is subject to and accompanied by a separate license. If the update is accompanied by its own EULA then the terms of that license will govern the update.
2. You agree that The Virgin App and/or the App Store may collect and use technical data and related information about Your device. The data that is periodically gathered from your device to assist Project Your Choice LLC to provide software updates, new or improved services and product support to You and Your use of The Virgin App. The Virgin App does not collect any information in any form that personally identifies You.
3. Termination of this License. Your license is effective until terminated by You or Project Your Choice LLC. This license will terminate automatically and without any further notice from The Virgin App if You violate the terms of this EULA or if You fail to comply a condition of this EULA. If this License is terminated by Your actions or by Project Your Choice LLC You must cease all use of The Virgin App. You must destroy any and all copies, full or partial, of The Virgin App.
4. THE VIRGIN APP DOES NOT GRANT YOU ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VIRGIN APP IS AT YOUR SOLE DISCRETION AND RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE VIRGIN APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE VIRGIN APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PROJECT YOUR CHOICE LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VIRGIN APP EITHER EXPRESS OR IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PROJECT YOUR CHOICE LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VIRGIN APP, NO WARRANTY IS GRANTED THAT THE VIRGIN APP WILL MEET YOUR REQUIREMENTS FOR ANY PURPOSE. NO WARRANTY IS GRANTED THAT THE OPERATION OF THE VIRGIN APP WILL PROVIDE UNINTERRUPTED OR ERROR-FREE SERVICES OR THAT ANY DEFECTS KNOWN OR UNKNOWN IN THE VIRGIN APP WILL BE UPDATED AND/OR CORRECTED. SHOULD THE VIRGIN APP PROVE DEFECTIVE YOU ASSUME THE COST OF ALL REPAIRS. IF YOUR JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. IN NO EVENT SHALL PROJECT YOUR CHOICE LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VIRGIN APP. NO MATTER HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PROJECT YOUR CHOICE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. PROJECT YOUR CHOICE LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6. This ELUA prohibits the export or re-export of The Virgin App except as authorized by United States law and the laws of The State of Texas. The Virgin App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By use of The Virgin App You represent and warrant that You are not located in any such country or on any such list. Further, You represent and warrant that You will not use The Virgin App in any manner that is prohibited by United States law. Including but not limited to the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
7. The Virgin App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
8. The laws of the State of Texas govern this End User License and Your use of The Virgin App. Use of The Virgin App may also be governed and subject to other local, state, national, or international laws.
9. User Provided and Automatically Collected Information collected by Apple and Google through the Terms and Conditions of iTunes and/or the App Store and Google Play may be disclosed: as required by law, such as to comply with a subpoena, or similar legal process. Such information may also be disclosed Apple and Google through the Terms and Conditions of iTunes and/or the App Store and Google Play by when it is believed in good faith that disclosure is necessary to protect Apple and Google’s rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. Additionally, Apple and Google through the Terms and Conditions of iTunes and/or the App Store and Google Play may provide information to trusted services providers who work on Apple and Google’s behalf, but do not have an independent use of the information disclosed to them.
10. The Virgin App is not currently supported via advertising, and does not collect data to help The Virgin App serve ads.
11. We are concerned about safeguarding the confidentiality of your information. At this time The Virgin App does not collect any personal information about You nor does it store any personally identifiable information about You on its servers. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
12. We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@TheVirginApp.com. We will delete such information from our files within a reasonable period of time.
13. Our Data Collection Policy may be updated from time to time for any reason. We will notify you of any changes to our Our Data Collection Policy by providing an Update through Apple and Google through the Terms and Conditions of iTunes and/or the App Store and Google Play.
14. If you have any questions regarding Our Data Collection Policy while using the Application, or have questions about our practices, please contact us via email at Privacy@TheVirginApp.com.
