Effectivity Date: August 30, 2018
This Agreement set forth the legally binding terms and conditions for your use of the App and the Services.
1. Acceptance of Terms and Conditions.
By signing up for and/or using the App, you hereby agree to this Agreement and all other operating rules, policies and procedures that may be implemented as well as updated from time to time through the App by the Company, which shall be made accessible to you.
To sign up for the Services, you may either register for an account on the App or log in via Facebook Connect.
You undertake to provide accurate and complete information and to keep your account information updated at all times. You shall not: (i) select or use as a username, a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than yourself without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs in your account, and for keeping your account password secure. You undertake to notify the Company immediately of any security breach or unauthorized use of your account. You have the right to delete your Account, either directly or through a request made to the Company.
4. Rules of Conduct
You agree that you are responsible for your own conduct and user content while using the Services and for any consequence that may arise out of your violation of this Agreement or the Rules and Regulations of this App.
5. Third Party Services
The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music). These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
6. In App Purchases
Through the App, you may purchase (“In App Purchase”) certain goods designed to enhance the performance of the Services (“Goods”). When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective terms and conditions.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of user Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Warranty Disclaimer
You acknowledge that we have no duty to take any action regarding:
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content of other users or third parties contained in or accessed through the Services, and you acknowledge that we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or the said Content contained in or accessed through the Services.
The Services and Content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, its directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the services is free of viruses or other harmful components; or (iv) the results of using the services will meet your requirements. Your use of the services is solely at your own risk.
You shall defend, indemnify, and hold harmless the Company, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your user content, violation of this Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you undertake to assist and cooperate with us in asserting any available defenses.
10. Limitation of Liability
In no event shall the Company, its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Philippines, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be settled in the courts of the Philippines.
We reserve the right, in our sole discretion, to modify or replace this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this Agreement periodically for changes. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to this Agreement in effect at the time of such use.
13. Apple Device and Application Terms
In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (in either case, an “App”), the following shall apply:
Unless otherwise specified in this Agreement, all notices herein will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
16. No Waiver
The Company’s failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of this Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this Agreement to be binding, the Company must provide you with written notice of such waiver through one of our authorized representatives.