Introduction
These Terms of Use shall govern your use of the Stumble Legal App (“App”), including all screens within the App. These Terms apply in full force and effect to your use of the App.
By using the App, you expressly accept all terms and conditions contained herein in full. You must not use the App if you have any objection to any of these Terms of Use. We may suspend or stop providing you with access to the App and the services contained therein if you fail to comply with our policies.
Application of the Terms of Use
These Terms of Use (together with the Privacy Policy) applies to your use of:
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Stumble Legal once you have downloaded a copy of the App onto your mobile or handheld device; and
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Any of the services accessible through the App, unless the Terms of Use state that a separate privacy policy applies to a particular service, in which case that privacy policy only applies.
Privacy
The Privacy Policy of Stumble Pty Ltd (“Stumble”), explains the data we collect, use, and store while you use and access our services. By using our services, you have read, understood and agree to the terms of our Privacy Policy and agree that we may use such data in accordance with that Policy.
Intellectual Property
Other than content you own, which you may have opted to include on the App, under these Terms, Stumble and/or its licensors own all rights to the intellectual property and material contained in the App (including all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the App, the software and application programming interfaces comprising the App, and all other content therein), and all such rights are reserved.
You are granted a limited, revocable, non-exclusive, non-transferrable, non-sublicensable license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained in the App and accessing and using the services contained in the App.
You may only access and/or use the App through the certified applications or intended methods that Stumble make available to you. Access or use of our App through a method provided by a company other than Stumble is strictly prohibited and outside the scope of the licence granted herein.
Restrictions
You are expressly restricted from all of the following:
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Publishing any App material in any media;
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Selling, sublicensing and/or otherwise commercialising any App material;
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Removing or tampering with any copyright notice attached to or contained in the App;
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Reproducing, performing, displaying, distributing, reversing engineering, or preparing derivative works from content that belongs to or is licensed to Stumble, or that comes from the App and belongs to another user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Stumble and/or any other party holding the right to license such use;
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Using the App in any way that is, or may be, damaging to the App, including for an unlawful purpose or an unlawful manner, or in any manner inconsistent with these Terms;
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Using the App in any way that impacts user access to the App, including for an unlawful purpose or an unlawful manner, or in any manner inconsistent with these Terms;
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Using the App contrary to applicable laws and regulations, or in any way that causes, or may cause, harm to the App, or to any person or business entity;
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Posting false, inaccurate, misleading, defamatory or libellous content within the App;
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Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the App, or while using the App;
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Using the App to engage in any advertising or marketing;
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Circumventing any technical measures we use in order to provide the App;
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Providing your username and password used to access the App to any third party;
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Aiding or encouraging any third party to engage in any activity that would constitute a breach of this agreement.
You must comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the App or any service contained therein.
Certain areas of the App may be restricted from access by you, and Stumble may further restrict access by you to any areas of the App, at any time, in its sole and absolute discretion. Any user ID and password you may have for the App are confidential and you must maintain confidentiality of such information.
Your content
In these Terms, “content” shall mean any audio, video, text, images or other material.
When providing us with content or causing content to be posted or displayed using the App, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and any other intellectual property rights you have in the content, in any media known now or developed in the future.
To the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the App, and use of any such content (including works derived from it) by us, our users, or others in contract with us that is done in connection with the App and in compliance with this agreement.
Warranties
The App is provided on an “as is” basis to the extent of the applicable law, and we do not make any representation or give any warranty or guarantee (whether express or implied) in respect of the App or its content.
Liability
To the extent permitted by applicable law, Stumble, nor any of its officers, directors, employees or agents, are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
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Your use or or your inability to use the App;
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Delays or disruptions in the App or services contained therein;
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Viruses or other malicious software obtained by accessing or using the App;
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Glitches, bugs, errors, or inaccuracies of any kind in the App;
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Damage to your hardware device from the use of the App;
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The content, actions, or inactions of third parties;
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Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms of Use or our Privacy Policy;
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Your provision or use of outdated, incomplete or inaccurate information in connection with the App.
In no event shall Stumble, nor any of its officers, directors, agents and employees, be liable to you for anything arising out of or in any way connected with your use of the App, whether such liability is under contract, tort or otherwise. Stumble, including its officers, directors, agents and employees, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this App.
Indemnity
You hereby indemnify to the fullest extent Stumble from and against any and all liabilities, costs, demands, causes of action, damages and expenses arising out of or in any way related to:
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All third party claims;
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Your alleged or actuasl breach of this Agreement;
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Your use or misuse of the App;
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Your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights and rights of privacy;
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Your alleged or actual infringement or violation of any applicable laws and regulations.
Termination
Subject to the terms of this section, these Terms will remain in effect for as long as you use the App.
You may cancel your account and terminate this agreement at any time and for any reason.
We may terminate this agreement and your access to the App and the services provided therein at any time and for any reason by providing notice to support@stumblelegal.com provided to us by you.
Upon termination of this agreement, the rights and licences granted to you hereunder, including your ability to access and use the App, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to Stumble.
We reserve the right to cease operating the App or any of the services therein at any time without notice, and to terminate this agreement.
You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this agreement.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of terms
Stumble is permitted to revise these Terms at any time, and by using the App you are expected to review such Terms regularly to ensure that you understand all Terms governing the use of the App.
Assignment
Stumble may assign, transfer or subcontract these Terms or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring notification or your written consent. You may not assign your rights and/or obligations under these Terms in whole, or in part, for any reason.
Third party beneficiaries
Except with respect to platform providers through which you download or use the App, nothing in these Terms, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this agreement.
Governing jurisdiction
These Terms will be read and interpreted in accordance with the laws of the State of New South Wales and the Commonwealth of Australia. Any dispute, which cannot be resolved between you and us, shall be resolved in the New South Wales Courts or Federal Courts.
Other
If any open-source software is included in the App, the terms of an open-source license may override some of the terms of this Terms of Use.
On occasion, updates to the App may be issued to you through the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
Contact
Stumble is located at Level 1, 299 Elizabeth Street Sydney NSW 2000, and is registered under ABN 57 621 322 218.
We can be contacted regarding any questions about these Terms of Use or our Privacy Policy at support@stumblelegal.com.