PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE “BELIFESTYLEGURU” (“BELIFESTYLEGURU”) MOBILE APPLICATION (“APPLICATION”). BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS AGREEMENT IS BETWEEN YOU AND BELIFESTYLEGURU.
SUBJECT OF THE AGREEMENT
Subject to the terms and conditions of this Agreement, BELIFESTYLEGURU grants you a limited, non-transferable, irrevocable license to view, use and download a single copy of the Application for your informational, personal, non-commercial use (the “License”) on any device that you own or control. The License does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted, if at all, by this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of BELIFESTYLEGURU or its licensors. You may not use this Application for any purpose (a) which would be contrary to BELIFESTYLEGURU’s business interest, or (b) to BELIFESTYLEGURU’s actual or potential economic disadvantage in any respect, including using the Application to develop a competing application. All rights not specifically and expressly granted under the License are reserved by BELIFESTYLEGURU.
The Application is licensed, not sold. The License confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application. BELIFESTYLEGURU may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any features of the Application, at any time and in BELIFESTYLEGURU’s sole discretion.
The Application is protected by Russian copyright laws and international treaties. All materials contained in the Application are the copyrighted property of BELIFESTYLEGURU or third-party licensors. Except for your informational, personal, non-commercial use as authorized above, you may not use, modify, reproduce, distribute, transmit, republish or display the content, design or layout of the Application, or any components thereof, without the express written permission of BELIFESTYLEGURU.
LINKS TO THIRD PARTY WEBSITES
The Application contains links to other websites that provide services related to the Application (such as payment processing services) or that you may find useful and informative. Also, the Application may utilize social networking sites. These other websites are not under the control of BELIFESTYLEGURU, and you acknowledge and agree that BELIFESTYLEGURU is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by BELIFESTYLEGURU or any association with its operators, and BELIFESTYLEGURU disclaims all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.
THIRD PARTY SERVICE PROVIDERS
YOUR PERSONAL INFORMATION
When you provide information about yourself to BELIFESTYLEGURU, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or BELIFESTYLEGURU has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, BELIFESTYLEGURU has the right to suspend or terminate any account you establish in connection with your use of the Application and refuse any and all current or future use of the Application or any portion thereof.
USER CONTENT ON THE APPLICATION
You understand that all information, data, or other materials that are posted on or transmitted in connection with the Application by you or another user ("User Content") are the sole responsibility of the person from whom such User Content originated. This means that you, and not BELIFESTYLEGURU, are responsible for all User Content that you upload, post, email, transmit or otherwise make available in connection with the Application. BELIFESTYLEGURU does not control the User Content posted and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Application, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will BELIFESTYLEGURU be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available in connection with the Application.
In connection with your use of the Application, you agree not to:
- upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Application;
- upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the operation of the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; or
- collect or store personal data about other users.
Although BELIFESTYLEGURU does not pre-screen User Content, BELIFESTYLEGURU has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, BELIFESTYLEGURU has the right to remove any User Content that violates this Agreement.
YOUR GRANT OF LIMITED LICENSE
DISCLAIMER OF WARRANTY
THE APPLICATION, INCLUDING TEXT, GRAPHICS, IMAGES OR OTHER COMPONENTS IS PROVIDED “AS IS” WITH ALL ERRORS, WITHOUT WARRANTIES OF ANY KIND, TECHNICAL CHARACTERISTICS SUPPORT AND YOU AGREE TO USE THEREOF AT YOUR OWN RISK. BELIFESTYLEGURU DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, SATISFACTORY QUALITY AND PRODUCTIVITY, CONTINUOUS USE, FITNESS FOR A PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN INFORMATION, MATERIALS AND CORRECTION THEREOF. BELIFESTYLEGURU PERFORMS NO WARRANTY TO YOUR SATISFACTION BY THE APPLICATION, ITS COMPLIANCE WITH YOUR NEEDS, COMPATIBILITY OF THE APPLICATION WITH ANY THIRD PARTY’S SOFTWARE, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS IN THE MOBILE APPLICATION IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. BELIFESTYLEGURU DOES NOT WARRANT FOR ANY THIRD PARTY ‘S SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITH OR WITHIN THE APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT WILL BELIFESTYLEGURU BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE APPLICATION OR BY REASON OF ANY FAILURE OF USE THEREOF BY ANY PARTY, ERROR, OMISSION, INTERRUPTION, DEFECT, LOSS OF INFORMATION, DEVICE FUNCTIONAL BREAK, MALFUNCTION OR DAMAGE EVEN IF BELIFESTYLEGURU, OR REPRESENTATIVES THEREOF, WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALSO IN NO EVENT WILL BELIFESTYLEGURU BE LIABLE FOR ANY INACCURACIES IN ADVERTISEMENTS OF THIRD PARTIES-ADVERTISERS WHEN YOU USE THE APPLICATION ON THE DEVICE.
YOUR FINANCIAL LIABILITY
In no event will Belifestyleguru be liable for any damages caused by the financial relationship between you and the third parties when using the Application, and as result of unauthorized use of your account created during the Application installation.
When you make your in-app payments using the Application the only liability of Belifestyleguru is restricted by the amount of payment received by Belifestyleguru.
The total liability of Belifestyleguru to any person or legal entity for any claims concerned to the Application, including claims for offense, indemnification, statutory and strict liability or otherwise, in case of their legality and validity shall not exceed three hundred US dollars.
You agree to defend, indemnify and hold harmless BELIFESTYLEGURU and their respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User Content you submit, post, transmit or make available through the Application, your violation of this Agreement, or your violation of any third party rights.
The Agreement shall be governed by and construed in accordance with the substantial laws in force in the Russian Federation. If you are a legal entity or a private entrepreneur, аny and all disputes, controversies or differences in opinion arising out of or relating to the Agreement shall be finally resolved through arbitration in accordance with the arbitration rules and legal procedures of the Russian Federation. Judgment of the Arbitration Court of Novosibirsk, the Russian Federation is final and obligatory for execution by both parties. If you are an individual person, the Soviet District Court of Novosibirsk, the Russian Federation, shall have jurisdiction over all disputes relating to the Agreement.
The Agreement shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
MODIFICATION AND TERMINATION
BELIFESTYLEGURU reserves the right, in its sole discretion, to terminate your access to all or part of the Application, with or without notice, for any reason or no reason, including without limitation your violation of this Agreement.
BELIFESTYLEGURU may make changes to the Agreement unilaterally without notice. You are liable for regular reviewing of updated Agreement. The effective Agreement is published on the official site of BELIFESTYLEGURU www.belifestyleguru.com.
On any questions arisen from the Agreement, you can contact a game studio BELIFESTYLEGURU by the following e-mail firstname.lastname@example.org.