This Software License and Terms of Service Agreement (the
“Agreement”) for the applications, the website at dats games and
all other online properties and websites owned or operated by
Datsgames (the “Service”) is a legal contract between the
individual accepting and agreeing to this Agreement (“you”) and
applications. As used in this Agreement, “applications” means
Datsgames.
This Software License and Terms of Service Agreement (the
"Agreement") for the Datsgames, the website at dats.games, and
all other online properties and websites owned or operated by
Datsgames is a legal contract between the individual accepting
and agreeing to this Agreement ("you") and Datsgames
Please read carefully the terms and conditions of this
agreement. By clicking the “install” button to initiate the
installation of the applications software, you acknowledge that
you have read, understood, and agree to be bound by all of the
terms and conditions of this agreement including the requirement
of binding arbitration for all legal disputes. If you do not
agree to all of the terms and conditions of this agreement,
click the “i decline” button and the applications software will
not be installed on your device. If you do not agree to this
agreement, you must destroy, return or delete all copies of the
applications software in your possession.
By clicking the “Install” button or by otherwise registering
for, accessing or using the Service, you represent and warrant
that you are Eligible (as defined below) and have not been
previously suspended or removed from the Service by
applications.
As provided in greater detail in this Agreement (and without
limiting the express language of this Agreement), you
acknowledge the following:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s or Internet provider’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- you consent to the collection, use and disclosure of your personally identifiable information in accordance with Live Backgrounds & Backgrounds’s applications Privacy Policy;
- we provide the applications Software to you on an “as is” basis without warranties of any kind and Live Backgrounds & Backgrounds’s liability to you is limited;
- disputes arising between you and applications will be resolved by binding arbitration. By accepting this Agreement, as provided in greater detail in Section 15 below, you and applications are each waiving the right to a trial by jury or to participate in a class action; and
- if you post any User Content that is prohibited by this Agreement, then we may—but have no obligation to—take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your account, removing your User Content, and/or reporting you to law enforcement authorities, either directly or indirectly.
1. The Service
1.1 Free and Subscription Service. You may choose whether to use
the free Service or the subscription-based or Premium Service
(the “Paid Service”). If you choose to use the free Service,
applications may deliver third-party advertisements
(“Advertisements”) to you. If you choose to use the Paid
Service, applications will not deliver any Advertisements to
you.
1.2 Eligibility. The service is not available to persons who are
not eligible or to any users previously suspended, terminated or
removed from the service by applications. “Eligible” means, with
respect to the Paid Service, 18 years of age or older, and with
respect to the free Service, 16 years of age or older. By
downloading, using or accessing the Service, you represent and
warrant that you are Eligible or have the permission of a parent
or guardian to use the Service. Notwithstanding the foregoing,
if you are under 16 years of age, then you must not use or
access the service at any time or in any manner.
2. applications Privacy Policy
Your privacy is important to applications. Live Backgrounds
& Backgrounds’s Privacy Policy is hereby incorporated into
this Agreement by reference. Please read this Privacy Policy
carefully for information relating to Live Backgrounds &
Backgrounds’s collection, use, and disclosure of your personal
information.
3. Modification of this Agreement
applications reserves the right, at our discretion, to make
non-material changes to this Agreement at any time. Please check
this Agreement and any guidelines notified to you by
applications periodically for changes. In the event that a
change to this Agreement materially modifies your rights or
obligations, we will make reasonable efforts to notify you at
least 30 days in advance of the effective date of such change.
We may provide notice through a pop-up or banner within the
Service, by sending an email to any address you may have used to
pay for the applications Software Paid Service, or through other
reasonable means. If you do not agree to the changed Agreement
you must discontinue your use of the Service. If you are a user
of the applications Software Paid Service and you elect to
discontinue use of the Service due to a material change in this
Agreement, we will provide you with a refund as described in
Section 9 below. All other changes are effective upon
publication of the changed Agreement.
4. User Content
4.1 User Content Generally. Certain features of the Service,
such as the applications Software Help Desk, may permit users to
post content, including messages, reviews, data, text, and other
materials (collectively, “User Content”) and to publish User
Content on the Service. You retain copyright and any other
proprietary rights that you may hold in the User Content that
you post to the Service.
4.2 Limited License Grant to applications. By posting or
publishing User Content, you grant applications a worldwide,
non-exclusive, royalty-free, perpetual, irrevocable right and
license (with the right to sublicense) to host, store, transfer,
display, perform, reproduce, modify, and distribute your User
Content, in whole or in part, in any media formats and through
any media channels (now known or hereafter developed) without
any compensation paid to you.
4.3 User Content Representations and Warranties. You are solely
responsible for your User Content and the consequences of
posting or publishing User Content. By posting and publishing
User Content, you affirm, represent, and warrant that: (A) You
are the creator and owner of, or have the necessary licenses,
rights, consents, and permissions to use and to authorize
applications and users of the Service to use and distribute your
User Content as necessary to exercise the licenses granted by
you in this Section 4 and in the manner contemplated by
applications and this Agreement; and (B) your User Content, and
the use thereof as contemplated herein, does not and will not:
(i) infringe, violate, or misappropriate any third-party right,
including any copyright, trademark, patent, trade secret, moral
right, privacy right, right of publicity, or any other
intellectual property or proprietary right; or (ii) slander,
defame, or libel any third party.
4.4 User Content Disclaimer. We are under no obligation to edit
or control User Content that you or other users of the Service
post or publish, and will not be in any way responsible or
liable for User Content. applications may, however, at any time
and without prior notice, screen, remove, edit, or block any
User Content that in our sole judgment violates this Agreement
or is otherwise objectionable. You understand that when using
the Service, you will be exposed to User Content from a variety
of sources and acknowledge that User Content may be inaccurate,
offensive, indecent or objectionable. You agree to waive, and
hereby do waive, any legal or equitable rights or remedies you
have or may have against applications with respect to User
Content. To the fullest extent permitted by law, we expressly
disclaim any and all liability in connection with User Content.
If notified by a user of the Service or content owner that User
Content allegedly does not conform to this Agreement, we may
investigate the allegation and determine in our sole discretion
whether to remove the User Content, which we reserve the right
to do at any time and without notice. For clarity, applications
does not permit copyright-infringing activities on the Service.
5. The applications Software
5.1 applications Software License. The Service, including the
applications Software, is licensed, not sold, to you. Subject to
the terms and conditions set forth in this Agreement,
applications grants you a limited, revocable, nonexclusive,
personal, nontransferable license during the term of this
Agreement to install and use one (1) copy of the provided
version of the applications Software in object code format, to
access the Service for internal and personal purposes only. The
applications Software is “in use” on a Device for purposes of
this paragraph when it is loaded into the temporary memory
(e.g., RAM) or installed into the permanent memory (e.g., hard
disk, CD-ROM or other storage device) of a Device.
5.2 applications Software License Restrictions. You may not (and
may not allow a third party to) rent, lease, sublicense, sell,
assign, loan, use for timesharing or service bureau purposes or
otherwise transfer the applications software or any of your
rights and obligations under this agreement. You may not (and
may not allow a third party to): (a) reverse engineer,
decompile, disassemble or attempt to reconstruct, identify or
discover any source code, underlying ideas, underlying user
interface techniques or algorithms of the applications Software
by any means whatsoever, except to the extent that such
restriction is expressly prohibited by applicable law; (b)
remove or destroy any copyright notices or other proprietary
markings; (c) attempt to circumvent any use restrictions; (d)
modify or adapt the applications Software, merge the
applications Software into another program or create derivative
works based on the applications Software; or (e) use, copy or
distribute the applications Software without applications’s
written authorization, except that you may make one (1) copy of
the applications Software for archival or backup purposes only.
5.3 Content Restrictions. You may not (and may not allow a third
party to) copy, reproduce, capture, store, retransmit,
distribute, or burn to cd (or any other format) any copyrighted
content that you access or receive while using the applications
software or the service. You assume all risk and liability for
any such prohibited use of copyrighted content.
5.4 Recurring Payments for Paid Service using applications
Software.When you purchase a subscription to applications’s Paid
Service in connection with your use of the applications
Software, applications will automatically renew your
subscription to the Paid Service at the end of its initial term
and at the end of each term thereafter. The renewal term will be
for the same period of time as the initial term. This period of
time is known as the Subscription Period. At the conclusion of
each subscription term, you will automatically be billed for the
applications Paid Service for a renewal subscription term
lasting a period of time equal to the Subscription Period. The
applications Paid Service fee is non-refundable except as
expressly set forth in this Agreement. Taxes may apply on the
subscription fee. You agree to pay for the subscription that you
select for the Paid Service and you authorize us to
automatically charge the payment method our service provider has
on file for your recurring payments. If the payment mechanism
(such as a credit card) we have on file for you is declined for
payment of your Paid Service subscription fee, we may retry the
payment mechanism at the same or lower rate. If we do not obtain
payment, your Paid Service subscription will be canceled. If you
provide us with a new form of payment and are successfully
charged within 30 days after the renewal date, your new Paid
Service subscription term will be based on the original renewal
date and not the date of the successful charge. If your Paid
Service is terminated, you may be entitled to a refund, subject
to limitations provided in Section 9 of this Agreement. You are
responsible to canceling your subscription regardless of whether
you receive any notice from applications about the renewal of
that subscription. In the event that your payment mechanism
expires prior to the renewal date of your subscription, you are
responsible for updating a new payment mechanism in your
applications account before the renewal date of your
subscription to the Paid Service. To the fullest extent
permitted by law, applications makes no representations or
warranties about the continued availability of any particular
form of payment method made available for use with the Service.
Several methods of cancelling the automatic renewal of your
applications Paid Service subscription are available to you, and
are described at the website https://support.apple.com/en-us/ .
Once you have cancelled your automatic renewal, recurring
subscription fees for applications Paid Service fees will no
longer be charged to the payment method we have on file for your
account, and your subscription will remain active only until the
end of the term for which you have fully paid the applications
Paid Service fee. Unless you notify us before a charge that you
want to cancel or do not want to auto renew, you understand your
paid service subscription will automatically renew periodically
and you authorize us to collect the then-applicable paid service
subscription fee plus any applicable taxes, using any payment
method we have on record for you. applications currently uses
third-party payment processors for electronic commerce. Our
third-party e-commerce payment processor accepts payments
through methods detailed on the applicable payment screen, which
may include various credit cards. By using such third-party
payment processors, you agree to their terms and conditions of
use. Such third parties may charge fees to process payments. We
may, but are not required to, pay certain fees at our sole
discretion. To the fullest extent permitted by law, applications
disclaims all liability with regard to any fees or problems you
have with third-party payment processors.
6. The Service
6.1 Availability. You may use the applications Software solely
to access the Service. A computer or other equipment enabled to
access the Internet (a “Device”) is required to utilize the
Service. You are solely responsible for ensuring that your
Device is sufficient and compatible for use with the Service.
The speed and quality of the Service may vary and the Service is
subject to unavailability, including emergencies, third party
service failures, transmission, equipment or network problems or
limitations, interference, signal strength, and maintenance and
repair, and may be interrupted, refused, limited or curtailed.
6.2 Denial of Access; applications reserves the right to modify
or discontinue the Service at any time without notice. If you
are a user of the Paid Service, you may be entitled to a refund
as described in Section 9 below. applications may deny access to
the Service without any prior notice if you breach this
Agreement, and may terminate your use of the Service as
described in Section 9 below. You shall not allow any third
party to access the Service from your Device.
6.3 Trusted Publisher. As part of the Service, applications may
install its own certificate on your Device as a Trusted
Publisher (as defined by your Internet browser). applications
reserves the right to make future installs or updates to such
certificates on your Device in connection with providing the
Service at any time without notice.
7. Prohibited Conduct
BY USING THE applications SOFTWARE OR THE SERVICE YOU AGREE NOT
TO: 7.1 use the applications Software or the Service for any
fraudulent, harassing or abusive purpose, or so as to damage or
cause risk to our business, reputation, employees, subscribers,
facilities, or to any person;
7.2 rent, lease, loan, sell, resell, sublicense, distribute or
otherwise transfer the Service, the applications or any
Materials (as defined in Section 10, below);
7.3 delete the copyright or other proprietary rights on the
applications Software or the Service;
7.4 use the applications Software or the Service for any illegal
purpose, or in violation of any local, state, national, or
international law;
7.5 use the Service or the applications Software for any
commercial use, it being understood that the applications
Software and the Service is for personal, non-commercial use
only;
7.6 use the applications Software or the Service if you are not
Eligible;
7.7 remove, circumvent, disable, damage or otherwise interfere
with security-related features of the applications Software or
the Service, features that prevent or restrict use or copying of
the applications Software, or features that enforce limitations
on the use of the Service;
7.8 reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Service or the
applications Software or any part thereof, except to the extent
that such restriction is expressly prohibited by applicable law;
7.9 modify, adapt, translate or create derivative works based
upon the applications Software or the Service or any part
thereof;
7.10 intentionally interfere with or damage operation of the
Service, by any means, including uploading or otherwise
disseminating viruses, adware, spyware, worms, or other
malicious code.
8. Third-Party Transactions
8.1 Advertisements. If you are using the free Service,
applications may deliver third-party Advertisements. You hereby
acknowledge and consent that applications may deliver third
party Advertisements to overlay a page or as an interstitial.
applications reserves the right to prevent your access to the
Service or continued use thereof if you violate this Agreement,
engage in fraud or copyright infringement, or employ an
ad-blocking product or other software or mechanism that prevents
you from participating in advertising programs, surveys, or
other activities that involve delivery of Advertisements or
other monetization of the Service. applications does not endorse
any information, materials, products, or services contained in
or accessible through Advertisements. Accordingly, your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service are
solely between you and such advertiser. ACCESS AND USE OF
ADVERTISEMENTS, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS,
AND SERVICES ON OR AVAILABLE THROUGH ADVERTISEMENTS SITES IS
SOLELY AT YOUR OWN RISK.
8.2 Third Party Policies. If You choose to access and use
third-party websites, services or content, or purchase products
from third parties, including without limitation through
third-party payment vendors while using the Paid Service, or
through Advertisements while using the free Service, your
personal information may be available to a third-party content
provider. If you choose to visit or use any third-party products
or services, applications policies and this Agreement will not
apply to your activities or any information you disclose while
using third-party products or services or otherwise interacting
with third parties. How third parties handle and use your
personal information related to their sites and services is
governed by their security, privacy and other policies, if any,
and not our policies. applications has no responsibility for any
third party’s policies, or any third party’s compliance with
them.
9. Termination, Refunds, Terms of Service Violations
9.1 Termination by applications. For users of the free Service,
You agree that applications, in its sole discretion, for any or
no reason, and without penalty, may terminate your use of the
Service or the applications Software at any time, and that
applications may also in its sole discretion and at any time
discontinue providing access to the Service, or any part
thereof, with or without notice. You agree that any termination
of your access to the Service may be effected without prior
notice and you agree that applications will not be liable to you
or any third party for any such termination. For users of the
Paid Service, You agree that applications, in its sole
discretion, for any or no reason, may terminate your use of the
Service or the applications Software at any time, and that
applications may also in its sole discretion and at any time
discontinue providing access to the Service, or any part
thereof, with or without notice. If such termination or
discontinuation occurs during a period for which you are a paid
subscriber to the Paid Service, You may be entitled to a
pro-rated refund of your current subscription payment amount in
connection with your use of the Paid Service. If your account is
terminated due to your breach of this Agreement during the
relevant cancelation period, you will not be eligible for a
refund. All refunds are issued at applications’s sole discretion
and any request for refund may be denied for any or no reason.
You agree that any termination of your access to the Service may
be effected without prior notice and you agree that applications
will not be liable to you or any third party for any such
termination beyond the refund described in this Section 9.1. If
you have been terminated from the Paid Service and wish to
request a refund, please email customer service at
[email protected] and
describe the circumstances relating to the termination or
discontinuation of your use of the Service. Any suspected
fraudulent, abusive or illegal activity may be referred to
appropriate law enforcement authorities. These remedies are in
addition to any other remedies applications may have at law or
in equity.
9.2 Termination by You. You may terminate this Agreement at any
time by discontinuing use of all parts of the Service and
certifying in writing to applications that all copies of the
applications Software have been destroyed or deleted from any of
your Device or other storage devices.
10. Ownership, Proprietary Rights
The applications Software and the Service are owned and operated
by applications and its partners. The visual interfaces,
graphics, design, compilation, information, computer code
(including source code or object code), products, software,
services, and all other elements of the Service or the
applications Software provided by applications (the “Materials”)
are protected by United States copyright, trade dress, patent,
and trademark laws, international conventions, and all other
relevant intellectual property and proprietary rights, and
applicable laws. All Materials contained on the applications
Software or Service (excluding any Materials on third-party
websites) are the property of applications or its subsidiaries
or affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to
applications or its affiliates and/or third-party licensors.
Except as expressly authorized by applications, You agree not to
sell, license, distribute, copy, modify, publicly perform or
display, transmit, publish, edit, adapt, create derivative works
from, or otherwise make unauthorized use of the Materials.
applications reserves all rights not expressly granted in this
Agreement.
11. Indemnification
To the fullest extent permitted by law, You agree to indemnify,
save, and hold applications, its affiliated companies,
contractors, subcontractors, officers, directors, shareholders,
employees, agents and its third-party suppliers, licensors, and
partners (the “applications Entities”) harmless from any claims,
losses, damages, liabilities, including legal fees and expenses,
arising out of your misuse of the applications Software or
Service, any violation by You of this Agreement, or any breach
of the representations, warranties, and covenants made by You
herein. applications reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which
you are required to indemnify the applications Entities, and you
agree to cooperate with applications’s defense of these claims.
applications will use reasonable efforts to notify you of any
such claim, action, or proceeding upon becoming aware of it.
12. Export
The applications Software and the Service may be subject to
United States export controls. You may not export or re-export
the applications Software without: (a) the prior written consent
of applications, (b) complying with any applicable export
control laws, and (c) obtaining all appropriate permits and
licenses. In any event, You may not remove or export from the
United States or allow the export or re-export of any part of
the applications Software or the Service in violation of any
restrictions, laws or regulations of the United States
Department of Commerce, the United States Department of Treasury
Office of Foreign Assets Control, or any other United States or
foreign agency or authority. As defined in FAR section 2.101,
the applications Software and the Service are “commercial items”
and according to DFAR section 252.227-7014(a)(1) and (5) are
deemed to be “commercial computer software” and “commercial
computer software documentation.” Consistent with DFAR section
227.7202 and FAR section 12.212, any use modification,
reproduction, release, performance, display, or disclosure of
such commercial software or commercial software documentation by
the U.S. Government will be governed solely by the terms of this
Agreement and will be prohibited except to the extent expressly
permitted by this Agreement. The applications Software and the
Service may contain information that is controlled and
restricted from export by the United States export controls
restrictions, regulations, and laws described above (the
“Controlled Information”). If applications, in its sole
discretion, determines that it cannot implement the Service in a
manner to exclude access to Controlled Information where
required, if you are in a country or territory that is subject
to such regulation, you shall not be provided access to the
Service.
13. Disclaimers, No Warranties
The following provisions of this section 13 apply to the fullest
extent permitted by law:
13.1 No Warranties. applications and the applications entities
disclaim all warranties, statutory, express or implied,
including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, and
non-infringement of proprietary rights. No information, whether
oral or written, obtained by you from applications or through
the service will create any warranty not expressly stated
herein. You expressly acknowledge that as used in this section
13 the term applications includes the applications entities.
13.2 “As is” and “As available” and “With All Faults”. You
expressly agree that use of the service and the applications
software is at your sole risk. The service, the applications
software and any data, information, third-party applications
software, services, or applications made available in
conjunction with or through the service are provided on an “as
is” and “as available”, “with all faults” basis and with no
assurances that the applications software or the service will
withstand attempts to evade security mechanisms or that there
will be no cracks, bugs, disablements or other circumvention.
applications and the applications entities do not warrant that
the service will be uninterrupted or free of errors, viruses or
other harmful components and do not warrant that any of the
foregoing will be corrected. You understand and agree that you
use, access, download the applications software and otherwise
obtain or transmit materials, data, or other content while using
the service at your own discretion and risk.
14. Limitation of Liability and Damages
The following provisions of this section 14 apply to the fullest
extent permitted by law:
14.1 Limitation of Liability. Under no circumstances, including,
but not limited to, negligence, will applications or the
applications entities be liable for any special, indirect,
incidental, consequential, punitive, reliance, or exemplary
damages (including without limitation damages arising from any
unsuccessful court action or legal dispute, lost business, lost
revenues, or loss of anticipated profits or any other pecuniary
or non-pecuniary loss or damage of any nature whatsoever)
arising out of or relating to this agreement or that result from
your use of or your inability to use the service or applications
software, or any other interactions with applications, even if
applications or an applications authorized representative has
been advised of the possibility of such damages.
14.2 Limitation of Damages. In no event will the total liability
of applications or its affiliates, contractors, employees,
agents, or third-party partners, licensors, or suppliers to you
for all damages, losses, and causes of action arising out of or
relating to this agreement or your use of the service or the
applications software (whether in contract, tort including
negligence, warranty, or otherwise), exceed the amount paid by
you, if any, for accessing the applications software and the
service during the twelve months immediately preceding the date
of the claim or twenty five united states dollars, whichever is
greater.
14.3 Basis of the Bargain. You acknowledge and agree that
applications has offered the applications software and the
service, set its prices, and entered into this agreement in
reliance upon the warranty disclaimers and the limitations of
liability set forth herein, that the warranty disclaimers and
the limitations of liability set forth herein reflect a
reasonable and fair allocation of risk between you and
applications, and that the warranty disclaimers and the
limitations of liability set forth herein form an essential
basis of the bargain between you and applications applications
would not be able to provide the service or the applications
software to you on an economically reasonable basis without
these limitations.
14.4 Consumer End Users (Outside of the USA). This Section 14.4
applies only if you reside and use the Service and applications
Software outside of the United States. (A) Warranties. The
limitations or exclusions of warranties and liability contained
in this Agreement do not affect or prejudice the statutory
rights of a consumer, i.e., a person acquiring goods for solely
personal use otherwise than in the course of business outside of
the U.S.A. The limitations or exclusions of warranties, remedies
or liability contained in this Agreement apply to you to only
the extent such limitations or exclusions are permitted under
the laws of the jurisdiction where you are located. (B) Data
Transfer. If You are accessing the Service from any region with
laws or regulations governing personal data collection, use, and
disclosure, that differ from United States laws, please be
advised that through your continued use of the applications
Software and the Service, which are governed by U.S. law and
this Agreement, you may be transferring your personal
information to the United States and you consent to that
transfer.
15. Dispute Resolution and Arbitration
15.1 Generally. In the interest of resolving disputes between
you and applications in the most expedient and cost effective
manner, you and applications agree that any and all disputes
arising out of or relating in any way to this Agreement or your
use of the Service shall be resolved by binding arbitration.
Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or
jury, may allow for more limited discovery than in court, and
can be subject to very limited review by courts. Arbitrators can
award the same damages and relief that a court can award. Our
agreement to arbitrate disputes includes, but is not limited to
all claims arising out of or relating to any aspect of this
Agreement, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, and regardless of
whether the claims arise during or after the termination of this
Agreement. You understand and agree that, by entering into this
agreement, you and applications are each waiving the right to a
trial by jury or to participate in a class action.
15.2 Notwithstanding Section 15.1, you and applications agree
that nothing herein shall be deemed to waive, preclude, or
otherwise limit either of our right to (i) bring an inidual
action in small claims court, (ii) pursue enforcement actions
through applicable federal, state, or local agencies where such
actions are available, (iii) seek a temporary restraining order
or preliminary injunctive relief in a court of law in aid of
arbitration, or (iv) to file suit in a court of law to address
intellectual property infringement claims.
16. Miscellaneous
16.1 Notice. applications may provide you with notices,
including those regarding changes to this Agreement, by posting
the notice through the Service. Notice will be deemed given
twenty-four hours after posting.
16.2 Waiver. The failure of applications to exercise or enforce
any right or provision of this Agreement will not constitute a
waiver of such right or provision. Any waiver of any provision
of this Agreement will be effective only if in writing and
signed by applications.
16.3 Governing Law. This Agreement will be governed by and
construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts
of law except payments disputes filed by customer's domiciled in
the European Community or Switzerland will be treated according
to Swiss law.
16.4 Jurisdiction. You agree that in the event of a dispute that
is not subject to arbitration pursuant to Section 15, or if
Section 15 is found to be unenforceable, any action at law or in
equity arising out of or relating in any way to this Agreement
or applications will be filed only in the state or federal
courts located in the City and County of San Francisco,
California, and You hereby consent and submit to the personal
and exclusive jurisdiction of such courts for the purposes of
litigating any such action.
16.5 Severability. If any provision of this Agreement is held to
be unlawful, void, or for any reason unenforceable, then that
provision will be limited or eliminated from this Agreement to
the minimum extent necessary and will not affect the validity
and enforceability of any remaining provisions.
16.6 Assignment. This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you,
but may be assigned by applications without restriction. Any
assignment attempted to be made in violation of this Agreement
shall be void.
16.7 Survival. Upon termination or expiration of this Agreement
for any reason, the following provisions will survive such
termination or expiration: Sections 4.2, 5.3, and 10 through 16.
16.8 Headings. The heading references herein are for convenience
purposes only, do not constitute a part of the terms of this
Agreement, and will not be deemed to limit or affect any of the
provisions hereof.
16.9 Entire Agreement. This Agreement constitutes the entire
agreement between you and applications relating to the subject
matter herein and will not be modified except in writing, signed
by both parties.
16.10 Time Limit for Claims. You and applications agree that any
cause of action arising out of or related to the service or
software must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently
barred.
16.11 Disclosures. The Service and applications Software set
forth hereunder are offered by applications. You may email
applications at:
[email protected].