Below is a summary of the How to Lose Weight Android App privacy policy. The full privacy policy is contained within the How to Lose Weight Android App ® EULA (End-User License Agreement), which is reproduced below. In the case where the summary and the EULA disagree, the EULA is the controlling document.
Privacy Policy Summary:
1. COLLECTION & TRANSMISSION OF GEOLOCATION INFORMATION. Friendz App Publishers and its subsidiaries and agents may collect your geolocation based information and transmit that information to third-party service providers. Geolocation includes data regarding your device’s geolocation, including but not limited to GPS-based, WiFi-based, or cell-based location information. The specific category of persons or entities referred to as “third-party service provider” consists of persons or entities that provide advertisements to you during your use of the How to Lose Weight Android App software. Friendz App Publishers does NOT store geolocation information. TO TURN OFF THE GEOLOCATION COLLECTION, PLEASE DO SO BY USING YOUR SETTINGS WITHIN YOUR DEVICE.
2. COLLECTION & TRANSMISSION OF PERSISTENT IDENTIFIERS. Friendz App Publishers and its subsidiaries and agents may collect your persistent identifiers, such as a customer number held in a “cookie,” a static Internet Protocol (“IP”) address, a mobile device ID, or processor serial number. Friendz App Publishers and its subsidiaries and agents may transmit that information to third-party services providers for the purpose of providing you better services in the form of advertisements displayed during your use of the app. Friendz App Publishers does NOT store this information.
3. CONSENT TO USE DATA. Friendz App Publishers and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Friendz App Publishers Software, and to verify compliance with the terms of the License. Friendz App Publishers may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
How To Lose Weight Android App EULA
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FRIENDZ APP PUBLISHERS
HOW TO LOSE WEIGHT ANDROID APP END-USER LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE FRIENDZ APP PUBLISHERS SOFTWARE. BY USING THE FRIENDZ APP PUBLISHERS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of noncopyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General.
(a) The Friendz App Publishers How To Lose Weight Android App software, content, documentation and any fonts included in the Software (collectively the " Friendz App Publishers Software") are licensed, not sold, to you by Friendz App Publishers for use only under the terms of this License. Friendz App Publishers licensors retain ownership of the Friendz App Publishers Software itself and
reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Friendz App Publishers that replace and/or supplement the original Friendz App Publishers Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will
govern.
(b) From time to time, Friendz App Publishers may release software updates to the version of Friendz App Publishers Software you originally purchased. Friendz App Publishers will provide you any such
updates that it may release up to, but not including, the next major release of the Friendz App Publishers Software, for free. For example, if you originally purchased version 1.X of the Friendz App Publishers Software, Friendz App Publishers would provide you for free any software updates it might release (e.g. version 1.2 or 1.3) up to, but not including, version 2.X of the Friendz App Publishers Software.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License and as permitted in the "Usage Rules" set forth in the Android Market Terms and Conditions, you are granted a limited non-transferable license to install and use the Friendz App Publishers Software on any Android-branded mobile device that you own or control. You may not distribute or make the Friendz App Publishers Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Friendz App Publishers Software.
(b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License and the "Usage Rules"), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Friendz App Publishers Software or any services provided by the Friendz App Publishers Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Friendz App Publishers Software). Any attempt to do so is a violation of the rights of Friendz App Publishers and its licensors of the Friendz App Publishers Software.
(c) The Friendz App Publishers Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by or accessed through the Friendz App Publishers Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. For example, any stock photographs, images, graphics, clipart, artwork or similar assets (“Digital Imagery”) that are provided by Friendz App Publishers and/or its licensors as part of the Friendz App Publishers Software or Services (including but not limited to any Digital Imagery contained within templates, themes or user guides and tutorials) may not be extracted and distributed, commercially or otherwise, on a standalone basis outside of the Friendz App Publishers Software.
(d) Any financial or health information displayed by the Friendz App Publishers Software is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial or medical advice. You are solely responsible for the financial or health decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial or medical professional as appropriate. Neither Friendz App Publishers nor any of its licensors guarantees the accuracy, completeness, or timeliness of financial or health information appearing within the Friendz App Publishers Software or that desired results will be obtained.
3. Privacy & Consent to Use of Data. You agree that Friendz App Publishers and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Friendz App Publishers Software, and to verify compliance with the terms of this License. Friendz App Publishers may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
COLLECTION & TRANSMISSION OF GEOLOCATION INFORMATION. Friendz App Publishers and its subsidiaries and agents may collect your geolocation based information and transmit that information to third-party service providers. Geolocation includes data regarding your device’s geolocation, including but not limited to GPS-based, WiFi-based, or cell-based location information. The specific category of persons or entities referred to as “third-party service provider” consists of persons or entities that provide advertisements to you during your use of the How To Lose Weight Android App software. Friendz App Publishers does NOT store geolocation information. TO TURN OFF THE GEOLOCATION COLLECTION, PLEASE DO SO BY USING YOUR SETTINGS WITHIN YOUR DEVICE.
COLLECTION & TRANSMISSION OF PERSISETENT IDENTIFIERS. Friendz App Publishers and its subsidiaries and agents may collect your persistent identifiers, such as a customer number held in a “cookie,” a static Internet Protocol (“IP”) address, a mobile device ID, or processor serial number. Friendz App Publishers and its subsidiaries and agents may transmit that information to third-party services providers for the purpose of providing you better services in the form of advertisements displayed during your use of the app. Friendz App Publishers does NOT store this information.
CONSENT TO USE DATA. Friendz App Publishers and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Friendz App Publishers Software, and to verify compliance with the terms of the License. Friendz App Publishers may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Friendz App Publishers if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Friendz App Publishers Software and destroy all copies, full or partial, of the Friendz App Publishers Software. Sections 6, 7, 10 and 11 of this License shall survive any such termination.
5. Privacy, Services and Third Party Materials.
(a) The Friendz App Publishers Software enables access to third party services and web sites (collectively and individually, "Services"). Such services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services requires you to accept additional terms.
(b) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Friendz App Publishers shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Friendz App Publishers is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party
Materials or web sites. Friendz App Publishers, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
(d) You agree that the Services contain proprietary content, information and material that is owned by Friendz App Publishers and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Friendz App Publishers. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Friendz App Publishers is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(e) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Friendz App Publishers Software are not available in all languages or in all countries. Friendz App Publishers makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Friendz App Publishers and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Friendz App Publishers be liable for the removal of or disabling of access to any such Services. Friendz App Publishers may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Disclaimer of Warranties.
6.1 If you are a customer who is a consumer (someone who uses the Friendz App Publishers Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE FRIENDZ APP PUBLISHERS SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FRIENDZ APP PUBLISHERS SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FRIENDZ APP PUBLISHERS AND FRIENDZ APP PUBLISHERS'S LICENSORS (COLLECTIVELY REFERRED TO AS "FRIENDZ APP PUBLISHERS" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE FRIENDZ APP PUBLISHERS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6.4 FRIENDZ APP PUBLISHERS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES WILL BE CORRECTED.
6.5 YOU FURTHER ACKNOWLEDGE THAT THE FRIENDZ APP PUBLISHERS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
6.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRIENDZ APP PUBLISHERS OR AN FRIENDZ APP PUBLISHERS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL FRIENDZ APP PUBLISHERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE FRIENDZ APP PUBLISHERS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FRIENDZ APP PUBLISHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Friendz App Publishers's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control. You may not use or otherwise export or re-export the Friendz App Publishers Software except as authorized by United States law and the laws of the jurisdiction in which the Friendz App Publishers Software was obtained. In particular, but without limitation, the Friendz App Publishers Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on 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. By using the Friendz App Publishers Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Friendz App Publishers Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
9. Government End Users. The Friendz App Publishers Software 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. Unpublished-rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Friendz App Publishers relating to the Friendz App Publishers Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Friendz App Publishers. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Third Party Acknowledgements. Portions of the Friendz App Publishers Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Friendz App Publishers Software, or may otherwise accompany such material, and your use of such material is governed by their respective terms.