VOOV MEETING SERVICE AGREEMENT
Last Updated: [July 17, 2020]
PLEASE READ THESE TERMS CAREFULLY
BY USING THE APPLICATION AND/OR SERVICES YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS VOOV MEETING SERVICE AGREEMENT (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION and/or the Services.
WHO WE ARE AND WHAT THESE TERMS DO
Any reference to “we”, “us” or “Service Provider” in these Terms is a reference to First App Holdings Limited.
These Terms govern your use of the following application and services:
THESE TERMS APPLY TO YOU IF YOU ARE A USER OF THE APPLICATION AND/OR SERVICES, EXCEPT IF THE JURISDICTION IDENTIFIED BY AND APPLICABLE TO YOU IS LISTED IN THE BELOW CHART. IF YOUR APPLICABLE JURISDICTION BELONGS TO ANY OF THESE CATEGORIES IN THE BELOW CHART, PLEASE REFER TO THE TERMS THAT APPLY TO YOU VIA THE CORRESPONDING LINK LISTED BELOW.
Applicable VooV Meeting Service Agreement
The People’s Republic of China (solely for purposes hereof, excluding Hong Kong, Macau and Taiwan)
The European Economic Area and the United Kingdom
VooV Meeting Service Agreement (European Economic Area, and the United Kingdom Users)
Certain portions of the Services are limited to users who pay for the corresponding Services. For terms and conditions applicable to the paid “Professional Edition” of the Services, please refer to the Supplementary Terms on VooV Meeting Professional Edition Service, which are hereby incorporated into these Terms by reference.
You may have access to certain Services available to you as an authorized user of a business, company, corporate or other organizational group (each referred to as an “Organization”). You acknowledge and agree that if you are authorized or otherwise have access to the Services available to such Organization, your access to such Services may be subject to a separate agreement between Service Provider and the applicable Organization of the Services (“Subscription Agreement”). In the event of a conflict between these Terms and a Subscription Agreement, the terms of the Subscription Agreement will prevail and control with respect to your use of the Services as an authorized user of the applicable Organization.
If there are separate supplemental terms for the jurisdiction applicable to your access or use of the Application or Services, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Additional Terms – Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of the Additional Terms – Jurisdiction-Specific section that are relevant to your jurisdiction for your access or use the Application or Services, and the rest of these Terms, the relevant jurisdictions’ Additional Terms – Jurisdiction-Specific section will supersede and control. Access to the Application or Services from jurisdictions where the content or practices of the Application or Services are illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not access or use our Application or Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN SUCH ARBITRATION CLAUSE, YOU AND SERVICE PROVIDER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SERVICE PROVIDER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. YOU MUST BE OF A CERTAIN AGE TO ACCEPT THESE TERMS AND USE THE APPLICATION OR SERVICES
1.1 You are required to create an account (an “Account”) to access and use the Application and/or Services.
1.3 If you are of the Minimum Age or over, but under the minimum legal age to enter into a contract in your jurisdiction, you must review these Terms with your parent or legal guardian to ensure that they read and agree to these Terms on your behalf. If you are the parent or legal guardian of a user of our Application and Services and you have questions about these Terms, please contact us at DPO@voovmeeting.com.
1.4 By creating an Account or otherwise using the Application or Services, you represent that you are of minimum legal age in your jurisdiction to agree to these Terms, or that you are over the Minimum Age and your parents or legal guardian have read and agreed to these Terms on your behalf, and you understand and agree that we are relying upon that representation in allowing you to use the Application and Services.
2.1 The Services hereunder include the VooV Meeting Service, and any other services to be provided by us from time to time via the Application.
· “VooV Meeting Service” refers to the service that enables a host to schedule, start meetings, live streams (where that option is available), and/or to allow participants to join the meetings and/or live streams for the purpose of collaborating using instant messaging, voice, video, live video and screen sharing functionality, meeting management, etc. via the Application.
2.2 We reserve the right to set and amend maximum limits on the number of permitted attendees and live streaming hosts for any meeting organized using the VooV Meeting Service, at any time and in our sole discretion.
3. YOUR ACCOUNT
3.1 Account Types. There are two Account types: (i) Admin Account; and (ii) End User Account.
3.2 In respect to the authorized users of an Organization, the Account types can be either an Admin Account if the user is an “Admin User” (defined below) or an End User Account if the user is an “End User” (defined below).
3.3 For End Users who create an Account to use the Services for their own benefit, there is only one Account type: the End User Account.
3.4 For the purposes of the Account types, an:
a. “Admin User”, means an individual who is authorized and designated by such Organization to operate and administer an Admin Account for the Organization, and an Organization may authorize and designate more than one individual to create and maintain separate Admin Accounts for that Organization. The Admin User may use the Services to manage End Users and customize Account settings in accordance with the needs of the Organization; and
b. “End User”, means either:
i. in respect of an Organization, an individual user who belongs to that Organization and is invited by an Admin User of that Organization, via the individual’s mobile number or any applicable third party platform account where that option is available, to create an End User Account to use the Services in relation to that Organization; or
ii. in respect to individuals who do not belong to an Organization and who are not invited by an Admin User of an Organization to create an Admin Account or an End User Account to use the Services, an user who creates an Account to use the Services for their own benefit.
3.5 Creating your Account. You may create an Account by selecting a user identity (“User ID”). Alternatively, you may register for an Account through a third party platform account where that option is available (e.g. through your WeChat, Google or Apple account). When creating an Account, you agree: (i) to provide true, accurate, current and complete information as requested (the “Account Information”); (ii) to promptly maintain and update such User ID and your Account Information (as applicable) to keep it true, accurate, current and complete at all times; and (iii) in respect to the authorized users of an Organization, that you are authorized by the Organization that you represent to create the Admin Account or End User Account (as the case may be). If the Account Information you provided is untrue, inaccurate, misleading or outdated, we have the right to suspend or terminate your access to, or use of, your Account. If you create a new Admin Account as an Admin User acting on behalf of an Organization, you confirm that you have the full authority to do so on behalf of your Organization, and that these Terms will also be binding upon the Organization that you represent.
3.6 Restrictions may apply to guest Account. If the Account you registered is a guest Account, certain functions and services may be restricted compared to functions that are available to a full Account. You agree to provide true information (such as your mobile phone number) as requested by us in order to create a guest Account.
3.7 You shall be solely responsible for your Account and User ID.
a. You, as the creator of your Account and User ID, are solely responsible for your Account and User ID. You are not permitted to create offensive or obscene User IDs, as determined by us in our sole discretion. If an Account violates any part of these Terms, we may immediately, temporarily, or permanently ban such an Account or change the User ID associated with such Account, with or without notice.
b. Please note that you are responsible for maintaining the confidentiality and security of your Account and password at all times, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. To the maximum extent permitted by applicable law, you will be deemed as the person who uses the Account, and any acts made by the Account will be deemed as your acts. You are solely responsible for all activities and transactions that occur under your Account no matter who actually uses the Account, and we are not responsible for any misuse or use of your Account, including without limitation in the event that your password is stolen or revealed to a third party and/or used for transactions. You agree to immediately notify us of any misuse of your Account or any other breach of security in relation to the Application or the Service known to you. You agree to accept all risks of misuse of and unauthorized access to your Account and to hold us and our affiliates harmless from and against any misuse of your Account or your User ID, including, but not limited to, improper or unauthorized use by someone to whom you revealed your password.
3.8 Your Account may be suspended or terminated.
a. Please note that regardless of any notice, we reserve the right to discontinue the Application or to terminate or suspend your Account or to remove, modify, adapt or update any Service (subject to these Terms) at any time in our sole discretion, for any reason.
3.9 Retrieve your Account. If you request to retrieve your Account when your access to the Application is denied due to the loss of Account Information or forgotten password, you are required to provide certain information and verification documentation according to the account retrieval process published by Service Provider officially, and to ensure that all such information and documentation is legitimate, truthful and valid. Your Account may not be retrieved if the information or documentation provided by you fails Service Provider’s security verification, and you are solely liable for any and all risks and losses arising therefrom.
3.10 We have no obligation to retrieve Accounts created via third party platform accounts or for such third party accounts. You acknowledge and agree that if your Account is not directly registered and created via the Application and instead you register for an Account through a third party platform account (e.g., through your WeChat, Google or Apple account), then the applicable third party who owns the platform for the account through which you register (e.g. the relevant entity providing the WeChat, Google or Apple account service) is responsible for that account and the information associated with that account, including the user ID or password used to create an Account. We have no obligation to retrieve such account or the information associated with that account, including the user ID or password used to create an Account or otherwise provide services in connection with such account or user ID. All the matters relating to such third party account and user ID shall be resolved by you and the applicable third party, provided that you shall inform us in the event that the account or the information, including the user ID or password used to create an Account, is stolen or otherwise not used in an ordinary course.
4. YOUR OBLIGATIONS
4.1 You may receive messages and announcements. You understand and agree that the Application and Services may include service announcements and administrative messages and you may not have the right to opt out of receiving these non-marketing announcements and messages.
4.2 You are responsible for your own device.
a. You are required to provide your own mobile phone device, tablet device, computer, network equipment and/or network resources for use of the Application and Services, and to pay for all fees incurred as a result of having access to the Internet or cellular network. You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
b. If you download the Application onto any 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 device.
4.3 You are required to comply with the following restrictions when using the Application and Services. You:
a. shall only use the live streaming or video function for the purposes of hosting and participating in meetings and conferences;
b. shall not use the Application or Services for any illegal purposes;
c. shall not modify, reverse engineer, decompile, disassemble, copy, or distribute the Application and any elements or software embedded therein;
d. shall not take any acts which are out of the ordinary course (including, without limitation, damaging, attacking or overloading the servers) that may affect the provision of the Services;
e. shall not use the Application and/or Services by using or with the assistance of third-party software not approved by us;
f. shall not log in the Application by unusual methods (including, without limitation, by third-party software or systems not developed, authorized or approved by us), use a plug-in or robot program to maliciously disrupt service facilities and disturb ordinary service orders;
g. shall not attack or attempt to attack the servers, routers, switches and other devices providing the Application and/or Services in any manner;
h. shall not use the technical defects or bugs in the Application or Services to benefit yourself and/or others in any manner or engage in any other misconduct;
i. shall not, without written consent from us, use any Intellectual Property Rights (as defined below) of Service Provider to create or provide the same or similar services, such as emulation servers, private servers, etc.;
j. shall not take any acts that may interfere with the use of Application and Services in an ordinary manner;
k. shall not use the Application or Services to transmit any “mailbombs” (i.e., sending copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), or to transmit or stream any content (including any live video), that is or could be construed as harassment, spam, defamatory, insulting, intimidating, vulgar, obscene, pornographic, fraudulent or any content that is illegal to transmit or stream;
l. shall not gain, or attempt to gain, unauthorized access or control of any other person’s meeting or live stream via the Application or Services;
m. shall not use the Services to transmit any “bulk messaging” (i.e. sending messages for business or other commercial purposes) without written permission of Service Provider;
n. shall defer to the customer service and other communication channels designated by us in regard to any consultation or questions regarding the Application and Services;
o. shall not use any robot, spider, crawler, off-line reader, or other automatic device, process, software or query that intercepts, “mines,” scrapes, copies or otherwise accesses the Application or Services to monitor, extract, copy or collect information or data from or through the Application or Services, or engage in any manual process to do the same;
p. shall not upload or introduce any viruses, Trojan horses, malicious code, worms, logic bombs or other material which is malicious or technologically harmful into the Application or Services or onto our systems or the systems of other users of the Application or Services;
q. shall not make profit by using the Application and Services; and
r. shall access the Application and Services using legal and authorized Internet access.
4.4 If you are aware of any illegal use of your Account or any Account security issues, please notify us immediately.
4.5 You shall not circumvent our technical measures.
a. We may take technical measures in the Application and Services to prevent unauthorized use of the Application and Services and to prevent any violation of these Terms. You acknowledge and agree that you will not seek to circumvent such technical precautions in any manner.
b. You must ensure that your device meets the requirements for the installation and use of the Application and Services. The installation of the Application may disable other software or program running on your device. Your failure to install the Application or any updates in accordance with our installation instructions may result in dysfunction of the Application and Services in whole or in part.
4.7 No emergency call function available. Neither the Application nor the Services are intended to replace traditional mobile or fixed line telephones, or carry emergency calls. You must make alternative arrangements to make emergency calls.
5. LIMITED RIGHT TO USE THE APPLICATION AND SERVICES
5.1 How you may use the Application and Services.
a. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferrable and non-sub-licensable right and license to:
i. download a copy of the Application onto your device(s), and use the Application and/or Services for your personal purposes only (or for your Organization’s purposes if you are allowed to use the Application and/or Services as an authorized user of such Organization via a Subscription Agreement);
ii. receive and use any update of the Application incorporating “patches” and corrections of errors as we may provide to you; and
iii. use the Services we provide in connection with your permitted use of the Application.
b. Rights granted to you hereunder are revocable. Any use of the Service and/or Application other than as specifically authorized herein, without prior written permission from us is strictly prohibited and will, at our election, terminate the rights granted to you by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to or rights in Intellectual Property Rights, whether by estoppel, implication or otherwise. This license is revocable at any time with or without cause.
c. You may not transfer the Application to someone else. We are giving you personally the right to use the Application as set out above. You may not otherwise transfer or make available the Application to someone else, whether for money, for any other forms of consideration or for free. If you sell or gift any device on which the Application is installed, you must first remove the Application from the device.
5.2 Acceptable use restrictions.
Except as expressly permitted in these Terms or expressly agreed by us in writing in advance, you agree that you will:
a. not reproduce, modify, adapt, alter, enhance, distribute, publicly display, retransmit, resell or sublicense the Application;
b. not use any data mining, robots or similar data gathering or extraction methods;
c. not infringe our Intellectual Property Rights or those of any third party in relation to your use of the Application or Services;
d. not use the Application or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Application and Services;
e. not collect or harvest any information or data from the Application and/or Services or our systems or attempt to decipher any transmissions to or from the servers; and
f. not use the Application and/or Services other than for their intended purpose, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, BETWEEN YOU AND US, ALL INTELLECTUAL PROPERTY RIGHTS IN THE APPLICATION AND SERVICES THROUGHOUT THE WORLD BELONG TO US AND THE RIGHTS IN THE APPLICATION AND THE SERVICES ARE LICENSED (NOT SOLD) TO YOU. YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS IN, OR TO, THE APPLICATION AND SERVICES OTHER THAN THE RIGHT TO USE THEM IN ACCORDANCE WITH THESE TERMS. “Intellectual Property Rights” refer to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right.
6.2 We have the right to delete, alter, move, remove, or transfer any and all content of the Application and/or Services in whole or in part, at any time and for any reason or no reason, with or without notice to you, and with no liability of any kind to you, to the maximum extent permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your Account.
6.3 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us, to the maximum extent permitted by applicable law.
7.1 You may have the option of transmitting, streaming, broadcasting, posting, uploading or sharing files or content (including live video) as part of the Services (“User Content”). You represent and warrant that you own, or have the right to use, the Intellectual Property Rights in any User Content, and that you have the right to grant the rights granted herein for such User Content.
7.3 Service Provider does not claim any ownership rights to User Content. You acknowledge and agree that Service Provider is not the source of, does not verify or endorse, and is not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risk associated with User Content and the transmission or other use of User Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content. By using the Application and Services, you agree that any User Content that you submit may be transmitted, streamed, broadcasted, posted, uploaded to or shared with the recipients of your communication and any participants of the meetings enabled by the Service to which such User Content is submitted.
· comply with legal process, applicable laws or government requests,
· enforce these Terms,
· respond to claims that any content violates the rights of third parties, or
· protect the rights, property, or personal safety of Service Provider, its users and/or the public.
7.5 With respect to your User Content, you agree to comply with the following, as well as any other guidelines or rules we may post from time to time. A failure to comply with the following or any other guidelines or rules we may publish from time to time constitutes a violation of the Terms.
a. You will not post, transmit, stream, broadcast, upload or share User Content that:
i. misrepresents or disparages us, the Application or our Services.
ii. others might find offensive or threatening.
iii. is, or could reasonably be interpreted as being, racist, sexist, homophobic or any other form of hate-speech.
iv. attacks or could reasonably be interpreted as attacking any person on the basis of their race, religion, sex, gender, sexual orientation, disability or age.
v. potentially breaches applicable laws and regulations, such as potentially libelous or defamatory content, or material posted in potential breach of copyright.
vi. is a falsehood or misrepresentation.
vii. impersonates another person.
viii. is an advertisement or solicitation of business.
b. You will:
i. not sell User Content to any third party without a right to do so.
7.6 We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein, we have no other obligations with respect to User Content except as required by law.
8. UNSOLICITED IDEAS
We value your feedback on the Application and Services, but PLEASE DO NOT SUBMIT ANY CREATIVE IDEAS, SUGGESTIONS OR MATERIALS TO US (collectively, “Unsolicited Ideas”). These Terms are aimed at avoiding potential misunderstandings or disputes when the Application and/or Services might seem similar to Unsolicited Ideas that people submit. If you submit Unsolicited Ideas to us, then you grant us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import your Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, industrial rights, and all other Intellectual Property Rights and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including giving the Unsolicited Ideas to others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. To the maximum extent permitted under applicable laws, you waive and agree not to assert any moral or similar rights you may have in Unsolicited Ideas. You also give up any claim that any use by us or our licensees of your Unsolicited Ideas violates any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set forth therein.
9.1 We reserve the right to interrupt the availability of the Application or Services or any part thereof from time to time on a regularly scheduled basis or otherwise with or without prior notice, including without limitation under the following circumstances:
a. maintenance and fixation of server, network, software and/or hardware which are necessary to provide the access of the Application and Services to you;
b. force majeure;
c. in accordance with the order of governmental authorities or other in-charge authorities; and
d. in order to comply with applicable laws.
9.2 You agree that we will not be liable for any interruption of the Application or Services or any part thereof, delay or failure to perform resulting from any causes whatsoever.
9.3 We have the right at any time with or without reason to change and/or eliminate any aspect(s) of the Application (or any part thereof) or Services (or any part thereof) as we see fit in our sole discretion.
10. SUSPENSION AND TERMINATION
10.1 We may end your rights to use the Application and/or Services if you do not comply with these Terms.
a. If you violate these Terms, we may at our option issue warnings, temporary suspensions or permanent terminations of Accounts. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be at our absolute discretion.
b. We may end your rights to use the Application and/or Services at any time by contacting you if you have breached these Terms. If your breach of the Terms can be cured, we may give you a reasonable opportunity to do so.
c. In the event your Account is terminated, you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before we may allow you to register again to use the Application or Services.
d. If we end your rights to use the Application or Services:
i. You must stop all activities authorized by these Terms, including your use of the Application and/or Services, as applicable.
ii. You must delete or remove the Application from all devices in your possession and immediately destroy all copies of the Application which you have (if any) and confirm to us that you have done so.
iii. To the extent permitted by applicable law, we may remotely access your devices and remove the Application from them and cease to provide you with access to the Application.
10.2 Termination of Subscription Agreement. If you use the Application and/or Services as an authorized user of an Organization, we may terminate your right to use the Application and/or Services in such manner if the applicable Subscription Agreement terminates.
10.3 We may terminate the Application or Services permanently.
a. We may end the Services and access to the Application permanently for all users. You understand and agree that we will not assume any obligations to you with respect to the Application and Services for such permanent termination.
b. You understand and agree that the Application and Services and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Application and Services will be terminated permanently.
10.4 Effect of termination. Termination of your Account also entails the termination of your access to the Application and Services.
11. EXPORT CONTROL
11.1 You agree not to engage in any activities in connection with these Terms that would breach sanctions or export control laws or risk placing Service Provider in breach of any sanctions or export control laws, or becoming a target of sanctions.
12. CHANGES TO THESE TERMS
12.1 We may need to change or update these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We may notify you when changes to these Terms occur, and will update the last updated date at the top of these Terms. TO THE EXTENT THAT IT IS LEGALLY PERMITTED ACCORDING TO THE LAW IN YOUR APPLICABLE JURISDICTION, YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES OR MODIFICATIONS.
12.2 IF YOU DO NOT ACCEPT THE CHANGES YOU SHOULD NOT CONTINUE TO USE THE APPLICATION OR SERVICES. BY CONTINUING TO USE THE APPLICATION AND SERVICES YOU AGREE TO USE OF THE APPLICATION AND SERVICES IN ACCORDANCE WITH THE UPDATED TERMS.
13. CHANGES TO THE APPLICATION AND/OR SERVICES
13.1 From time to time we may update or migrate the Application and/or Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. WE MAY ALSO ASK YOU AND YOU AGREE TO UPDATE THE APPLICATION OR MIGRATE TO A NEW APPLICATION FOR THESE REASONS.
13.2 If you choose not to install such updates or if you opt out of automatic updates or if you choose not to migrate to such new Application, you acknowledge and agree that you may not be able to continue using the Application and Services.
14. SUPPORT FOR THE APPLICATION AND HOW TO TELL US ABOUT PROBLEMS
14.1 Support. If you want to learn more about the Application or Services or have any problems using the Application or Services, please take a look at our support resources specified in the Schedule.
14.2 Contacting us (including complaints). If you think the Application or Services is faulty or inaccurately described or wish to contact us for any other reason, please contact our customer service team specified in the Schedule.
14.3 How we will communicate with you. If we have to contact you, we will do so using the contact details you have provided to us.
15. YOUR PRIVACY
15.2 Please be aware that Internet transmissions are never completely private or secure and that, despite our commercially reasonable efforts, any message or information you send using the Application or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
16. MONITORING & CIRCUMVENTION MEASURES
17.1 To the maximum extent permitted by applicable law, you agree that we may, either on our own or through a third party, send or display to you advertisements or other information (commercial or otherwise) by such means as SMS, e-mail or other electronic messaging, details of which (including without limitation the specific means to be adopted in sending or displaying such advertisements or information, and the frequency and contents of such advertising) will be determined by us.
17.2 We will carry out our advertising businesses in accordance with relevant laws and regulations. You agree that you shall exercise your judgement in a prudent matter in regard to the truthfulness and reliability of any advertising contained in the Application or Services, and shall be solely liable for any and all your activities arising out of such advertising unless otherwise expressly stipulated in applicable laws.
18. PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application and/or Services may also be controlled by the relevant platform provider’s rules and policies, or WeChat’s rules and policies if you registered your Account through WeChat. To the extent required by such rules and policies, those terms will prevail instead of these Terms where there are differences between the two. For details of the applicable platforms, please refer to the Schedule.
19. WARRANTIES, DAMAGES, LIMITATION OF LIABILITIES
19.1 Disclaimer of warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, TITLE AND NON-INFRINGEMENT AS TO THE APPLICATION AND SERVICES, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE APPLICATION AND SERVICES ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ANY ERRORS IN THE APPLICATION OR SERVICES WILL BE CORRECTED.
c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE APPLICATION AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE APPLICATION, SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TRANSMIT DATA IN A SECURE MANNER, OR FUNCTION PROPERLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION AND/OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. IMMEDIATELY DISCONTINUE USE OF THE APPLICATION AND SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE APPLICATION AND SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
e. REFERENCE TO ANY APPLICATION, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
19.2 Our responsibility for loss or damage suffered by you.
a. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
b. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
c. We are not liable for your damage that is avoidable. We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by your failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
d. We are not liable for business losses. If you use the Application or Services 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.
e. Limitations to the Application and Services. The Application and Services are provided for general information and entertainment purposes only. It does 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 Application or Services. Although we make reasonable efforts to update the information provided by the Application and Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
f. Check that the Application and Services are suitable for you. The Application and Services have not been developed to meet your individual requirements. Please check that the functions of the Application and Services meet your requirements.
g. We are not responsible for events outside our control. If we have to cancel or delay in providing the Application or Services to you by an event outside our control, then we will use commercially reasonable efforts to take steps to minimize the effect of the delay or cancellation, but you expressly acknowledge and agree that we have no obligation to you for such delay or cancellation.
a. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, IN NO EVENT SHALL WE, AND OUR DIRECTORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES OR AGENTS BE LIABLE FOR:
i. ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES; OR
ii. ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION:
A. LOSS OF USE;
B. LOSS OF PROFITS; OR
C. LOSS OF DATA,
WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
b. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), APPLICATION LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION AND/OR SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE THEREOF.
c. To the extent that applicable laws (including as set forth in the Additional Terms – Jurisdiction-Specific) do not allow or may limit the foregoing limitations of liability, such as liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation, or for any damage caused by our willful misconduct or gross negligence, these limitations may not apply to you or may be limited by applicable law. In such case you explicitly agree that our (or any such other released parties) liability to you shall apply to the maximum extent permitted by applicable laws.
19.4 Your responsibility for damages suffered by us or others. You agree to defend, indemnify and hold harmless us, our independent contractors, service providers and consultants, and their respective directors, employees, agents, partners, affiliates, and subsidiaries, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your violations of these Terms, any misuse of the Application or Services, or your violation of the rights of any third party.
20. GOVERNING LAWS AND DISPUTE RESOLUTION
These Terms are governed by the laws of Hong Kong (excluding its conflict of law rules). If a dispute, controversy or claim arising from or in connection with the Terms or your use of the Application or Services cannot be resolved within thirty (30) days following the commencement of consultation or mediation, then you or we shall submit the dispute for arbitration by the Hong Kong International Arbitration Centre (“HKIAC”). Except for the right of either you or us to apply to any court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, both you and we agree that any dispute, controversy or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be three. You and we shall each designate one arbitrator and the HKIAC Council shall appoint a person who is the third arbitrator to act as the presiding arbitrator of the arbitral tribunal. The arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding upon you and us.
21. LOCAL REGULATIONS
We make no representation that the Application or Services are available for use or permitted by law in any particular location. To the extent you choose to access the Application and/or Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
22. ADDITIONAL TERMS YOU NEED TO COMPLY WITH
23.1 Interpretation. In these Terms (except where the context otherwise requires): (a) words in the singular shall include the plural and in the plural shall include the singular; (b) any words following the terms “including”, “include”, “in particular”, “such as”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms; (c) unless otherwise stated, a reference to “writing” includes email; (d) a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); (e) the Schedule forms part of the Terms and shall have effect as if set out in full in the body of the Terms and any reference to these Terms includes the Schedule.
23.2 We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization, including in connection with a merger, sale, reorganization, asset sale, change of control, or similar transaction.
23.3 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 give our prior consent in writing.
23.4 No rights for third parties. A person other than you and us has no rights to rely on or enforce any term hereunder.
23.5 If a court finds part of the Terms 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 sections, paragraphs or provisions will remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid.
23.6 Even if we delay in enforcing the Terms, we can still enforce them later. Even if we delay in enforcing the Terms, we can still enforce them 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 the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23.7 Headings for reference only. Headings are for reference only and have no legal effect respecting the scope, meaning or intent of any of the articles of the Terms.
23.8 Prevailing Language. We may translate these Terms into other languages. Unless otherwise specified in the Additional Terms – Jurisdiction Specific section, the English language version of these Terms shall be controlling in all aspects and shall prevail in case of any inconsistency with any other language version (if any).
23.9 Entire Agreement. These Terms, together with any terms or document referenced or incorporated herein, constitute the whole legal agreement between you and us and govern your use of the Application and Services and supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, promises, assurances and arrangements of any nature whatsoever, whether or not in writing.
24. Additional Terms – Jurisdiction-Specific
United States Specific Terms.
If you are a user of our Application and/or Services in the United States, the below additional terms: (a) are incorporated into these Terms; (b) apply to your use of the Application and/or Services, and (c) supersede and control over any conflicts in the rest of the Terms to the extent of any inconsistency.
· Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, including any arbitration proceeding outlined below, are governed by California law.
· ARBITRATION AND CLASS ACTION WAIVER
o This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
o Arbitration Agreement. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Service Provider’s services and/or products, including the Application and/or Services, or relating in any way to the communications between you and Service Provider or any other user of the Application or Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Service Provider. However, this arbitration agreement does not (a) govern any Claim by Service Provider for infringement of its intellectual property or access to the Application or Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Application or Services by following the procedure described below.
o You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Service Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
o The arbitration will be administered by the American Arbitration Association (“AAA”) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Application or Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
o Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Application or Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
o The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
o If you do not want to arbitrate disputes with Service Provider and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of the date you access or use Application or the Services.
o CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
o If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Service Provider each waive any right to a jury trial.
· DMCA NOTICE
o If you are a copyright owner or an agent thereof and believe any content on the Application or Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to email@example.com containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where of the material that you claim is infringing is located on the Application or Services, (d) your address, telephone number, and email address, (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid
· California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Application or Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
· Exports. You agree that you will not export or re-export, directly or indirectly the Application, Services and/or other information or materials provided by Service Provider hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Application and Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
· U.S. Government Restricted Rights. The Application, Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
· Limitations of Liability. The laws of the State of New Jersey may limit the limitations of liability set forth in Section 19.3. In such case you explicitly agree that our (or any such other released parties’) liability to you shall apply to the maximum extent permitted by the laws of the State of New Jersey.”
1. SUPPORT FOR THE APPLICATION AND SERVICES AND HOW TO TELL US ABOUT PROBLEMS
· Support. If you want to learn more about the Application or Services or have any problems using it, please take a look at our support page or contact us via firstname.lastname@example.org.
· Contacting us (including with complaints). If you think the Application or Services is faulty or inaccurately described or wish to contact us for any other reason regarding the Application or Services, please email our customer service team at:
China Hong Kong +852 800-964-163 (Toll Free)
2. PLATFORM TERMS ALSO APPLY
The ways in which you can use the Application may also be controlled by the relevant platform provider’s rules and policies. To the extent required by such rules and policies, those terms will apply instead of these Terms where there are differences between the two.
iOS APP Store
Your use of the Application or Services made available as apps via the iOS App Store (“iOS Apps”) is subject to any policies promulgated by Apple, Inc. or its affiliates or subsidiaries (collectively, “Apple”) that apply to the use of such service, including the Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/.
You acknowledge that:
· to the extent any third party content is made available or accessible via the iOS Apps, the third party providing such content shall be solely responsible for such content;
· Service Provider may from time to time adjust your visibility, status or rank on iOS Apps in accordance with these Terms;
· Service Provider, not Apple, licenses or makes available the iOS Apps to you in accordance with these Terms and these Terms are between Service Provider and you, not Apple;
· the license granted to you in the iOS Apps is limited to a non-transferable license to use the iOS Apps on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such iOS Apps may be accessed and used by other accounts associated with the purchaser via iOS Family Sharing or volume purchasing;
· You and Service Provider acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Apps;
· you shall be solely responsible for ensuring you use any account that you use to log into the Application or Services in accordance with the policies applicable to such account;
· Apple Inc. and its affiliates are not responsible or liable to you for content made available through the Application or Services, and as between you and Apple, you, not Apple, are solely responsible for your use of the Application or Services and the content thereof;
· in the event of any failure of the iOS Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App(s) to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Apps, and as between Service Provider and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Service Provider’s responsibility;
· As between Service Provider and Apple, (A) Service Provider, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (B) in the event of any third party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, Service Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
· Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Apple Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Apple Media Services Terms and Conditions and any other policies made available by Apple Inc. or its affiliates from time to time in relation to use of the platform;
· Service Provider may be required to change the Application or Services, or these Terms, in order to comply with instructions of Apple. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes; and
· Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Your use of the Google Play Store is subject to any policies that apply to the use of such service, including the Google Play Terms of Service available at https://www.google.com/mobile/android/market-tos.html.
You acknowledge that:
· you are above the minimum age for your country specified in the Google Play Terms of Service;
· to the extent you are able to upload content or communications to the Application or Services, you must not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization;
· we may remove or block access to your Account if we suspect that you have breached these Terms or the Google Play Terms of Service;
· Service Provider, not Google Inc. nor any of its affiliates, licenses the Application or Services to you in accordance with these terms;
· you shall be solely responsible for ensuring you use any account that you use to log into the Application or Services in accordance with the policies applicable to such account;
· Google Inc. and its affiliates are not responsible or liable to you for content made available through the Application or Services;
· Service Provider does not grant you a right to use any intellectual property rights, including trademarks, of Google Inc. or its affiliates. Your use of such intellectual property rights is granted (if applicable) in accordance with the Google Play Terms of Service and any other policies made available by Google Inc. or its affiliates from time to time in relation to use of the platform; and
· Service Provider may be required to change the Application or Services, or these Terms, in order to comply with instructions of Google Inc. You agree that we are permitted to make such changes immediately and without notice and shall have no liability to you or others with respect to such changes.