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Introduction

These terms and conditions govern your use of this app; by using this app, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this app.

License to use app

Unless otherwise stated, Montessorium and/or its licensors own the intellectual property rights in the app and material on the app.  Subject to the license below, all these intellectual property rights are reserved.

You must not:

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this app, for whatever purpose.

You grant to Montessorium a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Montessorium the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Montessorium or a third party (in each case under any applicable law).

You must not submit any user content to the app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Montessorium reserves the right to edit or remove any material submitted to this app, or stored on Montessorium’s servers, or hosted or published upon this app.

[Notwithstanding Montessorium’s rights under these terms and conditions in relation to user content, Montessorium does not undertake to monitor the submission of such content to, or the publication of such content on, this app.]

No warranties

This app is provided “as is” without any representations or warranties, express or implied.  Montessorium makes no representations or warranties in relation to this app or the information and materials provided on this app.

Without prejudice to the generality of the foregoing paragraph, Montessorium does not warrant that:

l  this app will be constantly available, or available at all; or

l  the information on this app is complete, true, accurate or non-misleading.

Limitations of liability

Montessorium will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this app:

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Montessorium has been expressly advised of the potential loss.

Exceptions

Nothing in this app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this app disclaimer will exclude or limit Montessorium’s liability in respect of any:

l  death or personal injury caused by Montessorium’s negligence;

l  fraud or fraudulent misrepresentation on the part of Montessorium; or

l  matter which it would be illegal or unlawful for Montessorium to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this app, you agree that the exclusions and limitations of liability set out in this app disclaimer are reasonable.

If you do not think they are reasonable, you must not use this app.

Other parties

You accept that, as a limited liability entity, Montessorium has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Montessorium’s officers or employees in respect of any losses you suffer in connection with the app.

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this app disclaimer will protect Montessorium’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Montessorium.

Unenforceable provisions

If any provision of this app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this app disclaimer.

Indemnity

You hereby indemnify Montessorium and undertake to keep Montessorium indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Montessorium to a third party in settlement of a claim or dispute on the advice of Montessorium’s legal advisers) incurred or suffered by Montessorium arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Montessorium’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Montessorium may take such action as Montessorium deems appropriate to deal with the breach, including suspending your access to the app, prohibiting you from accessing the app, blocking computers using your IP address from accessing the app, contacting your internet service provider to request that they block your access to the app and/or bringing court proceedings against you.

Variation

Montessorium may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this app from the date of the publication of the revised terms and conditions on this app.  Montessorium will advise you of changes to these terms as appropriate.

Assignment

Montessorium may transfer, sub-contract or otherwise deal with Montessorium’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Montessorium in relation to your use of this app, and supersede all previous agreements in respect of your use of this app.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South Dakota law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of South Dakota.

Montessorium’s details

The full name of Montessorium, Inc.

Montessorium is registered in South Dakota.

You can contact Montessorium by email to hello@montessorium.com.

Auto-renewing subscription settings:

App Title: Primary, by Montessorium
Length of Subscription: Monthly subscription to Primary
Price of Subscription: $7.99 per month
Payment: Payment will be charged to iTunes Account at confirmation of purchase
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
– Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost $7.99 to renew
– Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

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