By downloading any application created by Take2 Solutions. (here after referered to as "The Company"), installing or using this application or any portion thereof ("Application"), you agree to the following terms and conditions (the "Terms and Conditions").
1. USE OF APPLICATION
The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
2. PROPRIETARY RIGHTS
You acknowledge that
(a) The Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and
(b) The Company and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto.
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to,
(i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted,
(ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application,
(iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
(iv) remove, obscure, or alter The Company's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company's Privacy Policy explains how The Company treats your information and protects your privacy when you use the Application. You agree to the use of your data in accordance with The Company's privacy policies.
4. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
5. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
6. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
7. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the application is at your sole discretion and risk and that the application is provided as is and as available without warranty of any kind.
You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use.
The company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to the application.
The application is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other activities in which the failure of the application could lead to death, personal injury, or severe physical or environmental damage.
The application, and any content, tools, products or services displayed, accessed or obtained on or through the sites and services are provided "As is", "As available", and without warranties of any kind, either express, implied or statutory, including, without limitation, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, everyday health, its licensors and their affiliates, suppliers, and agents do not warrant and expressly disclaim that: ( I ) your use of the application and/or services and access to and use of all of the tools and features thereon will be uninterrupted, error-free or secure; (ii) that any information obtained therein is accurate, reliable or complete; (iii) that defects will be corrected; or (iv) that any software, services, sites or server(s) on which the application are hosted are free of viruses or other harmful components. Your use of the sites and the services and any information or materials provided on or through the sites and services are entirely at your own risk. We make no representations or warranties about the products or services sold or advertised herein or about the satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the content contained on the application or through the services. We make no representations or warranties with respect to any treatment, action or application of medicine, medication or the information offered or provided within or through the applications, the sites or the services.
8. LIMITATION OF LIABILITY
You expressly understand and agree that The Company, its subsidiaries and affiliates, and its licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the application, including any loss of data or damage to your mobile device, whether or not the company or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
9. UPDATES
We may modify these Terms and Conditions at any time, as we deem appropriate. If you disagree with the changes to the Terms and Conditions, you must discontinue your use of the application. Your continued access or use of any of the application following such notice signifies your acceptance of the modified Terms and Conditions.
It is your responsibility to review the Terms and Conditions regularly to be aware of such modifications. We reserve the right to modify or discontinue the application with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the application. If you object to any such changes, your sole recourse will be to cease access to the application.
Continued access to the application following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the application as so modified and your use of new Services will be governed by these Terms and Conditions.
10. MISCELLANEOUS
These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of Cyprus without regard to its conflict of laws provisions. You and The Company agree to submit to the exclusive jurisdiction of the courts located within the city of Nicosia, Cyprus to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that The Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.