Effective as of April, 29 2020
These Terms are a binding legal agreement between you and Beathead in relation to your use of the Apps and Sites.
Your Agreement to the Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE APPS OR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Apps or Sites you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Apps or Sites. If you do not agree to the Terms, you are not authorized to use any
Apps or Sites.
Changes to the Terms
From time to time, Beathead may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Apps and Sites. All new and/or revised Terms take effect immediately and apply to your use of the Apps and Sites from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Apps or Sites after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
License; Intellectual Property Rights
Subject to the terms and conditions of these Terms and provided you have paid the applicable fee (when applicable), Beathead grants you a non-exclusive, revocable and non-transferable license to use the App or the Site solely for your own personal use. We own all materials, code, software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) that are included, constitute or are a part of the Apps and Sites. These materials are protected by copyright and/or other intellectual property rights. You do not obtain any rights in such materials and must not use them without our written permission. Beathead’s name, logos, icons, and other trademarks may only be used with our consent. Other trademarks, if used on the Apps and Sites, are the registered trademarks of their respective owners. Those marks are used for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.
Content Available through the Apps and Sites
You acknowledge that Beathead does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Apps and Sites. Under no circumstances is Beathead liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Apps and Sites.
If you communicate to us any feedback, ideas or suggestions for improvement of the Apps or Sites, you grant us a free-of-charge, irrevocable, nonexclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You represent that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing license to us.
You agree not to engage in any of the following activities:
You may not (i) use any Apps or Sites for any illegal purpose or in violation of any local, state, national, or international laws, (ii) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You may not reproduce, duplicate, copy, resell or otherwise exploit content or technology from the Apps or Sites.
You may not (i) decompile, disassemble, or reverse engineer the Apps or Sites; (ii) defeat, bypass, or otherwise circumvent any protection mechanisms in the Apps or Sites; or (iii) attempt to access or use the additional features of the Apps or Sites if you has not paid the applicable fee.
You may not use the Apps and Sites or any information provided through the Apps and Sites for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
You may not use the Apps and Sites in any manner that could disable, overburden, damage, or impair the Apps or Sites, or interfere with any other party’s use and enjoyment of the Apps and Sites; including by (i) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Apps and Sites, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Apps or Sites.
You may not attempt to gain unauthorized access to the Apps and Sites, or the computer systems or networks connected to the Apps or Sites, through hacking or any other means.
Additional Terms Applicable to iOS Devices
This Section of the Terms governs exclusively the terms and conditions that must be defined to exclude and disclaim Apple Inc. relation to the Apps for iOS. In particular:
You can only use the Apps for iOS on an Apple-branded device.
You understand that your installation, access to or use of the Apps for iOS is also bound by the terms and conditions implemented by Apple Inc.
Beathead and you acknowledge that these Terms are concluded between us and you only, and not with Apple. We, not Apple, are responsible for the Apps.
Beathead and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps for iOS.
In the event of any failure of the Apps for iOS to conform to any applicable warranty, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps for iOS except for refunding the purchase price for the Apps for iOS to you. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall not be addressed to Apple.
Beathead and you acknowledge that Apple is not responsible for addressing of your or any third party’s claims relating to the Apps for iOS or your possession and/or use of that Apps, including, but not limited to (i) product liability claims; (ii) any claim that an App for iOS fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Beathead and you acknowledge that, in the event of any third-party claim that the Apps for iOS or your possession and use of the Apps for iOS infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms: upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEATHEAD OFFERS THE APPS AND SITES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE APPS AND SITES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE APPS AND SITES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BEATHEAD DOES NOT WARRANT THAT THE FUNCTIONS OF THE APPS AND SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE APPS AND SITES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY APPS AND SITES USED BY BEATHEAD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEATHEAD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE APPS AND SITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. Any support or maintenance is provided at our sole discretion.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEATHEAD BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE APPS AND SITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF BEATHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEATHEAD IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE APPS AND SITES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE APPS AND SITES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE APPS AND SITES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
To the extent authorized by law, you agree to indemnify and hold harmless Beathead, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (i) your violation of the Terms, (ii) your use of any of the Apps or Sites, and/or (iii) the Content you make available on any of the Apps or Sites.
Third Party Sites and Advertisers
We may include on the Apps and Sites links to third party sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Beathead is not responsible for any claim or loss due to a third party site or any advertiser.
Beathead may modify, suspend, or terminate the operation of, or access to, all or any portion of the Apps and Sites at any time for any reason. Additionally, your individual access to, and use of, the Apps and Sites may be terminated by Beathead at any time and for any reason. If you wish to terminate this agreement, you may immediately stop accessing or using the Apps and Sites at any time. Your right to access and use the Apps and Sites terminates automatically upon your breach of any of the Terms. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.
Choice of law.
The Terms are governed by and construed by the laws of Belarus, not including its choice of law rules.
The parties agree that any disputes between Beathead and you concerning these Terms, and/or any of the Apps or Sites may only be brought in state court sitting in Belarus, and you hereby consent to the personal jurisdiction and venue of such court.
We may transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person without your consent.
If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No Agency Relationship.
The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Beathead as a result of the Terms or from your use of any of the Apps and Sites.
These Terms constitute the entire agreement between you and Beathead relating to this subject matter and supersede any and all prior communications and/or agreements between you and Beathead relating to access and use of the Apps and Sites.