Reel Apps Inc. Shot Lister General Terms and Conditions January 1, 2017
In using this application you are deemed to have read and agreed to the following terms and conditions:
- The below general contract provisions (GTCs) are applicable for all contracts concluded via Apple App Stores or Google Play Store (hereinafter: “App Stores”), and REEL APPS INC. (hereinafter: “REEL APPS”) between natural and legal persons, who purchase and or subscribe SHOT LISTER software on App Stores (hereinafter: “Customers”).
- Deviating general terms and conditions of the Customer are not recognized by REEL APPS, unless REEL APPS had expressly consented to these in writing.
2. Conclusion of Contract
- REEL APPS offers purchases and or subscriptions to SHOT LISTER software (hereinafter: SHOT LISTER) available on the App Stores.
- The item descriptions on the App Stores represent an unbinding invitation for the Customers to purchase and or subscribe. The Customer makes a binding offer to conclude the contract by purchasing and or subscribing.
- REEL APPS has the right to accept the contractual offer from the Customer following receipt of the order via the App Stores. The contract, however, is concluded at the latest when the selected purchase and or subscription option of SHOT LISTER has been delivered.
- The purchase agreement is concluded with: REEL APPS INC. 1201 – 33 Smithe Street, Vancouver BC Canada V6B 0B5. The contract language is English.
3. Contract text storage
- All contract information will be stored by the App Stores. Emails of Subscribers will be stored on REEL APPS’ servers and the files created by subscribers will be stored on REEL APPS’ servers for a period of one month.
- These GTCs can also be accessed and printed via the internet site www.shotlister.com.
4. Right to cancel
- Customers fundamentally have a statutory right to cancel. The legal regulations regarding a possible existing right to cancel are exclusively contained in the cancellation instructions on the App Stores, which are available to the CUSTOMERS as part of the order process.
5 Termination of the right to cancel
- Both the Customer and REEL APPS have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. Shot Lister subscription is an optional in-app purchase with an annual subscription of $13.99US, charged to customer’s credit card via the customer’s App Store account & automatically renews unless canceled at least 24 hours before it expires. Price may vary by location. Customers are unable to cancel subscriptions once activated. Customers can manage subscriptions in Account Settings after purchase.
6 Payment and invoicing
- The prices valid on the day of the order are applicable, as they are displayed in the App Stores. The indicated prices are applicable in each case plus statutory taxes as set by the App Stores.
- REEL APPS only accepts the payment methods offered via the App Stores during the order process. The Customer independently selects his preferred payment method from the payment methods available.
- If a delivery is carried out with payment by credit card via the App Stores, the Customer authorizes the charging of the full invoice amount when due via the credit card company concerned by disclosing his credit card data. The charging will take place in this case with the order confirmation.
7 Reservation of title
- REEL APPS retains the ownership and all rights to SHOT LISTER software.
8 Liability for material and statutory defects/Warranty
- Rights in the case of defects of SHOT LISTER software are determined according to the statutory provisions.
- Obvious defects must be presented to REEL APPS within a period of two weeks from receipt of SHOT LISTER application, otherwise the assertion of a warranty claim is ruled out. In order to respect the deadline, timely sending of the notice of defects is sufficient by email.
- A material defect is present if SHOT LISTER software is not fit for the use described in the documentation of REEL APPS. The documentation can be retrieved on the internet site of www.shotlister.com.
- Claims due to material defects against SHOT LISTER software regularly lapse in one month.
- The limitation period commences with the receipt of the application downloaded from the App Stores
- The Customer is obliged to report emerging defects immediately following discovery thereof to REEL APPS, providing the specific defect characteristics.
- If defects are reported to REEL APPS, the latter can choose to rectify or offer a refund.
- REEL APPS will track all defects and make it’s best efforts to rectify in following updates to the application.
- Even in the context of rectification, the Customer is himself responsible for the download and installation of SHOT LISTER application on his own devices.
- The duty of guarantee is not applicable if the Customer makes changes to SHOT LISTER files without express written approval from REEL APPS or if the defect characteristics emerge in a software environment different to that specified, unless the Customer proves that these facts have no connection with the defect.
- REEL APPS guarantees that the contractual use of SHOT LISTER files by the Customers does not conflict with the rights of third parties.
9 Rights of use /License conditions
- SHOT LISTER is a software application which gives the Customer new possibilities for creating a shot list and shooting schedule and supports him in each step when creating these files.
- REEL APPS ensures the Customer a right of use of SHOT LISTER application when a SHOT LISTER app or subscription is purchased according to the following conditions:
10 Scope of purchase
- REEL APPS ensures the Customer, in the context of this purchase and or subscription, a simple, non-transferable, non-exclusive use of SHOT LISTER application.
- REEL APPS ensures the Customer a right of use of SHOT LISTER when an SHOT LISTER app and or subscription is purchased according to the following conditions:
- The right of use comprises the installation and the parallel operation on various personal computers and mobile devices of the Customer (hereinafter: Installations).
- The files generated by SHOT LISTER software for personal use only. The Customer does not have the right to rent or lease with third parties. However, the customer does have the right to share these files with third parties. The Customer does not have the right to adapt by reverse engineering or in any other manner, in particular to decompile or disassemble, unless this is permitted according to applicable law.
11 Copyrights – intellectual property
- REEL APPS reserves all rights to SHOT LISTER software application. SHOT LISTER software contains code which is the sole copyright of REEL APPS and is protected by copyright laws, international contracts or other national laws. The Customer receives no further rights to SHOT LISTER software beyond those indicated through the licensing and use of SHOT LISTER.
12 Third party property rights – warranty rights
REEL APPS ensures that SHOT LISTER does not infringe the rights of third parties.
- The warranty for material defects is not applicable for defects which are based on the fact that SHOT LISTER is used in a hardware or software environment which does not meet the requirements indicated on the internet site of SHOT LISTER. REEL APPS rejects any further warranty, in particular the implied warranty for a certain purpose.
13 Exclusions and Limitations
The information on the SHOT LISTER web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this application and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this application and/or the Company’s literature; and
- Excludes all liability for damages arising out of or in connection with Customer use of this application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or if the Customer has advised this Company of the possibility of such potential loss), damage caused to the Customer’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
The Terms and Conditions are known to the Customer. The Customer had the opportunity to make himself aware of their content in a reasonable manner. Inasmuch as the Customer uses general terms and conditions regarding the use of the software, these are rejected. All agreements containing an amendment, addition or substantiation of these use conditions, as well as special guarantees and arrangements are to be put into writing. If they are stated by representatives or agents of REEL APPS, they are only binding if REEL APPS has hereby granted its written consent.
REEL APPS, 1201 – 33 Smithe Street, Vancouver, BC V6B 0B5 Email: firstname.lastname@example.org Data storage and privacy Reference is made to the privacy statement on the application, www.shotlister.com
These GTCs are available in English only. The law of Canada and British Columbia is
applicable for all legal relationships.
Copyright © 2017 Reel Apps Inc. All rights reserved.