We are pleased to offer you the Services in connection with your download or installation of the App subject to your acceptance without modification of the following terms. If you do not agree, you may not use the Service.
We grant you a limited, revocable, non-assignable, non-transferable, and non-exclusive license to install and use one copy of an App downloaded directly from the App Store℠ (the “App Store”) provided by Apple Inc. (“Apple”) for devices running the iOS operating system, in each case:
(A) solely in object code format, and solely for your personal use for lawful purposes,
(B) on only one mobile or tablet device (your “Device”) (i) that is compatible with the App and for which Visionborne makes the App available on the App Store, and (ii) that you own or rightfully control, and onto which you lawfully download the App,
(C) to access the Service and Digital Content for your personal, non-commercial use, solely through the use of a licensed copy of the App.
A. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on, the App or the Digital Content, or publish or otherwise make the App or Digital Content available to others. You may not, and may not encourage, authorize, or assist others to, (a) reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the App, or make or attempt to make any modification to the App or (b) modify, defeat, interfere with, or circumvent any feature of the App, including, without limitation, any security or access control mechanism, including features requiring payment of a purchase price for any Digital Content. You may not remove any proprietary notices or labels on the Digital Content.
B. Visionborne reserves the right to revoke your license, at any time and without notice to you, to the App and the Digital Content if you violate the terms of this Agreement or Visionborne cannot lawfully continue to grant such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of Digital Content or if Visionborne or the owner or licensor of the Digital Content no longer has the legal rights and permissions necessary to authorize distribution of that Digital Content. Visionborne may modify or discontinue the offering of any Digital Content at any time without notice to you. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the App or the Digital Content automatically terminates the license set forth under this Agreement, without prejudice to any other remedies provided by applicable law or this Agreement.
C. If you are prohibited under applicable law from using the App or the Service, you may not use them and refrain from doing so.
D. You may not, in connection with the Service, use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to covertly intercept any system data, personal information, or other data relating to the Service. You may not take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure.
E. You must be at least fourteen (14) years old to use the App or the Service. Use of the App or the Service by anyone under the age of fourteen (14) is unauthorized and unlicensed, even if parental permission is provided.
F. Use of the App or the Service for a commercial purpose is unauthorized and unlicensed, and is not subject of this Agreement.
Visionborne owns and operates the Service. The Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service (the “Visionborne Materials”), are protected by the laws of the United States and other jurisdictions relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, trade names, and trademark laws, as well as laws relating to data protection and security. All Visionborne Materials, including intellectual property rights therein and thereto, are the exclusive property of Visionborne or its subsidiaries or affiliated companies and/or third-party licensors. You agree that you shall not reproduce, distribute, rent, lease, sell, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, prepare derivative works based on, or otherwise use the Visionborne Materials except as expressly authorized herein. Visionborne reserves all rights not expressly granted herein. You shall not acquire any right, title or interest in or to the Visionborne Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth hereunder.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us immediately using the information in Section 21 and provide sufficient and detailed information so that Visionborne can investigate the claim further.
Certain features of the Service, such as downloading or viewing certain Digital Content, require the payment of fees. All fees must be paid in advance before use. All transactions are final and, except as expressly provided herein, Visionborne does not issue any refunds. Visionborne has the right to modify prices and fees applicable to future transactions at any time for any reason in its sole discretion, and without notice to you.
The use and operation of your Device and your use of mobile network services in connection with your use of the Service may be subject to separate third party terms of service and fees (such as roaming, data, and other applicable fees charged by your mobile service provider). You acknowledge and agree that you are solely responsible for payment of any and all such fees and compliance with any and all third party applicable terms.
This Agreement may be changed at any time without notice to you. If the changes are material, Visionborne will post a notice on an updated App available for free download or by any other method Visionborne chooses in its sole discretion. Changes are effective (the “Effective Date”) at the time the revised Agreement is made available through the App or through any other method Visionborne elects, or at any later date specified in the notice or the revised Agreement. Your use of the Service, including the Digital Content and the App, after a change is effective will be governed by the revised Agreement. You should review the Agreement periodically while you are online so that you are aware of the most current rights and obligations relating to use of the Service. No changes to the Agreement will apply to your use of the Service prior to the Effective Date. Each updated version of the Agreement will indicate the applicable effective date.
The Agreement shall remain in effect until terminated. The Agreement, including your license hereunder, shall automatically terminate upon your breach of the Agreement. You may terminate the Agreement by uninstalling all Apps, deleting all Digital Content, and ceasing use of the Service. Visionborne may terminate the Service at any time and without notice to you, except as prohibited by applicable law. Any dispute relating to the App, the Digital Content, or the Service will be governed by the rights and remedies, including the limitations thereof, set forth in the Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS, DOWNLOAD, AND USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK. THE APP AND THE SERVICE ARE PROVIDED "AS IS," “WITH ALL FAULTS” AND “AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. VISIONBORNE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. VISIONBORNE MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. VISIONBORNE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. YOU ACKNOWLEDGE AND AGREE THAT VISIONBORNE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONBORNE AND ITS AFFILIATES, PARENT COMPANY, AND THEIR RESPECTIVE SUCCESSORS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND BUSINESS PARTNERS (COLLECTIVELY, THE “COMPANY AND ITS ASSOCIATES”) WILL NOT BE LIABLE FOR LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE, ARISING OUT OF OR RELATING TO THE APP OR THE SERVICE, OR ANY DAMAGES ARISING OUT OF OR RELATING TO UNLICENSED OR UNAUTHORIZED USE OF THE APP OR THE SERVICE, OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE APP OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND WHETHER OR NOT THE COMPANY AND ITS ASSOCIATES HAVE BEEN ADVISED OF, KNOW OF, OR COULD FORESEE THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE MAIN PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY AND ITS ASSOCIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY, AND, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT VISIONBORNE HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VISIONBORNE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND VISIONBORNE. VISIONBORNE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
You agree to indemnify, defend, and hold harmless the Company and Its Associates (as defined in Section 11) against any damages, losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorneys fees and costs of investigation whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your violation of this Agreement, or your violation of any applicable law or regulation.
This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, exclusive of its conflict of law provisions. Any dispute between the Parties arising out of this Agreement shall be submitted to final and binding arbitration in the City of Los Angeles, USA, under the Commercial Arbitration Rules of the American Arbitration Association then in effect, upon written notice and demand of any Party therefor. The arbitration shall be conducted by one (1) arbitrator, in the English language. Any arbitration award rendered shall be binding, final and conclusive upon all parties, and judgment thereon may be entered in any Court having jurisdiction thereof. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the other party.
Use of the Service is unauthorized and unlicensed if it is unlawful under applicable law. You may not download or install the App or use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. Visionborne may limit or deny to any person, in its sole discretion, access to any feature, product or service.
If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The title of and headings in this Agreement are for the convenience only and shall not affect the interpretation of this Agreement.
Visionborne may, in its sole discretion, assign its rights and/or delegate its duties under this Agreement at any time and without notice to you. You may not assign your rights or delegate your duties hereunder, and any assignment or delegation without Visionborne’s written consent, which may be withheld in Visionborne’s sole discretion, is void.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter addressed herein and may not be amended or modified except by a writing signed by both Parties.
The failure to exercise, or delay in exercising, a right, power, or remedy available under this Agreement or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Visionborne of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or other breach of the Agreement.
The Service is offered by Visionborne. You may e-mail us at firstname.lastname@example.org; 5405 Wilshire Blvd., Los Angeles, CA 90036, USA, or at the following phone number: +1 (323) 648-3032
You acknowledge that this Agreement is between you and Visionborne only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for responding to any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or your possession and use of any App infringes that third party’s intellectual property rights. You agree to abide by any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance hereof, Apple will have the right to enforce this Agreement against you as a third party beneficiary hereunder. You hereby 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.
The App is provided with or may include third-party software governed by applicable licenses. Such licenses do not expand or restrict the scope of the license granted hereunder and do not grant or create rights in or to the App or the Service beyond those granted hereunder.