Terms & Conditions
Your download, installation, and use of the Reel application (the “Reel” or the “Application”) and/or and the Reel website at https://reelapp.io (the “Website”) is subject to and expressly conditioned on the terms set forth below, which may be amended or modified from time to time by Newton d.o.o. (“Newton”) in its sole discretion. Any such amendments or modifications shall become effective and legally binding upon you upon the posting of the same by Newton. If you do not agree with all of the terms of this agreement, you are not permitted to download the Reel application or use it or the Website in any manner. Please check this page regularly for updates.
The term "Reel application" includes the software, any updates or modifications to the Reel application, online and/or electronic documentation, associated media, printed materials, computer code, and other associated materials and components provided by Newton in its sole discretion. You are solely responsible for any and all telecommunications or other connectivity charges incurred through your use of the Reel application and the Website.
Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This agreement is between you and Newton, not Apple, Inc. (“Apple”). Newton is solely responsible for the Reel application, Website, and the content thereof.
- Apple and its subsidiaries are third party beneficiaries of this Agreement to the extent it relates to the Reel application. As a third party beneficiary, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
- Apple is not responsible for the Application, including any maintenance or support.
- Apple has absolutely no warranty obligations with respect to the Application.
- Apple is not responsible for any third party claims against you relating to the Application, including but not limited to:
- Product liability claims;
- Claims that the Application fails to meet applicable legal or regulatory requirements;
- Claims arising under consumer protection or similar laws; or
- Intellectual property infringement.
Apple bears no responsibility for the investigation, defense, settlement or discharge of any such claims.
License / Permitted Use
Subject to the terms and conditions set forth in this agreement, Newton grants you a personal, limited, non-transferable, non-exclusive, and revocable license to use the Reel application on any mobile or similar device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). The Reel application is made available only for use by an Authorized User. Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This license does not allow you to distribute or make the Reel application available over a network or otherwise in a manner it could be used by multiple devices at the same time. You may not copy, disassemble, decompile, attempt to derive the source code, modify, reverse engineer, or create derivative works of the Reel application, including any updates, or any part thereof.
Except as expressly mandated by law, you may not, without our prior written permission: (i) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Website or Application; or (ii) engage in systematic retrieval of data or other content from the Website or Application.
Ownership / Copyrights and Trademarks
Except where otherwise indicated all title, ownership rights, and intellectual property rights in and to the Website and the Reel application are owned by Newton and/or its licensors. The Website and the Reel application must not be used in any manner or for any purpose that is either unlawful or unauthorized by Newton.
The Newton logo and other Newton trademarks and service marks are owned by Newton and/or its affiliates or licensors and are protected by international copyright and trademark laws. Except as provided herein, you shall not use any portion of the Website or the Reel application, or any other intellectual property of Newton, on any other application or Web site, in the source code of any other application or Web site, or in any other printed or electronic materials without the express written consent of Newton.
The license granted herein does not grant or confer any ownership right or title to the Reel application. All rights not expressly granted under this agreement are reserved by Newton.
Consent to Use of Data / Privacy
Newton may collect and use information from the Website and the Application in order to better understand the Website and Application usage, improve the user experience, and facilitate the provision of updates, support, and other services to you. The following anonymous information is transmitted back to Newton for the uses described above:
- Frequency of user page or screen visits;
- Number of selections, starts, and completions; and
- Your location at the time of the recording
Some portions of the Website and Application are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Website is prohibited. You agree that you will notify Newton immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. For your protection, if Newton believes that any unauthorized access may occur or has occurred, Newton may terminate such access without prior notice to you. You also agree that Newton is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.
Services, Third Party Materials
The Website and the Reel application may contain links to or enable access to Newton’s and third party services and web sites (collectively and individually, "Services"). Your use of Services may require Internet access and that you accept additional terms of service. In order to use certain features of the Website and the Reel Application, you may be required to have a registered account with Newton.
Certain Services may display, include or make available content, data, information, application, or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge that Newton is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. Newton does not warrant or endorse and does not assume and will not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Location data, if provided by any Services, is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Location data may not be accurate. Neither Newton, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod touch are not available in all languages or in all countries. Newton makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Newton, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Newton be liable for the removal of or disabling of access to any such Services. Newton may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Limited Warranty / Limited Liability
In no event shall Newton’s total liability to you for all damages exceed the cost of replacement or repair of the application.
Further, it is understood by the licensee that Newton shall be under no obligation to repair or replace the allegedly defective product(s) unless the licensee or its representative provides complete details in writing within 10 days of discovery of each alleged defect and adequate time is allowed for repair or replacement.
User acknowledges and agrees that Newton may in its sole discretion from time to time make additions to, deletions from, modifications to, or change the nature of the Data. THE API AND THE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, Newton AND ITS LICENSORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, Newton DISCLAIMS ANY WARRANTY THAT USERS OF THE API OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE.
You agree to indemnify, defend, and hold harmless Newton, its affiliates, officers, directors, employees, agents and contractors harmless from all damages, losses, and expenses (including attorneys’ fees and costs) arising directly or indirectly from your acts or omissions in using the Reel application pursuant to the terms and conditions set forth in this agreement.
Jurisdiction, Enforceability, and Termination
This agreement and your use of the Reel application are governed in all respects by the laws of the Republic of Croatia, without giving effect to any principles of conflicts of laws that would result in the application of the laws of another jurisdiction. Any dispute concerning the Reel application or this agreement shall be subject to the exclusive venue of a court of competent jurisdiction in Split, Croatia.
In the event that a court of competent jurisdiction holds any provision of this agreement to be invalid or unenforceable, then such provision shall be severable and shall not affect the validity or enforceability of the remaining provisions.
The terms of this agreement are effective until terminated by Newton. Newton may terminate this agreement and/or the Reel application, or any part thereof, at any time without notice, including and without limiting the foregoing, if Newton determines or believes, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you shall cease all use of the Reel application, and destroy all copies, full or partial, of the Reel application.
This agreement covers the entire agreement with regard to the items discussed above.
Effective Date: October 5, 2019
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