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- End User License Agreement -

Effective Date: August 13, 2018

This End User License Agreement ("Agreement") is a legal agreement between you and Sound Sleep
Group, including its affiliates, subsidiaries (collectively, “we”, “us” or “our”), governing your access to
and use of the mobile application named Color Phone along 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 weifang201899@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
weifang201899@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 weifang201899@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
weifang201899@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 other
C
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.

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