Terms of Use
1. Introduction
Viaden ( "Viaden", "We", "Us," "Our") delivers Applications for iPhone, iPod Touch, iPad and Android ("Our Products"), and any content, features, functionality and other information and services offered by us or via us through Our Products including, without limitation, viral, embeddable or application/device-based features and related technology, including when accessed via the Internet, mobile or other device (collectively, "Our Services").
2. Intellectual Property
The texts, graphics, designs, logos, button icons, images, data compilations and information ("Content") contained in Our Products and Services are Intellectual Property of Viaden (or belongs to it) and are protected by copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or trademarks of Viaden or are the marks, trade names, trade dress of their respective owners. Depictions of products or services in Our Products and Services are trademarks of their respective owners ("Trademarks") and are protected by copyright law. No use of any Trademarks may be made without the prior written authorization of Viaden or the respective owners of the Trademarks except to identify the products or services associated therewith.
Nothing contained herein shall be construed as conferring any license or right to any patents, copyright or trademark embodied in Our Products and Services. All right, title and interest in the Content and the Trademarks shall reside solely with Viaden or the respective owners thereof.
3. Acceptance of Terms and Conditions
Your use of Our Products and Services indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use Our Products and Services. The use of Our Products and Services is a privilege. Please review these Terms and Conditions each time you use Our Products and Services as they are subject to change at any time by Viaden without notice to you. Any changes to these Terms and Conditions will be effective immediately upon posting to the Our Products and Services.
4. Legality Of Use
You may not use Our Products under any circumstances if you have:
(a) not reached the legal age of capacity required to use Our Products and/or enter into this Agreement, as determined by the law of the jurisdiction in which You reside; By using Our Products, you hereby represent and warrant that: (i) all information contained in any submission by you is either owned by you or rights have been granted to you permitting you to disseminate the information as set forth in these Terms and Conditions; and (ii) the information contained in any submissions by you does not infringe on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You accept full responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim or damage arising from your use of the App, whether or not such use was appropriately supervised and regardless of whether you were negligent in such use. By using Our Products, you attest and verify that you are physically and mentally able to use Our Products, and knowingly accept and are fully aware of all risks associated with their use. We make no representation or warranty regarding the confidentiality of that information. You agree that the best practice would be for you to eliminate any health information from any transmission you make using Our Products and you will therefore exert every effort to eliminate any such information from any such transmission.
5. Disclaimer
Our Services and Products are provided "as is" without any warranties, expressed or implied, including but not limited to the implied warranties of merchantability, used for a particular purpose, or non-infringement. Viaden makes no representation or warranty that the information contained in our Services and/or Products will be current, timely, complete, accurate or error-free. To the extent that the law does not permit the disclaimer of warranties, all content accessible in our services and products, or any other web site to which our services and products link, is warranted only to the minimum amount legally required. In no event shall Viaden be liable to any party for any direct, indirect, special or other consequential damages for any use of this in our services and products, or on any linked web site, including, without limitation, any lost profits, business interruption or otherwise.
Viaden makes no representations regarding: (a) the credentials of anyone using our Services and/or Products as part of any health care or medical plan of care or plan of treatment ("POC"); (b) the suitability of the exercises included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the overall health or medical benefits you might derive from using our services and products or POC which incorporates our services and products.
6. Terms for In-App Purchases
In-App Purchase permits You to receive content, features, functionality and other information and services offered by someone else than Viaden, namely a consumable In-App Purchase, a non-consumable In-App Purchase, an auto-renewable subscription, a Free Subscription, a Non-Renewing Subscription etc. ("In-App Purchase"). Any In-App Purchase received or downloaded or otherwise obtained by You is done at your own discretion and risk that you will be solely responsible for any damage to you, your computer system or other device or loss of data that results from the download of any In-App Purchase.
You understand that Viaden is not responsible for any information that identifies you, such as personal data, financial data that you submit while making an In-App Purchase. You expressly understand and agree that your use of In-App Purchase is made at your sole risk and that services are provided "as is" and "as available".
In particular Viaden does not represent you or warrant to you that: a) Your Use of the In-App Purchase will meet your requirements, b) your use of In-App Purchase will be uninterrupted and timely and without any error, c) any information obtained by you as a result of In-App Purchase use will be accurate and reliable, d) that defect in operation of functionality of any Software that is a part of In-App Purchase will be correct.
You expressly understand and agree that at any time Viaden is entitled to stop providing In-App Purchases fully or partially without prior notice to you. If you do not accept these, you may not use Our Products and Services.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VIADEN HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES AND COSTS INCURRED IN CONNECTION WITH ANY LEGAL ACTION) ARISING OUT OF YOUR BREACH OF THESE TERMS.
7. CHANGES TO THIS TERMS AND CONDITIONS
We reserve the right to modify and amend these Terms and Conditions at any time without prior notice. Such amendments will become effective immediately upon being posted on the Website, whether or not we have notified you of such changes. It is solely Your responsibility to review these Terms and Conditions on a regular basis. You can easily identify whether these Terms and Conditions have changed by referring to the version number and date. You agree to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use Our Products.
8. GOVERNING LAW
These Terms and Conditions and any non-contractual obligations arising in connection with them shall be governed by the US law.
The state and federal courts in Santa Clara County, California, shall have non-exclusive jurisdiction to determine any dispute arising in connection with these Terms and Conditions, including disputes relating to any non-contractual obligations. Nothing in these Terms and Conditions shall prevent Viaden from applying to the courts of any other country for injunctive or other interim relief.
