Вы находитесь на странице: 1из 12

- End User License Agreement -

Effective Date: October 16, 2018

This End User License Agreement ("Agreement") is a legal agreement between you and Rosa Group,
including its affiliates, subsidiaries (collectively, “we”, “us” or “our”), governing your access to and
use of the mobile application named Rosa​ a​long with any revisions, updates and/or modifications
thereto (the “App”)​,​and any data, products, services and associated materials or media supplied with
the App (collectively, the “Services”).

NOTE THAT SECTION 15 OF THIS AGREEMENT CONTAINS A MANDATORY


ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF
CERTAIN DISPUTES.

BY CLICKING “ACCEPT” OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO


BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT,
INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION
WAIVER IN SECTION 15, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE
SERVICES FOR ANY PURPOSE.

1. Privacy.

To learn about how we collect, use, and disclose information about you, please review our ​Privacy
Policy.

2. Eligibility.

The Services are not targeted toward or intended for use by anyone under the age of eighteen (18). If
you are under eighteen (18) years of age, your parent or guardian must agree to this agreement (both
for themselves and on your behalf) before you can use the Services. By using the Services, you
represent and warrant that you (a) are eighteen (18) years of age or older, (b) have not been previously
suspended or removed from the Services, or engaged in any activity that could result in suspension or
removal from the Services, and (c) have full power and authority to enter into this Agreement and in
so doing will not violate any other agreement to which you are a party.

3. Registration, Account and Communication Preferences.

To access and use certain areas or features of the Services, you may need to register for an account.
By creating an account, you agree to (a) provide accurate, current and complete account information,
(b) maintain and promptly update, as necessary, your account information, (c) maintain the security of
your account credentials, (d) be responsible for the acts or omissions of any third party who has
authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or
otherwise suspect any security breaches related to the Services or your account.
By creating an account, you also consent to receive electronic communications from us (​e.g., via
email, text message or by posting notices to the Services) about password changes and other
transactional and account information. You agree that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal notice requirements,
including, but not limited to, that such notices be in writing. You should maintain copies of electronic
communications from us by printing a paper copy or saving an electronic copy. We may also send you
promotional communications via email, including, but not limited to, newsletters, special offers,
surveys and other news and information we think will be of interest to you. You may opt out of
receiving these promotional emails at any time by sending an email to hyy19990808@gmail.com.

4. Terms of Sale

4.1. Continuous ​Subscriptions​. WHEN YOU REGISTER FOR OUR PREMIUM


SERVICE SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT (A) WE ARE (OR OUR THIRD PARTY PAYMENT PROCESSOR IS)
AUTHORIZED TO CHARGE YOU ON A YEARLY BASIS FOR YOUR
SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER
CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B)
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE
SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN
ACCORDANCE WITH THIS AGREEMENT.

4.2. Cancellation ​and Refund ​Policy​. YOU MAY CANCEL YOUR SUBSCRIPTION AT
ANY TIME BY CANCEL SUBSCRIPTION FROM GOOGLE PLAY OR APPLE
CONTACTING ​CUSTOMER SUPPORT​.

4.3. Payment and Billing Information​. By providing a credit card or other payment
method that we accept, you represent and warrant that you are authorized to use the
designated payment method and that you authorize us (or our third-party payment
processor) to charge your payment method for the total amount of your subscription or
other purchase (including any applicable taxes and other charges) (collectively, as
applicable, an “Order”). If the payment method cannot be verified, is invalid or is
otherwise not acceptable, your Order may be suspended or cancelled. You must resolve
any payment method problems before we proceed with your Order. If you want to
change or update your payment method information, you can do so at any time by
logging into your account.

You acknowledge that the amount billed may vary due to promotional offers, preferences
you select, changes you make to your subscription or changes in applicable taxes or other
charges, and you authorize us (or our third party-payment processor) to charge your payment
method for the corresponding amount.

4.4. Pricing. All prices are shown in U.S. dollars and applicable taxes and other charges, if
any, are additional. We reserve the right to adjust prices as we may determine in our
sole discretion, at any time and without notice; provided, however, that if we change the
amounts or other charges associated with our various subscription plans, we will
provide advance notice of such changes in accordance with Section 3. We will not,
however, be able to notify you of changes in any applicable taxes.

4.5. Taxes​. We will collect applicable sales tax on Services for which we determine we
have a duty to collect sales tax. If any of our Services are subject to sales tax, you agree
that the amount of taxes shown at checkout may be adjusted. Several factors may cause
this, such as variances between processor programs and changes in tax rates.

4.6. Free Trials​. From time to time, to the extent legally permitted, we may offer free trials
of certain subscriptions for specified periods of time without payment. If we offer you a
free trial, the specific terms of your free trial will be provided in the marketing materials
describing the particular trial or at registration. Free trials are limited to one (1) per
household.

ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD-PARTY PAYMENT


PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT
METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY
APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR
SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION
PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR
CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTIONS 4.1 AND
4.2 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM
US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF
YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY
OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN
OUR SOLE DISCRETION.

5. User Supplied Material.

Our Services may allow you to upload, store and share content, including messages, text, photos,
videos and other materials (collectively, "Your Content"). Except for the license you grant below, as
between you and us, you retain all rights in and to your User Content.

You hereby grant us a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display
your User Content in all media formats and channels now known or later developed without
compensation to you.

If you supply or transmit any User Content via the Services, you represent and warrant to us that you
have the legal right necessary to grant us the license described above, and that such material will not
violate any law or the rights of any person or entity (including, without limitation copyright,
trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

Any User Content posted publicly or sent privately is the sole responsibility of the person that
submitted it. Although we reserve the right to review or remove all User Content on the Services, we
do not necessarily review all of it. As such, we do not take responsibility for any User Content
provided through the Services.

6. Appropriate Use of the Services.

You agree to use the Services in accordance with all applicable local, state, national and foreign laws,
treaties and regulations. You will not violate any contract, intellectual property or other third-party
right or commit a tort, and you are solely responsible for your conduct while accessing or using our
Services.

In addition, without limitation, you will not, directly or indirectly, do any of the following while using
or accessing the Services:

· ​Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

· ​Use or attempt to use another User’s Account without authorization from that User and
us;

· ​Use our Services in any manner that could interfere with, disrupt, negatively affect or
inhibit other Users from fully enjoying our Services or that could damage, disable,
overburden or impair the functioning of our Services in any manner;

· ​Reverse engineer any aspect of our Services or do anything that might discover source
code or bypass or circumvent measures employed to prevent or limit access to any part of
our Services;

· ​Attempt to circumvent any content-filtering techniques we employ or attempt to access


any feature or area of our Services that you are not authorized to access;

· ​Develop or use any third-party applications that interact with our Services without our
prior written consent, including any scripts designed to scrape or extract data from our
Services;

· ​Use our Services for any illegal or unauthorized purpose, or engage in, encourage or
promote any activity that violates this Agreement.

You may also only upload or otherwise share User Content that you have all necessary rights to
disclose. You may not upload, store or share any User Content that:
· ​is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive,
harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or
fraudulent;

· ​would constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party or otherwise create liability or violate any local, state, national or
international law;

· ​may infringe any patent, trademark, trade secret, copyright or other intellectual or
proprietary right of any party;
· ​contains or depicts any statements, remarks or claims that do not reflect your honest
views and experiences;

· ​impersonates, or misrepresents your affiliation with, any person or entity;

· ​contains any private or personal information of a third party without such third party’s
consent;

· ​contains any viruses, corrupted data or other harmful, disruptive or destructive files or
content; or

· ​is, in our sole judgment, objectionable or that restricts or inhibits any other person from
using or enjoying our Services, or that may expose we or others to any harm or liability of
any type.

In addition, although we have no obligation to screen or monitor User Content, we may delete or
remove User Content at any time and for any reason.
7. Intellectual Property; Limited License.

The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade
names, service marks, logos, slogans and other content contained therein (collectively, the “Our
Content”) are owned by or licensed to us and are protected under both United States and foreign laws.
Except as explicitly stated in this Agreement, we and our licensors reserve all rights in and to our
Services and Our Content.

We hereby grant you a limited, revocable, non-transferable, non-exclusive and non-sublicensable


license to access and use the Services and Our Content; ​provided, however, that such license is subject
to this Agreement and does not include any right to (a) sell, resell our Services and Our Content; (b)
copy, reproduce, distribute, publicly perform or publicly display Our Content, except as expressly
permitted by us or our licensors; (c) modify Our Content, remove any proprietary rights notices or
markings, or otherwise make any derivative uses of our Services and Our Content; (d) use any data
mining, robots or similar data gathering or extraction methods; and (e) use our Services and Our
Content other than for their intended purposes. Any use of our Services and Our Content other than as
specifically authorized herein, without our prior written permission, is strictly prohibited and will
terminate the license granted herein.

8. Termination; Cancellation.

We may change the Services, and Our Content at any time. We may discontinue offering our Services,
and we may suspend or terminate your right to use our Services at any time, in the event that you
breach this Agreement, for any other reason, or for no reason at all, in our sole discretion, and without
prior notice to you.

All licenses and other rights granted to you by this Agreement will immediately terminate upon
termination of your right to use our Services or our termination of the Services. This Agreement will
survive and continue to apply after any suspension, termination, or cancellation, except that your
access rights and other rights as a user will be suspended, terminated or cancelled, respectively.
9. Links to Third Parties.

The Services may contain links to websites, applications or other products or services operated by
other companies ("Third Party Services"). We do not endorse, monitor, have any control over or be
responsible for these Third Party Services, which may have separate terms of use and privacy policies.
Your dealings with any third parties or advertisers found on or accessible through the Services are
solely between you and such third party and at your own risk for which we shall be have no
responsibility. If there is a dispute between you and any such third party, you understand and agree
that we shall be under no obligation to become involved. Your use of Third Party Services is at your
own risk, and we and our affiliates will not be liable for any of losses arising out of or relating to
Third Party Services.

10. Copyright​ ​Complaints.

We have a policy of limiting access to our Services and terminating the accounts of users who infringe
the intellectual property rights of others. If you believe that your work has been improperly copied and
posted on the Services, such that it constitutes infringement, you may notify us by sending emails to
hyy19990808@gmail.com​.

Please see ​17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if
you knowingly misrepresent that any activity or material on our Services is infringing, you may be
liable to us for certain costs and damages.

11. Disclaimer of Warranties.

WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT


RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND
WE ARE NOT A PARTY TO INTERACTIONS, AND ARE NOT RESPONSIBLE FOR
INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE.

YOUR USE OF THE SERVICES AND OUR CONTENT IS AT YOUR SOLE DISCRETION AND
RISK. THE SERVICES AND OUR CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES


OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND
OUR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF
PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE


SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE
SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OUR CONTENT OR ITS
APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES
WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY
WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME
JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT
IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH
YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.

12. Limitation of Liability.

IN NO EVENT WILL WE, OUR LICENSORS, AFFILIATES, AND OUR RESPECTIVE


OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND
REPRESENTATIVES, (COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER
DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF
DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION
OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE
ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY
DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THE SERVICES, OR OUR CONTENT, WHETHER THE DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES IN ADVANCE.

IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS AGREEMENT,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF
THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE
CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT,
OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID
US TO ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE-MONTH PERIOD,
OR (II) $50.

SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS,


SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT
WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW.

13. Indemnification​.

You will indemnify, defend, and hold harmless Our Parties from and against any and all claims,
causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to,
reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

13.1. your access to or use of the Services, or Our Content;


13.2. your User Content;

13.3. your violation of any of the provisions of this Agreement;

13.4. any activity related to your registration by you or any other person accessing the
Services through your account, including, without limitation, negligent or wrongful conduct;

13.5. your conduct in connection with our Services; or

13.6. your violation of any third party right, including, without limitation, any intellectual
property right, publicity, confidentiality, property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate with us in asserting
any available defenses.

14. Release.

To the fullest extent permitted by applicable law, you release us and Our Parties from responsibility,
liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known
and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes
between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT,
YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §
1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD
OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE
CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE
TIME OF AGREEING TO THIS RELEASE.

15. Dispute Resolution; Binding Arbitration.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO


ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM US.

15.1. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively,
“Disputes”) arising out of or related to a violation of Section 6 or Disputes in which either party seeks
to bring an individual action in small claims court or seeks injunctive or other equitable relief for the
alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks,
trade names, logos, trade secrets or patents, you and we agree (a) to waive your and our respective
rights to have any and all Disputes arising from or related to this Agreement, or the Services, resolved
in a court, and (b) to waive your and our respective rights to a jury trial. Instead, you and we agree to
arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more
persons charged with reviewing the Dispute and making a final and binding determination to resolve it
instead of having the Dispute decided by a judge or jury in court).
15.2. No Class Arbitrations, Class Actions or Representative Actions

You and we agree that any Dispute arising out of or related to this Agreement or the Services is
personal to you and us, and that such Dispute will be resolved solely through individual arbitration
and will not be brought as a class arbitration, class action or any other type of representative
proceeding. You and we agree that there will be no class arbitration or arbitration in which an
individual attempt to resolve a Dispute as a representative of another individual or group of
individuals. Further, you and we agree that a Dispute cannot be brought as a class or other type of
representative action, whether within or outside of arbitration, or on behalf of any other individual or
group of individuals. The arbitrator does not have the power to vary these class action waiver
provisions.

15.3. Federal Arbitration Act

You and we agree that this Agreement affects interstate commerce and that the enforceability of this
Section 15 shall be both substantively and procedurally governed by and construed and enforced in
accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent
permitted by applicable law.

15.4. Notice; Informal Dispute Resolution

You and we agree that each party will notify the other party in writing of any arbitrable or small
claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith
to resolve the Dispute informally. Notice to us shall be sent to hyy19990808@gmail.com. Your notice
must include (a) your name, postal address, telephone number, the email address you use or used for
your account and, if different, an email address at which you can be contacted, (b) a description in
reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking.
Our notice to you will be sent electronically in accordance with Section 3, and will include (x) our
name, postal address, telephone number and an email address at which we can be contacted with
respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and
(z) the specific relief that we are seeking. If you and we cannot agree how to resolve the Dispute
within thirty (30) days after the date notice is received by the applicable party, then either you or we
may, as appropriate and in accordance with this Section 15, commence an arbitration proceeding or, to
the extent specifically provided for in Section 15.1, file a claim in court.

15.5. Process

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 6


OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN
SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR
THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT
LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS
OR PATENTS, YOU AND WE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR
FILED BY YOU OR US WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE,
OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS
THAT YOU AND WE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM
REGARDING THE DISPUTE). You and we agree that (a) any arbitration will occur in the State of
California, Santa Clara County, or in the county in which you reside, (b) arbitration will be conducted
confidentially by a single arbitrator in accordance with the rules of the American Arbitration
Association (“AAA”) under its rules for consumer arbitrations (“AAA Rules”), which are hereby
incorporated by reference, and (c) that the state or federal courts of the State of California and the
United States, respectively, sitting in the State of California, Santa Clara County, have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a
Dispute in the small claims court located in the county of your billing address if the Dispute meets the
requirements to be heard in small claims court.

15.6. Authority of Arbitrator

As limited by the FAA, this Agreement and the applicable AAA Rules, the arbitrator will have (a) the
exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a
Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant
any remedy that would otherwise be available in court; provided, however, that the arbitrator does not
have the authority to conduct a class arbitration or a representative action, which is prohibited by this
Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more
than one individual’s claims, preside over any type of class or representative proceeding or preside
over any proceeding involving more than one individual. Notwithstanding any other provision of this
Section 15, any and all issues relating to the scope, interpretation and enforceability of the class action
waiver provisions contained in this Section 15, are to be decided only by a court of competent
jurisdiction, and not by the arbitrator.

15.7. AAA Rules

The AAA Rules and additional information about AAA are available on the AAA ​website​. By
agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and
understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that
the AAA Rules are unfair or should not apply for any reason.

15.8. Severability

If any term, clause or provision of this Section 15 is held invalid or unenforceable, it will be so held to
the minimum extent required by law, and all other terms, clauses and provisions of this Section 15
will remain valid and enforceable. Further, the waivers set forth in Section 15.2 are severable from the
other provisions of this Agreement and will remain valid and enforceable, except as prohibited by
applicable law.

16. Governing Law; Venue.

This Agreement and our relationship with you will be governed by the laws of the State of California,
excluding its choice of laws rules. You and we each irrevocably agrees that any Dispute between the
parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on
an individual basis exclusively in the U.S. District Court for the Northern District of California, or the
state courts located in Santa Clara County, California. You and we each irrevocably consents to the
personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction
by these courts and to this venue. Notwithstanding the foregoing, however, you and we agree that we
may commence and maintain an action or proceeding seeking injunctive or other equitable relief in
any court of competent jurisdiction. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ intentions as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect.

17. General Terms.

17.1. Severability​: If any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions, which shall remain in full force and effect.

17.2. Waiver​: A provision of this Agreement may be waived only by a written instrument
executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of such right or provision.

17.3. Independent Contractor​: You agree that no joint venture, partnership, employment, or
agency relationship exists between you and us as a result of this Agreement or use of the Services.

17.4. Entire Agreement​: This Agreement (including the Apple Device Additional Terms
which apply to users of our iOS App) constitutes the entire agreement between you and us relating
to your access to and use of the Services.

17.5. Headings: The heading references herein are for convenience purposes only, do not
constitute a part of this Agreement, and shall not be deemed to limit or affect any of the
provisions hereof.

18. Questions and Comments.

If you have other question or suggestion concerning the Services or this Agreement, please contact us
via hyy19990808@gmail.com​.
APPLE DEVICE ADDITIONAL TERMS

If you access an App via a mobile device or tablet branded by Apple, Inc. (“​Apple​”) and
running Apple’s iOS (an “​Apple Device​”), the following terms (“​Apple Device Additional
Terms​”) are hereby made part of this Agreement:

● ​ onflicting Terms. ​If these Apple Device Additional Terms conflict with any
C
other provision of this Agreement, then the Apple Device Additional Terms shall
control with respect to access and use of the Services via an Apple Device.
● ​Agreement with Us, Not Apple. ​You acknowledge that this Agreement is an
agreement between we and you, and not with Apple. We, not Apple, is solely
responsible for any App you access via your Apple Device (“​iOS App​”) and the
content thereof. If this Agreement is less restrictive with respect to an iOS App or
otherwise conflict with, the Apple App Store Terms of Service (the “​App Store
Terms of Service​”), the App Store Terms of Service shall apply to the extent of
any conflict.
● ​Scope of License. ​The license granted to use an iOS App is limited to a
non-transferable license to use the App on an Apple Device that you own or
control and as permitted by the usage rules set forth in the App Store Terms of
Service.
● ​Maintenance and Support. ​You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to any
iOS App. If we decide (in our sole discretion) to provide support and maintenance
services for an iOS App, we are solely responsible for providing such services.
● ​Warranty. ​In the event of any failure of the an iOS App to conform to any
applicable warranty provided by us in this Agreement, you may notify Apple and
Apple will refund the purchase price for the iOS App (if any) and, to the maximum
extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the iOS App and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty
is our sole responsibility. Notwithstanding the foregoing, we are not obligated to
provide any warranty with respect to an iOS App and you acknowledge and agree
that this paragraph will not have any effect on the warranty disclaimers provided
in this Agreement.
● ​Product Claims. ​You hereby acknowledge that we, not Apple, is responsible for
addressing your or any third-party claims relating to an iOS App and/or use of an
iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that
an iOS App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation. Note that,
pursuant to the limitation of liability provision set forth in this Agreement, this
Agreement will not limit our liability beyond what is permitted by applicable law.
● ​Intellectual Property Rights. ​You acknowledge that, in the event of any
third-party claim that an iOS or your possession and use (in accordance with this
Agreement) of an iOS App infringes that third party’s intellectual property rights,
we, not Apple, is solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim.
● ​Legal Compliance. ​You represent and warrant that (i) you are not located in a
country that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” country; and (ii)
you are not listed on any U.S. Government list of prohibited or restricted parties.
● ​Third-Party Beneficiary. ​You hereby acknowledge and agree that Apple, and
Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect
to any iOS App, and that, upon your acceptance of this Agreement, Apple has the
right (and deemed to have accepted the right) to enforce this Agreement against
you with respect to the iOS App as a third-party beneficiary thereof.
● ​Questions or Complaints. ​Please address your questions, complaints or
claims with respect to an iOS App to us at the contact information herein.

Вам также может понравиться