1. PURE'S TERMS OF SERVICE
II. Please read the following terms and conditions of service carefully before using PURE. By downloading the PURE Software or using, accessing, or purchasing tickets for PURE, you are acknowledging that you have read, understood and agreed to be bound by the following terms and conditions (the “agreement”). This includes accepting any modifications made to these terms and conditions from time to time, without limitation or qualification.
III. If you are not willing to agree to this agreement in full please stop using PURE straight away.
2. LOCATION DATA — AN IMPORTANT DISCLAIMER
The location feature in PURE is for personal non-commercial use only. It is not suitable for emergency, navigation, or any mission critical or safety applications whatsoever. it must not be relied upon when operating machinery or vehicles, or in any circumstance where death, serious injury or damage to property may result. PURE is not suitable for business use of any description, or for tracking persons or equipment, and must not be used for these purposes.
3. CHILDREN AND MINORS NOT TO USE PURE
PURE is not available to and must not be accessed by any person under the age of 18 years in any circumstances. Where the age of majority is 21 years, PURE is not available to and must not be accessed by any person under the age of 21 years in any circumstances. Any person under the age of 18 (or the age of 21 where that is the age of majority) must not view or otherwise use pure, whether directly or indirectly. No person over the age of 18 (or 21 where that is the age of majority) may allow or solicit a minor to view or use PURE in any circumstances whatsoever.
4. AFFIRMATION OF ADULT STATUS
You hereby affirm and warrant that you are over the age of 18 (or 21 where that is the age of majority) and that you have the capacity to lawfully enter into and perform all the obligations contained in this agreement.
5. MODIFICATION OF THIS AGREEMENT
I. We reserve the right at our own discretion to modify, add to, change, or remove parts of this Agreement (including the Acceptability Guidelines) at any time. We will notify you of any such modification, addition, change or removal by sending an e-mail to the last e-mail address provided by you, and/or by posting notice of such alteration on PURE, and you hereby agree that this will constitute effective notice of any such alteration. It will be your responsibility to provide us with an up to date email address, and to check from time to time for changes to the Agreement. Should an email dispatched by us to the last email address provided by you not for any reason reach you, our having dispatched that email will nevertheless constitute effective notice of the changes we were trying to inform you about.
II. Your continuing to use PURE after we have dispatched an email to you containing notice of alterations to the Agreement, or after we have posted notice of such alterations on PURE, constitute binding acceptance by you of those alterations, and agreement that such alterations shall automatically come into effect 30 days after our email giving notice to you was sent, or 30 days after notice of the changes was posted on PURE.
III. For new users of PURE, alterations will be effective immediately.
6. OWNERSHIP OF PURE
I. PURE is owned and operated by Misterico limited. The PURE Software, content, visual interfaces, information, graphics, design, compilation, computer code, products and services including but not limited to the mobile device application and all other elements of PURE (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, as well as international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws.
II. All Materials contained in PURE are the property of Misterico limited, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on PURE are proprietary to Misterico limited. or its affiliates and/or third-party licensors. Unless you are expressly authorized in writing to do so by Misterico limited, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials.
7. ACCEPTABILITY GUIDELINES AND PROHIBITED CONDUCT
I. PURE's Acceptability Guidelines located at pure.app/terms (“the Guidelines”) are hereby incorporated into this Agreement. Under this Agreement you have a duty to familiarize yourself with these Guidelines before posting any photo, text, or links to PURE.
II. You hereby acknowledge and agree that you will comply with these guidelines.
III. Specifically, and without prejudice to any other provision contained in the guidelines, warrant that you will not:
A. Use PURE or any location information obtained from PURE to “stalk”, harass, intimidate, abuse, defame, threaten or defraud other Users. Nor will you collect or attempt to collect or store location or personal information about other Users;
B. Use PURE if you are under the age of 18 years (or 21 years in places where that is the age of majority);
C. Make use of obscene, offensive or pornographic materials, or materials that depict minors or are in any way harmful to minors in your PURE profile page;
D. Use PURE for any commercial or non-private use, or any use incompatible with its intended purpose of personal, non-commercial use only;
E. Send junk mail to other Users of PURE, or make unsolicited offers, advertisements or proposals to them. This includes but is not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests or requests to sign petitions;
F. Use PURE for any illegal purpose, or in violation of any law, whether local, state, national, international or otherwise, including but not limited to laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
G. Access or attempt to access the PURE account of any other User;
H. Impersonate any person or entity, or falsely claim a connection with any person or entity;
I. Make any misrepresentation about the source, identity or content of information transmitted via PURE;
J. Remove, disable, override, circumvent, interfere with or in any way defeat the purpose of security-related features of PURE, or make any attempt to do the same. This includes features that prevent or restrict use or copying of content accessed through PURE, or features that enforce limitations on the use of PURE;
K. Deliberately interfere with or damage the operation of PURE, or any User's enjoyment of PURE, by any means, including but not limited to introducing or knowingly allowing the introduction of any virus, worm, Trojan or other malicious code;
L. Gain or attempt to gain unauthorized access to PURE, or any part of it, or to other accounts, computer systems or networks connected to PURE, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of PURE any activities conducted on PURE;
M. Use or attempt to use any robot, spider, scraper or other automated means to access PURE for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to PURE, or modify PURE in any manner or form, nor to use modified versions of PURE for the purpose of obtaining unauthorized access to PURE or any other purpose;
N. Post, store, transmit or in any way disseminate or allow to be transmitted or disseminated any material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
O. Post, store, transmit or in any way disseminate or allow the transmission or dissemination of any material which infringes any patent, trademark, trade secret, copyright, or any other proprietary or intellectual property right;
P. Use PURE or attempt to use PURE for tracking, locating, navigating or controlling any vehicle or other equipment or machinery, or any person, other than locating another User in the course of the bona fide use of the application in accordance with its intended purpose as set out in this Agreement; or
Q. Use PURE or attempt to use PURE with any products, systems or applications installed or otherwise connected to or in communication with vehicles of any sort;
R. Use PURE in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or of PURE could lead directly to death, personal injury, or severe physical or property damage.
8. USAGE AND TERMINATION OF SERVICE
I. You acknowledge that parts of PURE may be accessed by downloading PURE to a mobile device without the need to register an account. You are responsible for the security of the mobile device on which PURE is installed or used. If you choose to use PURE, buy tickets for PURE or register for an account with PURE, you represent and warrant that: (a) all the registration information you submit is truthful and accurate; and (b) you will keep this information accurate and up to date. You are responsible for maintaining the confidentiality of your PURE login information and for the security of your mobile device, and are fully responsible for all activities that occur under your PURE account. You agree to notify Misterico limited immediately of any unauthorized use, or suspected unauthorized use of your PURE account or any other breach of security. Misterico limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
A. Misterico limited reserves the right (but has no obligation) to monitor any user's use of PURE, including registration attemps, and a user's use of or access to the location information or profiles of other users.
B. Misterico limited also reserves the right to disable any user’s access to PURE, including the location information or requests of other users; or to close any user’s account, for any reason and without any notice.
C. You are solely responsible for your involvement with other Users, and you agree that Misterico limited will not be responsible for any loss or damage suffered as a result of such involvement.
D. Misterico limited reserves the right (but has no obligation) to monitor disagreements between you and other Users.
E. Misterico limited reserves the right (but has no obligation) to monitor the content of meeting requests and communication for any purpose. However, Misterico limited does not control the content of User meeting requests, and you acknowledge that you are solely responsible for all your content or material in your meeting requests.
II. Please note that Misterico limited reserves the right to refuse access to any user for any reason, without notice.
9. CONTENT SUBMITTED BY USERS
A. You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize PURE to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by PURE and this Agreement; and
B.You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by PURE and this Agreement. For clarity, it is confirmed that you all retain all ownership rights in your User Submissions.
C. You understand that when using PURE you will be exposed to User Submissions from a variety of sources, and that Misterico limited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
II. Misterico limited assumes no responsibility whatsoever in connection with or arising from User Submissions. Misterico limited assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Misterico limited chooses, in its sole discretion, to monitor User Submissions, Misterico limited nevertheless does not assume any responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Misterico limited does not endorse and has no control over the content of User Submissions submitted by other Users. Misterico limited makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Misterico limited reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
III. User Submissions are owned by the User who submitted them, subject to Misterico limited's license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
IV. You hereby grant, and you represent and warrant that you have the right to grant to Misterico limited an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in PURE. You agreee to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
V. If you provide any feedback or suggestions to Misterico limited regarding PURE (“Feedback”), you hereby assign to Misterico limited all rights in the Feedback and agree that Misterico limited shall have the right to use such Feedback and related information in any manner it deems appropriate. Misterico limited will treat any Feedback you provide to it as non-confidential and non-proprietary. You agree that you will not submit to Misterico limited any information or ideas that you consider to be confidential or proprietary.
10. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
I. PURE may, solely as a convenience to Users, include links to other web sites or services (“Third Party Websites”). Misterico limited does not endorse any such linked sites or the information, material, products or services contained on such linked sites or accessible through other linked sites. Furthermore, Misterico limited makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
A. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through PURE are solely between you and such advertiser. You agree that Misterico limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on PURE.
B. Parties other than Misterico limited may provide services or sell products through PURE. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses, nor the content of their product and service offerings. Misterico limited does not assume any responsibility or liability for the actions, product, or content of these or any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
C. By your use of third party applications that connect with PURE (“Third Party Applications”), you acknowledge and agree that Misterico limited may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Misterico limited is not responsible for the transmission of the User Submissions from PURE to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third v Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Misterico limited is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Misterico limited also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
Misterico limited and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
12. END USER LICENSES
I. Mobile Device. To use PURE you must have a mobile device that is compatible with the PURE application. Misterico limited does not warrant that PURE will be compatible with your mobile device.
II.License Grant. Subject to the terms of this Agreement, Misterico limited hereby grants you a non-exclusive, non-transferable, revocable license to a compiled code copy of PURE for one account on one mobile device owned or leased solely by you, for your personal, noncommercial use.
A. Restrictions: You may not: (i) modify, disassemble, decompile or reverse engineer PURE, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer PURE to any third party or use PURE to provide time sharing or similar services for any third party; (iii) make any copies of PURE; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of PURE, features that prevent or restrict use or copying of any content accessible through PURE, or features that enforce limitations on use of PURE; or (v) delete the copyright and other proprietary rights notices on PURE.
B. Software Upgrades. You acknowledge that Misterico limited may from time to time issue upgraded versions sof PURE, and may automatically electronically upgrade the version of PURE that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Misterico limited will not be liable to you for any such modifications.
C. Open Source. With respect to any open source or third-party code that may be incorporated in PURE, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
III. Rights Reserved. The foregoing license grant under this Agreement is not a sale of PURE or any copy thereof and Misterico limited or its third party partners or suppliers retain all right, title, and interest in PURE (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Misterico limited reserves all rights not expressly granted under this Agreement.
IV. Trademarks, Service Marks and Logos. The name of this web site is a service mark of Misterico limited. No use of this mark shall be permitted except through the prior written authorization and permission of Misterico limited All rights reserved.
V. Government End Users. If PURE is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of PURE by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
VI. Export Control. PURE originates in the United States, and is subject to United States export laws and regulations. PURE may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the PURE may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of PURE and the PURE Software.
VII. App Stores. You acknowledge and agree that the availability of the PURE Software is dependent on the third party from which you received the PURE Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Misterico limited and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the PURE Software from it. You agree to comply with, and your license to use the PURE Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
13. VIOLATIONS; TERMINATION
You agree that if Misterico limited believes in good faith belief that you have violated any of the terms and conditions of this Agreement, it may terminate any account you have with PURE or your use of PURE or any portion thereof, and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to PURE or any account you may have or portion thereof may be effected without prior notice, and you agree that Misterico limited will not be liable to you or any third-party for any such termination. Misterico limited does not permit copyright infringing activities on PURE, and reserves the right to terminate access to PURE, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of PURE and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Misterico limited may have at law or in equity.
14. ALL WARRANTIES DISCLAIMED
I. PURE (and any third-party software, services, or applications made available in conjunction with or through the pure) are provided “as is”, “as available”, and without warranties of any kind either express or implied. Misterico limited and its suppliers and partners, disclaim all warranties, express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
II. Misterico limited and its suppliers and partners do not warrant that the functions contained in PURE will be uninterrupted or error-free, that defects will be corrected, or that PURE or the server that makes it available are free of viruses or other harmful components.
III. Misterico limited and its suppliers and partners (including third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the PURE software in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not Misterico limited or its suppliers or partners) assume the entire cost of any necessary services or equipment necessary to access pure. you understand and agree that you download or otherwise obtain material or data through the use of PURE at your own discretion and risk.
IV. Certain state laws do not allow limitations on implied warranties. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
15. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Misterico limited (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or PURE generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of PURE to meet another User in-person or to locate and attend any offline place or event. Misterico limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
16. LIMITATION OF LIABILITY AND DAMAGES
I. You acknowledge and agree that under no circumstances, including negligence, will Misterico limited (or its affiliates, contractors, employees, agents, or third-party partners or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use PURE; (c) PURE generally (including the PURE software) or systems that make PURE available; or (d) any other interactions with PURE or any other user of PURE, even if Misterico limited or a Misterico limited authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed in its essential purpose.
II. In no event shall the total liability to you of Misterico limited (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) for all damages, losses, and causes of action arising out of or relating to this agreement or your use of PURE (whether in contract, tort, warranty, or otherwise, including but not limited to negligence), exceed the amounts paid by you for accessing PURE during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater.
III. Applicable law in your state may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that Misterico limited’s liability will be limited to the extent permitted by applicable law in your state.
IV. Certain state laws do not allow limitations on implied warranties. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
17. BENEFIT OF THE BARGAIN
You acknowledge and agree that Misterico limited has offered PURE, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. you further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Misterico limited, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Misterico limited. Misterico limited would not be able to provide PURE to you on an economically reasonable basis without these limitations and disclaimers.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other PURE Users or (2) any third party site, products, services, and links included on or accessed through PURE. If you are a California resident, you hereby waive california civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
19. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
I. It is Misterico limited's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Misterico limited will promptly terminate without notice the accounts of Users that are determined by Misterico limited. to be “repeat infringers”. A repeat infringer is a User who has been notified by Misterico limited of infringing activity violations more than twice and/or who has had a User Submission removed from PURE more than twice.
II. If you are a copyright owner or an agent thereof, and you believe that any content hosted on PURE infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Misterico limited's Designated Copyright Agent with the following information in writing:
A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on PURE are covered by a single notification, a representative list of such works on PURE;
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Misterico limited to locate the material;
D. Information reasonably sufficient to permit Misterico limited to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content”).
III. Misterico limited's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agents
IV. Misterico limited
V. Email: [email protected]
VI. For clarity, only DMCA notices should go to the Misterico limited Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
20. PAYMENTS, CANCELLATION, FINAL SALE
I. Any and all payments made to Misterico limited for use and access to PURE are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within PURE violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.
II. We reserve the right at any time to charge fees for access to any portion or portions of PURE.
I. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any principles of conflicts of law.
II. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or PURE shall be filed only in the state or federal courts in and for County, Delaware and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Misterico limited from seeking injunctive relief in a court of competent jurisdiction.
III. Arbitration. If a dispute arises between you and Misterico limited, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Misterico limited regarding PURE by emailing us at [email protected].
A.You and Misterico limited agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or PURE (a “claim”) in accordance with this Section 23.III)1. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (A) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (B) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (C) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (D) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
B. All claims between you and Misterico limited must be resolved in accordance with this Section. All claims filed or brought contrry to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Misterico limited may recover legal fees and costs up to $1,000, provided that Misterico limited has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Misterico limited file a claim contrary to this Section, you may recover legal fees and costs up to $1,000, provided that you have notified Misterico limited in writing of the improperly filed claim, and Misterico limited fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
IV. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable,, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
V. Notices. Misterico limited may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on PURE.
V. Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Misterico limited without restriction.
VII. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to PURE.
VIII. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Misterico limited as set forth above.
IX. Claims. You and Misterico limited agree that any cause of action arising out of or related to PURE must commence within one (1) year within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
X. Disclosures. The services hereunder are offered by Misterico limited General Inquiries: [email protected].
XI. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using PURE Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to PURE Software from the Apple App Store.
XII. Acknowledgement: Misterico limited and you acknowledge that this Agreement is concluded between Misterico limited and you only, and not with Apple, and that Misterico limited, not Apple, is solely responsible for PURE Software and the content thereof. To the extent this Agreement provides for usage rules for PURE Software that are less restrictive than the Usage Rules set forth for PURE Software in the App Store Terms of Service, or are otherwise in conflict with those Usage Rules, the more restrictive Apple term applies.
XII. Scope of License: The license granted to you for PURE is limited to a non-transferable license to use PURE on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
XIV. Maintenance and Support: Misterico limited is solely responsible for providing any maintenance and support services with respect to PURE, as specified in this Agreement (if any), or as required under applicable law. Misterico limited and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to PURE.
XV. Warranty: Misterico limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of PURE Software to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for PURE to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to PURE , and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole Misterico limited's responsibility.
XVI. Product Claims: Misterico limited and you acknowledge that Misterico limited, not Apple, is responsible for addressing any claims by you or any third party relating to PURE or your possession and/or use of the PURE Software, including, but not limited to: (I) product liability claims; (II) any claim that the PURE Software fails to conform to any applicable legal or regulatory requirement; and (III) claims arising under consumer protection or similar legislation. This Agreement does not limit Misterico limited's liability to you beyond what is permitted by applicable law.
XVII. Intellectual Property Rights: Misterico limited and you acknowledge that, in the event of any third party claim that the PURE Software or your possession and use of the PURE Software infringes that third party’s intellectual property rights, Misterico limited, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
XVIII. Legal Compliance: You 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.
IXX. Developer Name and Address: Misterico limited's contact information for any end-user questions, complaints or claims with respect to the PURE Software is set forth above.
XX. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the PURE Software.
XXI. Third Party Beneficiary: Misterico limited and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Effective Date, August 21, 2013