IBM Live

inspired mobile experiences

Terms and Conditions

Effective Date: May 25th, 2018

Terms of Use and End User License Agreement

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEORE DOWNLOADING, INSTALLING OR USING THE GPJ MOBILE APPLICATION (“APP”).

These terms of service and end user license agreement (the "Terms of Use" or “Terms”) will govern your access to, and use of, the APP operated by George P. Johnson Company and IBM Corp. In these Terms of Service, you will be referred to as “you” or “your”, George P. Johnson Company and/or IBM Corp. will be referred to as “we” or “us”.

BY CLICKING THE "AGREE" BUTTON OR BY DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.

Please refer to GPJ’s Privacy Policy to understand the usage of your personal information at www.gpj.li/privacy.

User Registration

  1. In order to access or use some features of the App, you may have to become a registered user. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise submit personal information.
  2. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “User Account”). You are responsible for safeguarding and maintaining the confidentiality of your User Account. You are solely responsible for the activity that occurs under your User Account, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your User Account.

License Grant

Subject to these Terms of Use, we grant you a limited, non-exclusive and nontransferable license to:

  1. download, install and use the App for your personal, non-commercial use on any iPhone, iPod touch or iPad owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation; and
  2. access, stream, download and use on such Mobile Device the Service Content (as defined below) made available in or otherwise accessible through the App, strictly in accordance with these Terms of Use.

License Restrictions

You shall not:

  1. copy the App, except as expressly permitted by this license;
  2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
  3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
  4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
  6. post or transmit, or cause to be posted or transmitted, any communication or solicitation designated or intended to obtain password, account, or private information from any App user;
  7. use personal information from any other App user; (H) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; or
  8. use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.

Ownership

As between you and us, the App and the content accessible on or through the App (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the App (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in the App are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the App or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Collection and Use of Your Information

You acknowledge that when you download, install or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device, about your use of the App, and preferences and interests, other information relating to your attendance at an event. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Content and Third Party Links

  1. The App, including, without limitation, Service Content is for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed on and through the App for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
  2. In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered on or through the App by anyone other than our authorized employees or spokespersons while acting in their official capacities.
  3. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

Updates

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  1. the App will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.
  3. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use.

Disclaimer of Warranties

THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICE CONTENT:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE APP.
  3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in case involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations shall apply even if the above stated remedy fails its essential purpose.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of these Terms of Use.

Applicable Law and Venue

These Terms of Service and any transactions regarding the Service shall be governed by and construed in accordance with the laws of the State of Michigan, without resort to its conflict of law provisions. You agree that any action at law or in equity arising from or related to the App or these Terms of Use shall be filed only in the applicable state or federal court with jurisdiction in Oakland County, Michigan, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any action, proceeding or suit arising from or related to the Service or these Terms of Use.

Export Regulation

The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and such severed provision shall not affect the validity and enforceability of any remaining provisions.

Changes to Terms of Use

We reserve the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy relating to the App, at any time and in our sole discretion. If we decide to change these Terms of Use or any policy relating to the App, we will post an updated version on www.gpj.li/terms and update the effective date set forth above. Any changes or modifications to these Terms of Use or any applicable policy will be effective upon posting of the revisions. Your continued use of the App following posting of any changes or modifications constitutes your acceptance of such changes or modifications.

You should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply.

Third Party Beneficiary

George P. Johnson Company clients and their subsidiaries are third party beneficiaries under these Terms of Use. Upon your acceptance of these Terms of Use, George P. Johnson Company clients, as a third-party beneficiary, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

End-User Terms Required by Apple

You acknowledge and agree that (i) these Terms are concluded between you and us, and not Apple, Inc. (“Apple”); (ii) We and our licensors, and not Apple are solely responsible for the App; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App, if any; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (vi) Apple is not responsible for any claims that you have arising out of your use of the App; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the App infringes such third-party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, as third-party beneficiary to enforce these Terms against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contacting Us

If you should have any questions, complaints or claims regarding the App, we can be contacted at: privacy@gpj.de.