The Apocalypse Survival Training App (hereafter referred to as 'the App') is owned and operated by Imaginactive Ltd. This User Agreement constitutes the Terms and Conditions governing the use of the App and are binding and enforceable against every person that accesses or uses the App. This Agreement also defines the legal use of the App, all updates, revisions and substitutions made by Imaginactive. All rights not expressly granted to You are reserved by Imaginactive.
Please read these terms and conditions carefully. By indicating Your acceptance and/or by accessing or using the App, You acknowledge that you have read this agreement and that You understand its content and that you agree to be bound by its terms and conditions. If You do not wish to be bound by this agreement, You should not access or use the App.
You may use the App only if You satisfy the legal age requirement in your country. If You are under the age of 18, You must obtain the permission of Your parent or guardian to download, install and use the App.
THE USE OF THIS APP IS NOT PERMITTED BY YOU UNDER ANY CIRCUMSTANCES IF YOU ARE UNDER THE AGE OF 16.
Imaginactive reserves the right to terminate any accounts known to breach this requirement.
2. Health and Precautionary Measures
You agree that Imaginactive shall not be liable to You or any Third Party, in cases involving personal injury or damage, arising out of, attributable to or resulting from Your use of the App. You understand that the use of the App includes various activities and exercises (the "Activities"). You agree that it is Your responsibility to determine whether You are sufficiently fit, healthy, skilled and physically trained to safely participate in the Activities of the App.
Imaginactive is not responsible for Your athletic behaviour. You understand that You can be seriously injured when engaging in the Activities. You should not perform any Activities You do not understand or are safe for Your current physical state.
Should You have any relevant illness or injury You agree to seek advice from a qualified healthcare professional prior in engaging into any of the Activities of the App.
We do not recommend the use of the App to women who are pregnant.
If You choose to participate in any of the Activities, You do so on Your own free will and accord, knowingly and voluntarily assuming all risks associated with the Activities. As such, by accepting the User Agreement, You confirm and agree to be solely responsible for Your health.
We highly recommend You to remain constantly aware of Your surroundings while conducting the Activities, so as to prevent any incidents which may harm You. We recommend You to adjust the volume settings appropriately, so that while exercising, You are able to hear Your surroundings.
The use of the App does not at any time contain or constitute any form of medical advice or opinion.
a) Use the App and any of its updates that are provided by Imaginactive, in Your sole discretion.
b) Use any new versions made available by Imaginactive.
c) Trial and purchase audio episodes of the App and play them locally on Your device.
YOU MAY NOT
a) Assist, encourage or enable the User(s) and/or Third Parties to use the App to violate any Third Party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right or any other intellectual property or proprietary rights.
b) Make any unlawful use of the App or distribute the Content or any part thereof.
c) Gain unauthorized access.
d) Reverse engineer, decompile, modify or attempt to discover the source code or any part thereof.
e) Remove, circumvent, disable, damage or interfere with any security-related features of the App.
4. Suggestions and comments
Imaginactive welcomes Your comments regarding the Content of the App and future Imaginactive products. By sending any ideas, suggestions, designs, data or proposals ("Feedback"), You agree that:
a) Your Feedback does not contain confidential or proprietary information of Third Parties.
b) We are under no obligation of confidentiality, express or implied with respect to the Feedback, but We reserve the right to treat the Feedback as confidential information.
c) Any Feedback You may provide regarding the App and future Imaginactive products is entirely voluntary and You agree that We are free to use them without providing You with any compensation or royalties.
You agree to indemnify, defend and hold harmless Imaginactive, its licensors, partners, officers, directors, employees, volunteers, agents and representatives against any and all claims, costs, liabilities and legal fees made by You or any Third Party arising out of or relating to Your access or use of the App.
In consideration of using the App and participating in the Activities, You understand and agree that Your use of the App shall be Your sole responsibility. Imaginactive is not liable for data loss or damages, limitation of service availability, including any data sent by the App to external storage for the purpose of data synchronization and backup. If Imaginactive, in its sole discretion, elects to use a Third Party's storage, server or service, Imaginactive shall not be liable for the quality, security, or availability of such a Third Party's service and to no extent is Imaginactive liable to You for any breach of contractual or legal obligations by the Third Party, nor for damages, loss of profits, financial or non-financial damages, or any other kind of loss You may incur while using the App.
If Imaginactive is unable to enforce strict compliance of this Agreement or We fail to exercise Our rights due to any circumstances or events, this shall never be constituted as a waiver of Our right to demand exact compliance as mentioned in this Agreement. In case Imaginactive decides to ignore any kind of non-compliance under the Terms and Conditions, it shall never amount as a waiver of Our right to enforce Your obligations for any subsequent violations. Delays or omissions in exercising Our rights shall never impair Imaginactive's prospects against such defaults in the future.
7. Limitation of Liability
Imaginactive is not liable to You for any direct, indirect, incidental, special, or consequential damages arising out of or in any way related to the use of the App by You or by Third Parties, whether such claims and liabilities are based on any legal or equitable theory. Imaginactive may change, impose limits or discontinue any aspect or feature of the App, or the use of all or any features or technology in the App at any time without prior notice to You, or restrict Your access to parts or all of the App or Site without notice and Imaginactive shall be saved harmless and bear no liability of any issue arising thereof.
8. In-App purchase
The App may offer additional episodes (â€œin-App purchasesâ€). If You choose to make an in-App purchase, You will be allowed to access more episodes of the audio adventure and to perform further Activities of the App. You will be prompted to enter details of Your account with the mobile platform You are using (iOS or Android) and You will accordingly, be charged for the in-App purchases.
9. Proprietary rights
All Content and Activities associated with the App and provided by Imaginactive, its employees, agents, licensors or other commercial partners are solely owned by Imaginactive and may be protected by copyright, trademark, trade secret and other intellectual property laws. All trademarks and service marks, logos, slogans and taglines of the App are the sole property of Imaginactive.
We reserve the right to terminate Your use of the App or any part of it, in Our sole discretion, without notice and liability, if We believe that You are not following the Terms and Conditions set forth in this Agreement. We also reserve the right to investigate suspected violations of the Terms and Conditions which may also arise from any email that You send to Imaginactive.
11. Amendments to the App
We reserve the exclusive rights to modify, withdraw, suspend or discontinue, temporarily or permanently, from time to time, any Content available on the App, with or without notice. You agree that We will not be liable to You or to anyone else for any modification, suspension or discontinuance of the App or any part thereof.
Without prejudice to other rights under this Agreement, if You breach the Terms and Conditions in anyway, or if We reasonably suspect that You have breached the Agreement in anyway, We may send You one or more formal warnings by electronic transmission or permanently prohibiting You from accessing the App. Where We suspend or prohibit Your access to the App, You agree and acknowledge not to engage in any action or proceedings against Imaginactive to circumvent such prohibition.
13. Changes to the Agreement
Imaginactive reserves a discretionary right to edit, modify and update the Terms and Conditions at any time without notice, for reasons including:
(a) Changes in how Our business operates, or
(b) Changes in the legal or regulatory requirements that We must comply with.
You agree that it is Your responsibility to review the Terms and Conditions periodically. Your continued use of the App, after any such changes constitutes Your acceptance of the new Terms and Conditions. If You do not agree with the new updates, You may terminate this Agreement by discontinuing the use of the Activities and uninstalling the App.
14. Third Parties' Restriction
This Agreement is only made between You and Imaginactive. No Third Parties will have any right to enforce any of its terms.
By downloading the App and creating an account within the App, you are giving consent for Imaginactive Ltd to process the personal data you provide in accordance with the EU General Data Protection Regulations 2018.
The personal information we will store includes the Name and Email Address You have provided.
This information will only be used in communications with You about Your account, about within the App to fulfill in-app purchases and to preserve and present information about Your achievements in and progress in use of the App.
Your personal information will not be shared with any third parties or used for marketing by third parties.
You have the right to request a copy of the personal information we may hold about You.
You have the right to request that the information we may hold about You be deleted under some circumstances.
You may view, update or delete your account or personal information at any time either through the Your Account section of the App or via email.
If You have any privacy questions, requests or complaints concerning our processing of Your personal information all communications can be directed to firstname.lastname@example.org
If You have any questions, complaints or claims with respect to the App, You may contact Imaginactive at email@example.com
a) The Terms and Conditions constitute the entire agreement between the User(s) and Imaginactive Ltd and govern Your use of the App. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible, the original intentions of the Parties and the remaining parts shall remain in full force and effect.
b) The headings in this Agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify the Terms and Conditions.
18. Governing Law
The Terms and Conditions shall be governed by and construed exclusively in accordance with the Laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
Apocalypse Survival Training is a product made by Imaginactive, a limited company registered in the UK, Company Number 09178878.
Imaginactive are dedicated to safeguarding any personal information you disclose to us and handle and store that information in compliance with the EU General Data Protection Regulation 2018.
We will never sell your personal information to any third party under any circumstances.
If you have opted to receive the Apocalypse Survival Training email newsletter, you will be sent information and updates about Imaginactive Ltd. products and activities. Your information will be held by our newsletter provider, Mailchimp, whose services are in full compliance with the EU General Data Protection Regulation 2018.
You can unsubscribe at any time via the 'unsubscribe' button in the footer of the newsletter, or by contacting us at firstname.lastname@example.org.
On occasion, we may gather statistical information about your computer for our services. This information is for analysis only, in order to make sure the website is optimised for greater user experience.
Such information will not identify you personally it is statistical data about our visitors and their use of our site. This statistical data does not identify any personal details whatsoever.
Similarly to the above, we may gather information about your general internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer as cookies contain information that is transferred to your computer's hard drive. They help us to improve our website and the service that we provide to you.
All computers have the ability to decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies, you may be unable to access particular parts of our website.
Google Analytics provide anonymised statistical information for us. They process IP addresses and information from other cookies used on our sites so we know how many page views we have, how many users we have, what browsers they are using (so we can target our resources in the right way to maximise compatibility for the majority of our users) and, in some cases, in which country, city or region they are located.
Your rights regarding your information
You have the right to request a copy of all the personal information we may hold about you.
You have the right to request information we may hold about you be deleted under some circumstances.
You may update your personal information with us at any time.
All communications can be directed to email@example.com.