TERMS
OF SERVICE
Effective
January 31, 2022
SpinPlusLimited
license to You (End-User) , it located and registered at Address Room 1702,
17/F, Hong Kong Trade Centre, Nos. 161-167 Des Voeux Road Central, Hong Kong
(hereinafter: Licensor), for use only under the terms of this License
Agreement.
By
using the company's website or any services, you indicate your agreement to be
bound by all the terms and conditions of this License Agreement and accept this
License Agreement.
SpinPlusLimited,
is solely responsible for the licensed Strives and the content thereof.
All
rights not expressly granted to You are reserved.
1. COMPANY BUSINESS
Our
business is not customized for specific industry regulations (such as the
Health Insurance Portability and Accountability Act (HIPAA), the Federal
Information Security Management Act (FISMA), etc.), so if your interactions are
subject to such laws, you should not use this business. The use of this service
is also governed by the privacy policy and other related policies.
2. SCOPE OF LICENSE
You are granted a non-transferable,
non-exclusive, and non-sublicensable license to use the service on any products
that you (the end user) own or control, in accordance with the permitted usage
rules outlined in this section, provided that the authorized strives can be
accessed and used via family sharing or volume purchase by other accounts
associated with you (the end user, purchaser).
This license also covers any updates provided
by the licensor that replace, fix, and/or supplement the original version of
the service, unless a separate license is provided for such updates; in which
case, the terms of the new license will apply.
You may not share or provide this service to
third parties (unless prior written consent is obtained from SpinPlus Ltd.),
nor may you sell, lease, loan, rent, or otherwise redistribute the service.
You may not reverse engineer, translate,
disassemble, integrate, decompile, merge, remove, modify, combine, create
derivative works, or update, adapt, or attempt to derive the source code of the
service or any part thereof (unless you have obtained prior written consent
from SpinPlus Ltd.).
You may not copy (unless explicitly
authorized by this license and the usage rules) or alter the service or any
part of it. You may create and store backup copies only on devices that you own
or control, in accordance with this license and any other terms and conditions
applicable to the device or software used. You may not remove any intellectual
property notices. You acknowledge that unauthorized third parties cannot access
these copies at any time.
Violating the obligations set forth above and
attempting to infringe upon those obligations may result in prosecution and
claims.
The licensor reserves the right to modify the
terms and conditions of the license.
Nothing in this license shall be construed as
limiting third-party terms. When using the strives, you must ensure compliance
with applicable third-party terms and conditions.
You may need to choose a password for your
account, or you may use other credentials to access the account (“login
information”). You must not share your account or login information, nor allow
others to access your account or engage in any activity that may compromise the
security of your account. If you discover or reasonably suspect any security
breach, including but not limited to loss, theft, or unauthorized disclosure of
login information, you must promptly notify us and modify your login information.
You are fully responsible for maintaining the confidentiality of your login
information, and you will be responsible for all activities that occur under
your login information, whether or not authorized by you. You are responsible
for everything that happens through your account. SpinPlus Ltd. reserves the
right to delete or reclaim any username at any time and for any reason,
including but not limited to situations where a third party claims that a
username infringes their rights.
3. TECHNICAL REQUIREMENTS
The licensor strives to keep the service
updated to ensure compatibility with modified firmware versions and new
hardware. You do not have the right to request such updates.
You acknowledge that it is your
responsibility to confirm and determine that the end-user devices you intend to
use the service with meet the aforementioned technical specifications.
The licensor reserves the right to modify the
technical specifications as needed at any time.
4. MAINTENANCE AND SUPPORT
The licensor is solely responsible for
providing any maintenance and support services for the authorized service. You
can contact the licensor via email.
5. USER GENERATED CONTRIBUTIONS
The
strives does not offer users to submit or post content. We may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the Strives,
including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Strives and through third-party websites or strivess. As
such, any Contributions you transmit may be treated in accordance with the Strives
Privacy Policy. When you create or make available any Contributions, you
thereby represent and warrant that:
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You
are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Strives,
and other users of the Strives to use your Contributions in any manner
contemplated by the Strives and these Terms of Use.
- You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Strives
and these Terms of Use.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or rule.
- Your
Contributions do not violate the privacy or publicity rights of any third
party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your
Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any
use of the Strives in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your rights
to use the Strives.
6. CONTRIBUTION LICENSE
You
agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By
submitting suggestions of other feedback regarding the strives, you agree that
we can use and share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area in the Strives. You are solely responsible for your Contributions to the Strives
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
7. LIABILITY
- Licensor's
responsibility in the case of violation of obligations and tort shall be
limited to intent and gross negligence. Only in case of a breach of
essential contractual duties (cardinal obligations), Licensor shall also
be liable in case of slight negligence. In any case, liability shall be
limited to the foreseeable, contractually typical damages. The limitation
mentioned above does not apply to injuries to life, limb, or health
- Licensor
takes no accountability or responsibility for any damages caused due to a
breach of duties according to Section 2 of this Agreement. To avoid data
loss, You are required to make use of backup functions of the strives to
the extent allowed by applicable third-party terms and conditions of use.
You are aware that in case of alterations or manipulations of the strives,
You will not have access to licensed strives.
8. WARRANTY
- Licensor
warrants that the strives is free of spyware, trojan horses, viruses, or
any other malware at the time of Your download. Licensor warrants that the
strives works as described in the user documentation.
- No
warranty is provided for the strives that is not executable on the device,
that has been unauthorizedly modified, handled inappropriately or
culpably, combined or installed with inappropriate hardware or software,
used with inappropriate accessories, regardless if by Yourself or by third
parties, or if there are any other reasons outside of SpinPlusLimited's
sphere of influence that affect the executability of the strives.
- You
are required to inspect the strives immediately after installing it and
notify SpinPlusLimited about issues discovered without delay by e-mail
provided in Product Claims. The defect report will be taken into
consideration and further investigated if it has been mailed within a
period of ninety (90) days after discovery.
- If
we confirm that the strives is defective, SpinPlusLimited reserves a
choice to remedy the situation either by means of solving the defect or
substitute delivery.
- If
the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the strives
was made available to the user. The statutory periods of limitation given
by law apply for users who are consumers.
9. PRODUCT CLAIMS
SpinPlusLimited
and the End-User acknowledge that SpinPlusLimited, is responsible for
addressing any claims of the End-User or any third party relating to the
licensed strives or the End-User’s possession and/or use of that licensed strives,
including, but not limited to:
- product
liability claims;
- any
claim that the licensed strives fails to conform to any applicable legal
or regulatory requirement
10. LEGAL COMPLIANCE
You
represent and warrant that 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 that You are not listed on
any U.S. Government list of prohibited or restricted parties.
For
general inquiries, complaints, questions or claims concerning the licensed Strives,
please contact:
SpinPlusLimted@outlook.com
12. TERMINATION
The
license is valid until terminated by SpinPlusLimited or by You. Your rights
under this license will terminate automatically and without notice from
SpinPlusLimited if You fail to adhere to any term(s) of this license. Upon
License termination, You shall stop all use of the Strives, and destroy all
copies, full or partial, of the strives.
13.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
SpinPlusLimited
represents and warrants that SpinPlusLimited will comply with applicable
third-party terms of agreement when using licensed Strives.
14. INTELLECTUAL
PROPERTY RIGHTS
SpinPlusLimited
and the End-User acknowledge that, in the event of any third-party claim that
the licensed Strives or the End-User's possession and use of that licensed strives
infringes on the third party's intellectual property rights, SpinPlusLimited ,
and not Apple, will be solely responsible for the investigation, defense,
settlement and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This
license agreement is governed by the laws of the State of California excluding
its conflicts of law rules
16. MISCELLANEOUS
If
any of the terms of this agreement should be or become invalid, the validity of
the remaining provisions shall not be affected. Invalid terms will be replaced
by valid ones formulated in a way that will achieve the primary purpose.
Collateral
agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.