Roller Journal
1. GOVERNING DOCUMENT

The terms of this document govern the relationship between the user ("you") and Infoding, ABN 32 942 601 160 ("Company") in respect of your use of the Software and Services.

Permission to use the Software and Services is conditional upon you agreeing to the terms set out in this document. The Software and Services are offered to you on condition that you read and accept this document and agree to be bound by its terms.

By installing, using or accessing the Software or Services you are considered to have accepted the terms set out in this document. If you do not agree with or otherwise wish to accept the terms set out in this document, do not install, use or access the Software and/or the Services.

If you are a minor, you must get your parent or guardian's permission before installing, using or accessing the Software or Services.

2. DEFINITIONS

In this document, unless the context otherwise requires, the following words have the following meanings:

"Apple" means Apple Inc. of 1 Infinite Loop, Cupertino, California.

"Claim" means any action, claim, proceeding or demand whatsoever, whether presently existing or arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future.

"Device" means a single device owned or controlled by you.

"Generated Content" means content generated, created, made or otherwise brought about as a result of using the Software and/or the Services.

"Intellectual Property" includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trade marks, trade secrets, know-how and confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this document, and in all cases for the duration of those rights and any renewal.

"iOS App Store" means the App Store operated by Apple in respect of its devices running the iOS operating system.

"Loss" means all losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way.

"Provider" means a third party provider that provides you with access to the Software. Examples of potential Providers include Apple, Facebook Inc., and Google Inc.

"Provider Credits" means currency-like credits held by you with a Provider. Facebook Credits are an example of Provider Credits.

"Services" means services offered by the Company for use in conjunction with the Software.

"Software" means the software application licensed by the Company to which this document applies.

"Update" means an update supplied by the Company that replaces or supplements the original Software.

"Virtual Items" means any virtual items or objects for use in the context of the Software and/or Services, and includes any form of virtual currency.

3. INTERPRETATION

In this document, unless the contrary intention appears: (a) words denoting the singular include the plural and vice versa; (b) a reference to any gender includes all genders; (c) a reference to a person or entity includes a natural person, a partnership, corporation, trust, association, unincorporated body, authority or other entity; (d) headings are for convenience only and do not affect interpretation; (e) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; (f) a reference to any document is a reference to that document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; (g) a reference to a party to this document includes that party's executors, administrators, successors and permitted assigns; (h) a reference to ($) or (Dollars) is a reference to Australian currency; (i) a reference to a recital, clause, schedule or annexure is to a recital, clause (including sub-clause, paragraph, sub-paragraph or further subdivision of a clause), schedule or annexure of or to this document and a reference to a paragraph is to a paragraph in a schedule; (j) a reference to any books or records or writing includes a reference to such documents or writing in all formats including electronic, disk, magnetic or written format; (k) a reference to any legislation or legislative provision includes any regulations or other delegated legislation or instruments made or issued under it and any consolidations, amendments, re-enactments or replacements of it and them and any of them; (l) the word (including) is not to be treated as a word of limitation; and (m) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this document.

A term which purports to bind or benefit two or more persons binds or benefits them jointly and severally.

4. SOFTWARE LICENCE

Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to:

(a) use the Software as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/us/terms.html)

You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Software, or make the Software available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing the Software, you must remove any copies of the Software before doing so.

Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, or any part thereof.

The Company retains all right, title and interest to all Intellectual Property rights subsisting in the Software or any part thereof.

5. UPDATES

The terms of this document (as amended pursuant to clause 21.1), will govern any Updates, unless such an Update is accompanied by a separate licence supplied by the Company in which case the terms of that licence will govern. You acknowledge and agree that the Company: (a) is under no obligation to provide any Updates; (b) can offer optional paid Updates; (c) can use Updates to add, remove, modify or otherwise alter features of the Software at its sole discretion, and that such changes will not be a breach of this document; (d) can require you to install Updates to the Software in order to continue using the Services; and (e) can provide Updates in such a manner that the Software is unable to be reverted to its previous state.

In order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, you may also be required update third party software on your Device. You acknowledge and agree that: (f) the Company is not responsible for such third party updates; (g) such third party updates may be subject to their own terms and conditions, which the Company strongly recommends you review prior to implementing the third party update; and (h) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Software and/or Services.

6. SERVICES

Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to use the Services. You can only use the Services in connection with Software offered by the Company.

You acknowledge and agree that you use the Services at your own risk.

The Company can modify or cease to offer the Services, or any part thereof, at any time without prior notice to you.

To the fullest extent permitted by applicable law, the Company does not accept liability for any Claims or Losses arising directly or indirectly from: (a) a failure to provide any Software or Service, or any part thereof; (b) corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any Service or Software; (c) any suspension or discontinuance of any Service, or any part thereof; or (d) any use of the Services by other users, including any use of the Services by other users in a manner which contravenes this document.

7. YOUR OBLIGATIONS

You can only use the Software and/or Services if the requirements set out below are met. You warrant and represent that the following statements are true and correct: (a) you are not located in a country that is subject to an embargo by the government of the United State of America; and (b) you are not included on any list of prohibited or restricted parties by the government of the United State of America.

Access to the Software and/or Services, or parts thereof, may require your Device to be connected to the internet or require other third party services.

You must comply with any applicable third party terms of agreement when using the Software and/or Services. You are responsible for ensuring that your installation and use of the Software and/or Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.

You agree that you will not:

(c) use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, the Software and/or the Services; (d) attempt to disrupt the normal operation of the Software or Services, or any infrastructure operated by the Company or other business activities of the Company; (e) attempt to gain unauthorised access to the Software and/or the Services; (f) make any automated use of the Software and/or the Services; (g) impersonate any other person in your use of the Software and/or Services; or (h) use the Software and/or the Services in connection with the actual or attempted contravention of any applicable laws.

8. IOS APP STORE

If you obtained the Software from the iOS App Store, you and the Company acknowledge and agree that: (a) this document is concluded between you and the Company only, and not with Apple, and the Company, not Apple, is solely responsible for the Software and the content thereof; (b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software, either under this document or applicable law; (c) the Company, not Apple, is responsible for addressing any Claims of you or any third party relating to the Software or your possession and/or use of the Software, including but not limited to: (i) product liability Claims; (ii) any Claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) Claims arising under consumer protection or similar legislation; (d) in the event of any third party Claim that the Software or your possession and/or use of the Software infringes that third party's Intellectual Property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim; (e) Apple, and Apple's subsidiaries, are third party beneficiaries of this document; and (f) upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

9. SUPPORT

Unless otherwise specified or agreed pursuant to a separate written agreement between you and the Company, the Company will not be obliged to support the Software or the Service, whether by providing advice, training, error-correction, modifications, updates (including Updates), new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to the use of the Software or the Service by you.

10. THIRD PARTY SERVICES

You can use third party services: (a) to obtain the Software and/or Services (for example, from a Provider's software marketplace); and/or (b) in conjunction with the Software and/or Services (for example, a social networking website).

Further, in order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, you may be required to use certain third party services.

Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that the Company is not liable for the activities of any such third parties.

The Software and Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.

11. DURATION OF SOFTWARE LICENCE

Subject to the remainder of this clause, the licence granted to you in clause 4 is granted in perpetuity. This licence can be immediately terminated by the Company in the following circumstances: (a) you are in breach of any term of this document, or threaten to breach any term of this document; (b) you, being a corporation, become the subject of insolvency proceedings, or threaten to do so; (c) you, being a firm or partnership, are dissolved, or threaten to be dissolved; (d) you destroy the Software for any reason, or threaten to do so; or (e) you so elect in writing.

Upon termination, you or your representative will destroy any remaining copies of the Software and any associated documentation or otherwise return or dispose of such material in the manner directed by the Company.

Termination pursuant to this clause will not affect any rights or remedies which the Company may have otherwise under this document or at law.

Nothing in this clause limits any right the Company may have pursuant to this document to modify the Software by way of Update, including by removing any features from the Software, or to modify or cease offering the Services or any part thereof.

12. WARRANTY

You acknowledge that the Software and Services cannot be guaranteed to be error free and further acknowledge that the existence of any such errors will not constitute a breach of this document.

Except as expressly provided to the contrary in this document, and to the full extent permitted by applicable law, the Company will not be liable to you for any Loss, including special, indirect or consequential damages (such as loss of profits), or Claim, arising out of breach of this document or arising out of the supply of defective Software or Services.

Without limiting the preceding paragraph, to the full extent permitted by applicable law, the Company's liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by the Company, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at the Company's option): (a) in the case of goods, including the Software (to the extent the Software is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the you; or (b) in the case of services, including the Services – supplying the services again or paying the cost of having the services supplied again.

Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, our maximum aggregate liability to you for any Losses you incur or Claims you make against us is limited to the sum of AUD$10.

You acknowledge that you have exercised your independent judgment in acquiring the Software and the Services and have not relied on any representation made by the Company which has not been stated expressly in this document or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by the Company.

If you purchased the Software from the iOS App Store, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other Claims, Losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by the Company in accordance with this document.

13. INTELLECTUAL PROPERTY

Entry into this document does not constitute a transfer or conveyance of any Intellectual Property owned by the Company as at the date of this document, including but not limited to all Intellectual Property associated with the Software and the Services.

You acknowledge that the Software and materials provided in the course of the Services are protected by copyright and may also be protected as other forms of Intellectual Property owned by the Company. You will not during or at any time after the termination of this document undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights and, without limiting the generality of the foregoing, you specifically acknowledge that you must not copy the Software except as otherwise expressly authorised or acknowledged by this document.

You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Software or the Services, or any output from the Software or any files related to the Software or the Services.

You will indemnify the Company fully against all liabilities, costs, Losses, Claims and expenses which the Company may incur to a third party as a result of your breach of any of the provisions of this document.

The Software and/or the Services may allow you to create Generated Content. To the extent that any Generated Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your Generated Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your Generated Content.

14. SECURITY

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information you transmit to it. Accordingly, any information which you transmit to the Company is transmitted at your own risk. Nevertheless, once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.

You must take your own precautions to ensure that the process which you employ for accessing the Software and/or the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. For the removal of doubt, the Company does not accept responsibility for any interference or damage to your Devices which arises in connection with your use of the Software and/or the Services.

25. PRIVACY

The Company undertakes to comply with the terms of its Privacy Policy in respect of the Software and the Services. This can be viewed at http://www.rollerjournalapp.com/privacy.html, and this Privacy Policy is incorporated into, and forms part of, the terms of this document.

16. GENERAL
16.1 Amendment

The Company reserves the right to amend, revise or replace this document from time to time. Amendments, revisions and replacements will be effective immediately upon posting at http://www.rollerjournalapp.com/terms-of-use.html. Your continued use of the Software or Services following such notification represents your agreement to be bound by the terms of this document as amended, revised or replaced, and your understanding and acceptance of the amended, revised or replaced document.

16.2 Waiver

No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under this document.

16.3 Severance

If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.

16.4 Governing Law

This document is governed exclusively by the law in force in New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with this document.

16.5 Assignment

You cannot assign, novate or otherwise transfer any of your rights or obligations under this document without the prior written consent of the Company which consent can be granted or withheld in the absolute discretion of the Company.

The Company can assign, novate or otherwise transfer any of its rights or obligations under this document at its sole discretion, without notice to you.

16.6 Force Majeure

Notwithstanding anything else contained in this document, the Company will not be liable for any delay in or failure to comply with this document if such delay or failure is caused by circumstances beyond that party's reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.

17. CONTACT

In the event that you need to contact the Company regarding this document, the Software and/or the Services, please use the following details.

Infoding
Email: hello[at]rollerjounalapp.com