Terms and conditions for Route 66 Navigation

Application Developer: Touch Media s.r.o.

Last Updated: 22. 02. 2018

About the Application and its Use

By downloading, installing, copying or using all or any portion of the Route 66 Navigation, these Terms and Conditions will automatically apply to you – you should make sure therefore that you read them carefully before using the Application.

These Touch Media s.r.o. („Touch Media”) Terms and Conditions („T&C”) are a legal agreement between you and Touch Media for the Touch Media product known as Route 66 Navigation („Application“). Use of third party material or data may be subject to other terms and conditions referred to below. If you do not agree to terms of this T&C, please do not install or use the ApplicationTouch Media grants you limited rights to use the Application in binary executable form available to you after the installation of the Application. Title, ownership rights and intellectual property rights in and to the Application remain in Touch Media’s ownership. The Application is owned by Touch Media or third parties and is protected by European Union copyright and patent laws and international treaty provisions.

You’re not allowed to copy, or modify the Application, any part of the Application, or Touch Media’s and third parties’ trademarks in any way. You’re not allowed to attempt to extract the source code of the Application, and you also shouldn’t try to translate the Application into other languages, or make any derivative versions. The Application itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Touch Media or to third parties.

The Application copy is licensed to you, not sold to you, and therefore you are not an owner of any copy of the Application.

You may however install, use, access, display, run or otherwise interact with („Use”) one copy of the Application either on a single smart phone or a handheld device („Device”) or on a single secure digital memory card. A license for Application may not be shared or used concurrently on different Devices.

Touch Media is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application.

All rights not explicitly or expressly granted in this T&C are reserved by Touch Media. This T&C does not grant you any rights in connection with any trademarks or service marks of Touch Media or third parties. License for this Application is not for transfer, distribution, or disclosure to third parties or use for the benefit of third parties.

Use of Licensed Software by the Application

Touch Media’s Application utilizes licensed software products developed by HERE. HERE is the sole owner of its trade marks, trade names and similar designations.

The data (“Data”) is provided for your personal, internal use only and is not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one and Touch Media and its licensors on the other hand. If you do not agree to the HERE Terms and Notices “Terms” and conditions below, you should discontinue your use of the Data and the Application.

Such terms may be updated from time to time and the most current version of such terms can be accessed at HERE Terms. The aforementioned Terms shall apply to the use of map data for the countries listed in the Terms to the extent that the Application is using or the Application uses or includes for each respective country.

Privacy Policy and User Data

The Application does not store and process any kind of personal data. For more information see our Privacy Policy.

Disclaimers

You should be aware that there are certain things that Touch Media will not take responsibility for. It’s your responsibility to keep your phone and access to the Application secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that Application won’t work properly or at all.

Certain functions of the Application will require it to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Touch Media cannot take responsibility for the Application not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the Application outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third party charges. In using the Application, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming.

Along the same lines, Touch Media cannot take responsibility for the way you use the Application i.e. you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Touch Media cannot accept responsibility.

Except where prohibited by applicable law, in no event will Touch Media, its licensors and suppliers, or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Application. Unless otherwise provided under applicable laws, Touch Media also do not warrant or condition the accuracy of the map or other data used for the Application. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions. You are responsible for the entire risk arising out of your use of the Application. Always therefore rely on your common sense to decide whether to follow a specified route or not.

The Application can show you the speed limit for the road you are currently travelling on. However the information about speed limits might not be available for all roads. Always make sure to check the speed limit for the road you are on. The speed limit may have changed and the therefore the speed limit shown on the Application may no longer be correct. Touch Media is not liable for errors in the maps and accepts no responsibility if you are caught breaking the speed limit.

Except where prohibited by applicable law, Touch Media expressly disclaim and exclude all warranties or conditions which may arise from course of dealing, custom or trade and including, but not limited to, the implied warranties of merchantability, fitness for particular purpose and non-infringement of third party rights with respect to the Application. Certain jurisdictions do not permit the disclaimer of certain warranties, so this limitation may not apply to you.

Limitation of Liability

With respect to Touch Media’s responsibility for your use of the Application, when you’re using the Application, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Touch Media accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of the Application.

Except where prohibited by applicable law, under no circumstances shall Touch Media or its licensors and suppliers be liable to you or to any third party for any indirect, incidental, consequential, special or exemplary damages (e. g. inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Application, even if Touch Media has been advised of the possibility of such damages.

Except where prohibited by applicable law, notwithstanding any damages that you might incur for any reason whatsoever (including without limitation, all damages referenced herein and all direct or general damages in contract, tort including negligence or otherwise, the entire liability of Touch Media and all of Touch Media’s suppliers be limited to the amount actually paid by you for the Application. Some provinces, states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you.

Arbitration and Governing Law

You agree that any dispute, claim or controversy arising out of or relating to this T&C or the Application shall be settled by independent arbitration involving a neutral arbitrator appointed by the President of the Arbitration Court and administered by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. The arbitrator shall apply the Rules of the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. You expressly agree to waive your right to a jury trial.

This T&C and performance hereunder will be governed by and construed in accordance with the laws of Czech Republic, without giving effect to its conflict of laws provisions. To the extent judicial action is necessary in connection with the binding arbitration, both Touch Media and you agree to submit to the exclusive jurisdiction of the courts of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

It is the express wish of the parties that this T&C and any directly or indirectly related documents be drawn up in English.

Availability of the Application and Termination of our Services

At some point, we may wish to update the Application. The Application is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Application to) may change, and you’ll need to download the updates if you want to keep using the Application.

Touch Media does not promise that it will always update the Application so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the Application when offered to you. We may also stop providing the Application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application, and (if needed) delete it from your device.

We may modify, suspend or terminate your access to or use of our Application for any reason, such as if you violate the letter or spirit of this T&C create harm, risk, or possible legal exposure for Touch media, Application users or others.

Support of the Application

Support for the Application is provided by Touch Media only to official stable releases of operating systems and official firmware updates. Community-based firmware and its modifications can lead to unusable software that might require manufacturer repair. Use these modifications at your own risk.

Technical support is provided during the whole subscription period from the moment of purchase via e-mails.

For frequently asked questions, please visit our htpps://www.route66navigation/#faq.

Changes to These Terms and Conditions

We may update our T&C from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new T&C on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our T&C, do not hesitate to contact us – hello@route66navigation.com.