Heart Rate Monitor: Pulse
Welcome to this Terms of Use(the “Agreement”), this Agreement is a contract between you and 「Heart Rate Monitor: Pulse 」(“We”, “our” or “us”) and we want you to know yours and our rights before you use our application (the “App” or “Software”)and related services( the “Service”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, we consider you to consent the terms and conditions described in this document. If you do not agree with this Agreement, please stop using the App immediately.
1.End User License Agreement
1.1 Scope of the App License
1)We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2) You may not use the App under the following conditions:
- you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
- you shall use the App for lawful purposes only;
- you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
- you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
3) You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
4) You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
5) We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
1.2 Privacy and Personal Information
1) We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
2) The App may request your permissions to use Heart rate information during regular operation. If additional authority is required, we will ask for your permission in advance.
1.3 No Medical Advice
We offer our App for your educational and entertainment purposes only, and in no way intend to diagnose or treat any medical condition. To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical or healthcare advice via the Service, including any advice relating to nutrition, weight loss, or wellness.You should always seek advice of a licensed physician regarding any medical conditions you may have. The Service may not be appropriate for everyone, and you should consult with a qualified healthcare expert to determine whether the Service would be safe and effective for you. You hereby confirm that you are solely responsible for your state of health. You acknowledge that your diet and exercise activities involve risks, including the risk of bodily injury or death, and that you assume all those risks.
1.4 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,distribute, host, or otherwise commercially exploit any App;(b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble,decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein,no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
1.5 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
1.6 Modification
Heart Rate Monitor: Pulse reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that Heart Rate Monitor: Pulse will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
1.7 Ownership
Apps provided to you are licensed to you and not sold. Heart Rate Monitor: Pulse (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The Heart Rate Monitor: Pulse name, logo, and the product names associated with the Apps belong to Heart Rate Monitor: Pulse (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Heart Rate Monitor: Pulse (and its licensors, where applicable) reserve all rights not granted in this Agreement.
1.8 Ads
When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.
2.User Content
2.1 Content
1) As the App user you may submit graphics, photos and any other materials (collectively “Content”). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.
2) You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the App, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
3) When you provide your Content to the App, you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Content.
4) You agree that your conduct through the App will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
5) You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
6) You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
7) On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.
2.2 Paid Services
1) Some of the Services provided by the Software will need to be paid for use (“Paid Services”). You may choose our weekly package, monthly package or annual package for the Paid Services. Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. In the future, the Software may comprise further Paid Services. If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the Software as may be required to use the further Paid Services.
2) For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Google Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
3) We could modify about our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
2.3 Update，Discontinuation, Suspension and Termination of the App
1) You have the right to stop using the App at any time.
2) The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
3) We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and the Service, etc.
4) You agree that we may, without prior notice, suspend or terminate the Service related to the App if:
- you are in breach of these Terms;
- we do so subject to the applicable law or requirements of competent authority; or
- other condition upon which we need to do so.
5. Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.
2.4 Indemnification
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
3.Third Parties
3.1 Application Stores.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Heart Rate Monitor: Pulse and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Storeʼs terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
3.2 Third Party Services
Heart Rate Monitor: Pulse may permit certain third party applications (like leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, Heart Rate Monitor: Pulse will share information with the Third Party Service as described in the Heart Rate Monitor: Pulse Privacy Policy. FUN GAMES is not responsible for and does not control Third Party Services. Heart Rate Monitor: Pulse provides these Third Party Services only as a convenience to you. Heart Rate Monitor: Pulse has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third partyʼs terms and policies apply, including the third partyʼs privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.
3.3 Other Users
An App may contain User Content provided by other users of the App. Heart Rate Monitor: Pulse is not responsible for and does not control User Content. FUN GAMES has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that Heart Rate Monitor: Pulse will not be responsible for any liability incurred as the result of any such interactions.
3.4 Release
You hereby irrevocably and unconditionally release and forever discharge Heart Rate Monitor: Pulse (and its suppliers) from any and all claims, demands, and
rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers.
4.Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. Heart Rate Monitor: Pulse may revise the pricing for
the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT Heart Rate Monitor: Pulse IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP
5.General
5.1 Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure
you are aware of any changes.
5.2 Notice
Any notice provided to Heart Rate Monitor: Pulse pursuant to this Agreement should be sent to the email present on the app.
5.3 Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired
and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
5.4 Entire Agreement
This Agreement is the final, complete and exclusive agreement of you and Heart Rate Monitor: Pulse with respect to the subject matters hereof (including all Apps)
and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word including means including without limitation. Your relationship to Heart Rate Monitor: Pulse is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without Heart Rate Monitor: Pulseʼs prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Heart Rate Monitor: Pulse may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.