TERMS OF SERVICE
Mobile application end-user licence agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY USING THE WEBSITE OR DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT CONTINUE TO USE THE WEBSITE OR DOWNLOAD THE APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
MC Interactive LLC, 214 Water Street, Cheboygan, MI, 49721 United States of America. We allow you to use under the terms in this agreement:
1) The website www.mackinacislandapp.com amongst other websites.
2) Mackinac Island App (App) both the iOS and Android version and any updates or supplements to it.
3) The related online or electronic documentation (Documentation).
4) The service you connect to via the App and the content we provide to you through it (Service).
YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Standard.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Website, App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPLE’S and GOOGLE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the App Store (https://developer.apple.com/app-store/review/guidelines/) and Google Play Store’s rules and policies (https://play.google.com/about/developer-content-policy/#!?modal_active=none), which will apply instead of these terms where there are differences between the two.
ADDITIONAL EXPENSES
In the different tours that we offer in the Mackinac Island App, we have included locations that require an admission fee. Those admission fee costs are not included in the purchase of the Mackinac Island App. Terms and conditions specified by the third party might apply upon entering the location.
OPERATING SYSTEM REQUIREMENTS
This app requires an Apple or Android mobile device with iOS 11 or higher or Android 4.1 or higher.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Contacting us (including with questions, recommendations and complaints). If you wish to contact us for any reason please email our customer service team at support@mackinacislandapp.com.
How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us. We sometimes will communicate with you by using Mailchimp whose terms and conditions can be found here: Terms of Service
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms, you may:
download the App onto your iPhone or Android device and view, use and display the App and the Service on such devices for your personal purposes only. In addition, you may share the App and the Service in accordance with the rules set out in https://support.apple.com/en-gb/HT203046 for iOS and https://support.google.com/googleplay/answer/6286986?hl=en for Android.
use any Documentation to support your permitted use of the App and the Service.
Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may at any time change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA
Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device but please note that the App may not perform properly without location services since the App is very much dependent on your location. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us from collecting such data at any time by turning off your location services settings.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation, and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are not liable for death or injury caused by your negligence. You are entirely responsible for your own safety whilst using the app and must take maximum care when crossing roads and in respect of all other potential hazards whilst taking our walking tours and using the App.
We are not liable for death or injury caused by the negligence of other businesses. In the App, we recommend places to eat, drink, experience and explore but we do not assume any responsibility whatsoever for your safety if you choose to go to somewhere that has been recommended in the App and we are not liable for death or injury caused by the negligence of any of the recommended places.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please backup content and data used with the App. We recommend that you backup any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by Michigan, United States of American law and you can bring legal proceedings in respect of the products in Michigan, United States of America courts.
END OF DOCUMENT