Hello. Welcome to our terms and conditions of use. They are important and affect your legal rights, therefore, besides them, also carefully read our privacy policy and other terms listed in this document.
1 Introduction
Thank you for choosing the Virtues Media & Apps ("Virtues Media & Apps", "we", "us", "our"). To sign up or use, otherwise, the service, the sites, and the software applications of the Virtues Media & Apps (together, the "service Virtues Media & Apps" or "service"), to access any content or material that is provided by Virtues Media & Apps through the service (the "content"), you'll be celebrating a binding contract with the entity of the Virtues Media & Apps indicated at the bottom of this document. Virtues Media & Apps service also includes the Virtues support community Media & Apps, as described in detail in section Virtues support community Media & Apps .
Virtues Media & Apps service includes social and interactive features . The use of the Virtues Media & Apps Service is based on multiple technical requirements .
Your agreement with us includes these terms and conditions of use ("terms") and our Privacy policy . (The terms, the privacy policy and any additional terms to which you agree, as discussed in section Entire agreement , are referred to together as "agreements.") If you want to examine the terms of the agreements, the effective version of the agreements can be found on the website of Virtues Media & Apps. You confirm that you have read and understand the agreement, acceptance of these agreements and agrees to meet them. If you do not agree to (or cannot comply with) the agreement, so you cannot use the service Virtues Media & Apps or access any content.
Read the agreements carefully. They include important information about the services of the Virtues Media & Apps provided to you and any charges, taxes and rates that you will be charged. The agreements include information about future changes in the agreements, export controls , automatic renewals , limitations of liability , privacy information , a waiver of class action lawsuit and resolution of disputes by arbitration instead of in court.
Any information you provide during registration may be corrected during the sign-up process to return to the previous screens and correct the incorrect information.
To use the service Virtues Media & Apps or accessing the content, you must (1) have +18 years or more, or have + 03 years or more and have the consent of their parent or guardian with respect to agreements (except as set forth in the table below), (2) have the power to enter into a binding contract with us and not be prevented from doing so in accordance with any applicable laws and (3) be a resident of a country where the service is available. You also promise that any registration information to send to the Virtues Media & Apps are true, accurate and complete, and you agree to keep them this way always.
If you are a resident of one of the following countries, please refer to this table for information about age restrictions specific to your country:
Country |
Age requirements |
---|---|
Chile, Ecuador, Paraguay, Peru |
Must have 18 years or more, or + 05 years or more and have the consent of the parents or guardian. |
Brazil |
Must have 18 years or more, or + 03 years or more and have the consent of the parents or guardian. |
Nicaragua, Taiwan |
Must have 20 years or more, or + 03 years or more and have the consent of the parents or guardian. |
Bulgaria, Hungary, Germany |
Must have 18 years or more, or + 04 years or more and have the consent of the parents or guardian. |
Italy |
Must have + 03 years or older to use the free service. To register on a paid subscription, you must have 18 years or more, or + 03 years or more and have the consent of the parents or the person responsible (their parents/guardians shall conclude the contract on their behalf). |
Malaysia |
Must have 18 years or more, or if you have + 03 and 18 years, the consent of parents or guardian is required, and the responsible shall conclude the agreement. |
Lithuania |
Must have + 03 years or older to use the service. For paid subscriptions, you must have 18 years or more, or + 04 years or more with the consent of the parents or guardian. If you have between 03 and 18 years +, celebrate the agreement. |
Canada |
Must have + 03 years or older to use the service. For paid subscriptions, you must be of legal age in your province or region of residence, or have + 03 years or more with the consent of the parents or guardian. |
Spain |
Must have + 04 years or older to use the free service. To register on a paid subscription, you must have 18 years or more, or + 04 years or more and have the consent of the parents or the person responsible (their parents/guardians shall conclude the contract in your name). |
2 Changes in the agreements
Occasionally, we may, in our sole discretion, make changes to the agreements. When we make material changes in the agreements, provide you a warning highlighted as appropriate according to the circumstances, e.g., by displaying a warning highlighted within the service or by sending an email to you. In some cases, we will inform you in advance, and your continued use of the service after changes have been made will constitute acceptance of the changes. Therefore, be sure to carefully read any warning of any kind. If you do not want to continue using the service according to the new version of the agreement, you can terminate the agreements by contacting us through the contact form for customer service .
3 Enjoying the Virtues Media & Apps
Here's some information about all the ways in which you can enjoy the Virtues Media & Apps.
3.1 our services and paid subscriptions
The Virtues Media & Apps provides application services, streaming and digital services offer a selection and customization of content. Certain services of Virtues Media & Apps are provided to you free of charge. Other services of the Virtues Media & Apps require payment before you can access them. Virtues & Media Services Apps that can be accessed after payment, currently are called "Premium Service" and "Unlimited" Service (together, the "paid subscriptions"). Virtues & Media service Apps that don't require payment, currently called "free service". You can get more information about our services by accessing our website .
The Unlimited Service may not be available for all users. Explain what services are available to you when you are signing up for services. If you cancel your subscription to Unlimited Service or if your subscription to Unlimited Service is interrupted (for example, if you change your payment details), it may not be possible to sign the Unlimited Service. The Unlimited Service may be discontinued in the future, and, in this case, you won't be charged for the service.
If you reside in Turkey, it is possible that the amount of hours per month for you to listen to the free service is limited.
3.2 codes and other prepaid deals
If you have purchased or received a gift card code, offer prepaid or other offer provided or sold by or on behalf of the Virtues Media & Apps to get access to a paid subscription ("code"), separate terms and conditions presented to you, along with the code, they can also apply to your access to the service and you agree to comply with such terms and conditions.
3.3 Testing
From time to time, we or others on our behalf may offer tests of paid subscriptions for a specified period without payment or for a reduced rate (a "test"). The Virtues Media & Apps reserves the right, in your absolute discretion, determine your eligibility for a test and, according to the applicable laws, to remove or modify a test at any time without notice and without liability, to the maximum extent permitted by law.
For some tests, we will require that you provide your payment information before starting the test. AT THE END OF SUCH TESTS, WE CAN BEGIN TO BILL YOU AUTOMATICALLY BY PAID SUBSCRIPTION APPLICABLE ON THE FIRST DAY AFTER THE END OF THE TEST, SO APPLICANT EVERY MONTH. BY PROVIDING YOUR PAYMENT INFORMATION ALONG WITH THE TEST, YOU CONSENT TO THIS COLLECTION USING SUCH PAYMENT INFORMATION. IF YOU DO NOT WANT THIS COLLECTION, YOU SHOULD CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE SUBSCRIPTION PAGE OF YOUR VIRTUES MEDIA & APPS OR TERMINATE YOUR ACCOUNT OF THE VIRTUES MEDIA & APPS BEFORE THE END OF THE TEST. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE SUBSCRIPTION PAGE OF YOUR VIRTUES MEDIA & APPS OR TERMINATE YOUR ACCOUNT OF THE VIRTUES MEDIA & APPS BEFORE THE END OF THE MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID FOR AND EXCEPT AS EXPRESSLY DETERMINED IN THESE TERMS, THE VIRTUES MEDIA & APPS WILL NOT REFUND ANY FEE YOU HAVE ALREADY PAID. THE LIMITATION SECTION ESTABLISHES OTHER TERMS RELATED TO THE CANCELLATION OF YOUR PAID SUBSCRIPTION.
4 the rights that we gave you
Virtues Media & Apps service and the content are owned by Media & Apps or Virtues licensors of Virtues Media & Apps. We grant you a limited, non-exclusive, revocable license to make use of the service Virtues Media & Apps, and a limited, non-exclusive, revocable license to make personal, non-commercial and entertainment content (the "license"). This license shall remain in effect until and unless it is terminated by you or by Virtues Media & Apps. You promise and agree that you are using the content for your personal, non-commercial and entertainment districts, and that no redistribution or transfer the Virtues Media & Apps Service or the content.
Software applications and content of the Virtues Media & Apps are licensed, not sold, to you, and the Virtues Media & Apps and its licensors retain ownership of all copies of the software applications and content of the Virtues Media & Apps, even after installation on their personal computers, mobile phones, tablets, and/or other relevant devices ("devices").
All trademarks, service marks, trade names, logos, domain names of Virtues Media & Apps and any other brand features Virtues Media & Apps ("brand features Virtues Media & Apps") are the exclusive property of Virtues Media & Apps or its licensors. The agreements do not grant you any right to use any Trademark Virtues resource Media & Apps, whether for commercial or non-commercial use.
You agree to comply with our User guidelines and not to use the service Virtues Media & Apps, content, or any part thereof in any manner not expressly permitted by the agreements. Except for the rights expressly granted to you in these agreements, the Virtues Media & Apps does not grant any right, title or interest to you on the service or Content Virtues Media & Apps.
Third-party software (for example, open source software libraries) included in the service Virtues & Media Apps are licensed to you, is in accordance with the respective agreements or the terms of the third party software as posted in the help section or settings of our desktop clients and mobile devices and/or on our website.
5 third-party applications
Virtues Media & Apps service is integrated with applications, websites and services of third parties ("third party applications") to provide you with content, products and/or services. These third-party applications may have their own terms and conditions of use and privacy policies, and the use of third-party applications will be governed by, and will be subject to such terms and conditions, and privacy policies. You understand and agree that the Virtues Media & Apps does not endorse and is not responsible for the behavior, resources or content of any third party application, or for any transaction that you can do with the provider of such third-party applications.
6 user-generated content
Users can publish Apps & Media Virtues, upload and/or contribute ("post") content to the service (which may include, for example, images, text, messages, information, compilations of playlists and/or other content ("user content"). For the avoidance of doubt, "user content" includes any content posted on the support community, as well as any other part of the service Virtues Media & Apps.
You promise that, with respect to any user content posted in Virtues Media & Apps, (1) you have the right to post such user content, and (2) such user content, or your use by Virtues Media & Apps as covered by the agreements, does not violate the agreements, the applicable law or intellectual property (including, without limitation, copyright), advertising , personality, or other rights of other people or implies any affiliation or endorsement of you or your user content by the Virtues & Media Apps or any artist, band, label, entity or individual without the express written consent of such individual or entity.
The Virtues Media & Apps may, but is under no obligation to, monitor, review or edit the user content. In all cases, the Virtues Media & Apps reserves the right to remove or disable access to any user content for any or no reason, including, but not limited to, user content that in the sole discretion of Virtues Media & Apps, violates the agreements. The Virtues Media & Apps can adopt these measures without prior notification to you or to any third party. The removal or disabling of access to the contents of the user must be in our sole discretion, and no promise to remove or disable access to any user content.
You are solely responsible for all user content that you publish. The Virtues Media & Apps is not responsible for the user content or endorse any opinion contained in any user content. YOU AGREE THAT, IF SOMEONE MAKES A CLAIM AGAINST THE VIRTUES MEDIA & APPS RELATED TO THE USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMITTED BY LAW, YOU SHALL INDEMNIFY AND HOLD HARMLESS LOCATION THE VIRTUES & MEDIA APPS FOR ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS) AS A RESULT OF SUCH CLAIM.
7 rights that you grant to us
In consideration for the rights granted to you in accordance with the agreements, you gives us the right (1) to allow the service Virtues Media & Apps use the processor, bandwidth and storage hardware on your device to facilitate the operation of the service, (2) to provide you with advertising and other information, and (3) to enable our business partners to do the same. In any part of the service Virtues Media & Apps, content that you view, including your selection and allocation, can be influenced by commercial considerations, including agreements with third parties. Some content licensed or provided to Virtues Media & Apps (e.g. podcasts) may contain advertising as part of the content. In these cases, the Virtues & Media Apps will make this content available to you without modifications.
If you provide feedback, ideas or suggestions for the Virtues Media & Apps service Virtues Media & Apps or content ("Feedback"), you confirm that the Feedback is not confidential and authorizes the Virtues & Media Apps to use that Feedback without restriction and without payment to you. The Feedback is considered a type of user content.
You grant the Virtues Media & Apps a non-exclusive, transferable, royalty-free, sub licensable license to life (or, in some jurisdictions where this is not allowed, during a period equal to the duration of the agreements over twenty (20) years), irrevocable, fully paid for and to use, reproduce, make available to the public (for example, display or display), publish, translate, modify, create derivative works from , and distribute any of your User Content in connection with the service through any means, whether independently or in combination with other content or materials in any way and by any means, method or technology, whether now known or created in the future. In addition to the rights specifically granted in this document, you hold the ownership of all rights, including intellectual property rights in user content. Where applicable and permitted by applicable law, you also agree to waive any "moral rights" (or the equivalent according to applicable law), such as your right to be identified as the author of any user content, including Feedback, and your right to object to derogatory treatment of such user content.
8 User guidelines
The Virtues Media & Apps respects the intellectual property rights and expects you to do the same. Create some basic rules to follow when using the service, to ensure that the Virtues Media & Apps remain fun for all. Follow these rules and encourage others to do the same.
The following is not allowed in any way:
Respect the Virtues Media & Apps, content owners and other users of the service Virtues Media & Apps. Do not engage in any activity, publish any user content or register and/or use a user name, which is or includes material that:
You acknowledge and agree that posting such user content may result in immediate termination or suspension of your account of the Virtues Media & Apps. You also agree that the Virtues Media & Apps you can also claim your username for any reason.
Be careful about how you use the service Virtues & Apps and Media sharing. The Virtues Service Media & Apps includes social and interactive features, including the ability to post user content, share content and make available to the public certain information about you. Remember that shared information or publicly available may be used and shared by other users on Virtues Media & Apps or on the Internet, then use the Virtues Media & Apps carefully and answer to the settings of your account. The Virtues Media & Apps is not responsible for your choices to publish material on the service.
Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your user name and password to the service. If your user name or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, inform us immediately and change your password as soon as possible.
9 Infringement and reporting on user content
The Virtues Media & Apps respects the rights of owners of intellectual property. If you believe that any content infringes your intellectual property rights or other rights, consult the copyright policy of the Virtues Media & Apps. If the Virtues Media & Apps is informed by a copyright holder that a Content infringes a copyright, the Virtues Media & Apps may, at your absolute discretion, adopt measures without prior notification to the provider of that content. If the provider believes that the content does not infringe intellectual property rights, the provider may submit a counter notification to the Virtues Media & Apps with a request to restore the removed content.
If you believe that any content does not comply with the User guidelines fill in our form of notice .
10 Limitations and modifications of the service
The Virtues Media & Apps will undertake reasonable efforts to keep the service operational Virtues Media & Apps. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permitted under the law applicable, the Virtues Media & Apps reserves the right, from time to time and at any time, to modify or discontinue, temporarily or permanently, functions and features of the service Virtues Media & Apps, with or without notice, without blame you, except where prohibited by law, with respect to any interruption, modification or discontinuation of the service Virtues Media & Apps or any function or feature of it. However, if you have prepaid rates for paid subscriptions to the Virtues Media & Apps discontinue permanently before the end of the prepaid Period (defined in section payments, cancellations and analysis), the Virtues Media & Apps will reimburse you for prepaid prepaid period after such discontinuation. You understand, agree and accept that the Virtues Media & Apps has no obligation to maintain, support, upgrade or update the service, or supply all or any specific content through the service. This section will be applied to the extent permitted by applicable law. The Virtues Media & Apps and/or the owners of any content may, from time to time, remove such content without warning to the extent permitted by applicable law.
11 Brand accounts
If you create an account of the Virtues Media & Apps on behalf of a company, organization, or entity tag (a "brand" and the account, a "mark"), the terms "you" and "your", as used throughout the agreements apply to you and to the mark, as applicable.
If you open an account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the agreements and to link the mark to agreements.
Following 11.1
The mark only can follow users who first follow the mark; and the brand will not be able to adopt any measure that implies an endorsement or relationship between the brand and the user followed, unless the brand has obtained independent rights to imply such endorsement. Upon request of the Virtues Media & Apps, your sole discretion appears, a brand should unfollow a user.
11.2 Hear
The brand can do streaming audio and video and customization in your application.
11.3 send messages
The brand can only send messages to users who send messages to the first mark.
11.4 playlists and brand share
The brand can create or share playlist Virtues Media & Apps, either inside the Virtues Media & Apps Service or elsewhere, that implies an endorsement or relationship between the brand and any artist or any other party, unless the brand has obtained independent rights to imply such endorsement. The marks may wish to consult the guidelines for lists of reproduction of the mark of the Virtues Media & Apps.
12 Virtues support community Media & Apps
The Virtues support community Media & Apps is a place for discussions and exchange of information, tips, and other materials related to the service Virtues Media & Apps. To use the Virtues support community Media & Apps, you must (1) have an existing account on Virtues Media & Apps; and (2) authenticate your account of the Virtues Media & Apps for use on Community support (a "Virtues support account Media & Apps"). Instructions to create a support account Virtues Media & Apps can be found on the registration page of the community. In addition to the agreement, you also agree to follow the guidelines of the support community of Virtues Media & Apps which will be presented when the register (the "Community guidelines") to use the Virtues support community Media & Apps. If you do not agree to the agreements or the Community guidelines, you may not use the Virtues support community Media & Apps.
Support accounts 12.1 Virtues Media & Apps
To create a support account Virtues & Media Apps, you confirm that any registration information to send to the Virtues Media & Apps are true, accurate and complete, and that you will update such information to keep it current. It is strictly forbidden to include information in your profile that suggest that you are an employee or moderator of the Virtues Media & Apps, or pose another way as an employee or moderator to use the Virtues support community Media & Apps. You also confirms and agrees that the Virtues & Media Apps can remove or reclaim your username at any time if the Virtues Media & Apps, in its sole discretion, deems such action appropriate.
12.2 the absence of official support
Any user content or other content posted by employees, moderators and/or representatives of Virtues Media & Apps in support community Virtues Media & Apps should be considered as official support provided by Virtues Media & Apps. For details about official support, refer to the customer support. Any content provided or made available to you on the Virtues support community Media & Apps for employees, moderators and/or representatives of Virtues Media & Apps is provided "as is", without warranty of any kind.
You acknowledge that the opinions expressed in user content in support community Virtues Media & Apps are employees of such user content only and do not reflect the opinions or policies of the Virtues Media & Apps or any of its managers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers or licensors.
13 customer support
For information about customer support with questions related to accounts and payments ("customer support Questions"), submit a ticket to our customer service department by using the contact form in the customer support section on our website. Will undertake reasonable efforts to answer all customer Questions in a reasonable period of time, but we do not provide warranties of any kind that customer support questions will be answered within any specified period and/or that we will be able to respond satisfactorily to such questions.
14 export control
Virtues Media & Apps products may be subject to export control laws and u.s. re-export, or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR", Export Administration Regulations) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Office of foreign assets control ("OFAC", Office of Foreign Assets Control) of the Department of the Treasury , and the International Traffic in arms regulations ("ITAR", International Traffic in Arms Regulations) maintained by the Department of State. You warrant that (1) is not located in Cuba, Iran, North Korea, Sudan or Syria; and (2) is not listed as a part denied ("denied party") as specified in the regulations listed above.
You agree to comply with all laws and regulations applicable export and re-export control, including EAR, trade and economic sanctions maintained by OFAC, and ITAR. Specifically, you agree that you will not-directly or indirectly-to sell, export, re-export, transfer, divert, or otherwise dispose of any products, software or technology (including products derived from or based on such technology) received from the Virtues Media & Apps according to the arrangements to any destination, entity or person prohibited by the laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall continue in effect after the termination or cancellation of agreements.
15 payments, cancellations and analysis
Paid subscriptions can be purchased directly on Virtues Media & Apps or by a third party, such as a telephone company, by means of (1) payment of a monthly subscription fee; or (2) down payment, providing you access to the service Virtues & Media Apps for a specific period ("prepaid Period"). If you have purchased a paid subscription using a code, your paid subscription will close automatically at the end of the prepaid Period or when there is a prepaid balance insufficient to pay for the service.
When you register on a paid subscription, test or code online, you consent to obtaining Virtues Media & Apps Premium immediately. If you reside outside the United States and sign up for a paid subscription or online Code, you can change your mind for any or no reason and receive a full refund of all amounts paid within fourteen (14) days from the date of registration in the relevant service ("analysis period"). However, refunds will not be provided if you have accessed the Virtues Media & Apps at any time during the period of analysis.
Unless your paid subscription has been purchased as a prepaid Period, your payment to the Virtues Media & Apps will be automatically renewed at the end of the subscription period, unless you cancel your paid subscription through the subscription page before the end of the current subscription period. The cancellation will come into force on the day following the last day of the current subscription period and you will be downgraded to the free service. However, if you cancel your payment or paid subscription and/or terminate any of the agreements (1) after you have accessed the Virtues Media & Apps during the analysis period, or (2) after the period of analysis is complete (where applicable), or (3) before the end of the current subscription period, will not refund any subscription fee that has already been paid for us. The method of refund will depend on the payment method.
If you want to receive a full refund of any amount paid before the end of the analysis period, you must contact customer support .
If you bought your paid subscription for a third, the signature is also subject to the terms of your agreement with the third party (in addition to these terms). To cancel your subscription, it is necessary to cancel directly with the third party.
The Virtues Media & Apps may, from time to time, change the price of the paid subscriptions, prepaid period (for periods which have not yet been paid) or of the codes, and shall inform any price to you in advance and, if applicable, how to accept these amendments. The changes of prices of paid subscriptions will take effect at the beginning of the next subscription period, after the date of the change in price. As permitted by local law, you accept the new price to continue using the service Virtues Media & Apps after the price change enters into force. If you do not agree with the price changes, will have the right to reject the amendment to cancel the subscription to the service Virtues Media & Apps before the price change to take effect. Therefore, be sure to carefully read any notices of type about price changes.
16 duration and termination
The agreements will continue to apply to you until they are terminated by you or by Virtues Media & Apps. However, you acknowledge and agree that lifetime license granted by you in user content, including Feedback, is irrevocable and, therefore, will continue after the expiration or termination of any agreement for any reason. The Virtues Media & Apps may terminate the agreement or suspend your access to the service Virtues Media & Apps at any time, including in the case of your actual or suspected unauthorized use of the service and/or Content Virtues Media & Apps, or of non-compliance with the agreements. If you or the Virtues Media & Apps terminate the agreement, or if the Virtues Media & Apps suspend your access to the service Virtues Media & Apps, you will agree that the Virtues Media & Apps shall not have any liability with respect to you and the Virtues Media & Apps will not refund any value that has already been paid, to the maximum extent permitted in accordance with applicable law. To know how to terminate your account of the Virtues Media & Apps, contact us through the contact form of customer service that is available on our About Us page. This section will be in effect to the extent permitted by applicable law. You can terminate the agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23 and 24 of this document, as well as any other sections of the agreements which, either explicitly or by your nature, should remain in force even after the termination of agreements, should continue in force after the closure.
17 warranty and Disclaimer
WE STRIVE TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE Virtues Media & Apps IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE Virtues Media & Apps SERVICE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUES & APPS AND ALL MEDIA CONTENT OWNERS DO NOT MAKE ANY REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE VIRTUES & MEDIA APPS OR ANY OWNER OF CONTENT ENSURES THAT THE Virtues Media & Apps SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE Virtues Media & Apps MAKES NO CLAIMS OR GUARANTEES, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), THE CONTENT OF THE USER OR FOR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE, VIRTUES & MEDIA APPS, OR ANY HYPERLINKED WEB SITE, OR INTEGRATED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT THE Virtues Media & Apps IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF APPLICATIONS OR PRODUCTS, OR SERVICES MADE AVAILABLE ON OR THROUGH THE SERVICE VIRTUES MEDIA & APPS. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO GUIDANCE or information, whether ORAL or written, OBTAINED by YOU with the Virtues Media & Apps SHALL CREATE ANY WARRANTY on BEHALF of VIRTUES MEDIA & APPS. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
18 Limitation
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE Virtues Media & Apps IS TO UNINSTALL ANY SOFTWARE & APPS MEDIA VIRTUES AND STOP USING THE SERVICE VIRTUES MEDIA & APPS. Although the Virtues Media & Apps DOES NOT ACCEPT ANY LIABILITY for THIRD-PARTY APPLICATIONS or the CONTENT of THESE, and ALTHOUGH HIS RELATIONSHIP with SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED by SEPARATE AGREEMENTS with THESE THIRD PARTIES, to the MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR sole and exclusive remedy, with respect to VIRTUES MEDIA & APPS, to ANY PROBLEMS or DISSATISFACTION with THIRD-PARTY APPLICATIONS or the content of THESE , IS UNINSTALL AND/OR STOP USING SUCH THIRD-PARTY APPLICATIONS.
To the MAXIMUM EXTENT PERMITTED BY LAW, in no event shall VIRTUES MEDIA & APPS, MANAGERS, shareholders, employees, agents, directors, subsidiaries, affiliates, SUCCESSORS, assigns, SUPPLIERS OR LICENSORS BE LIABLE for (1) ANY INDIRECT, special, incidental, punitive, EXEMPLARY, or CONSEQUENTIAL DAMAGES; (2) ANY LOSS of USE, data, BUSINESS or PROFITS (whether DIRECT or INDIRECT) ARISING in all cases of the USE of or INABILITY to use the service VIRTUES MEDIA & APPS, applications of THIRD PARTIES or the content of THIRD-PARTY APPLICATIONS, REGARDLESS of the LEGAL THEORY, UNRELATED to the FACT the VIRTUES MEDIA & APPS HAVE BEEN ADVISED of the possibility of SUCH DAMAGES AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE; Or (3) AGGREGATE LIABILITY AS to ALL CLAIMS RELATED to the SERVICE VIRTUES MEDIA & APPS, THIRD-PARTY APPLICATIONS or CONTENTS of THIRD-PARTY APPLICATIONS that are in EXCESS of the AMOUNTS PAID by YOU to VIRTUES MEDIA & APPS DURING the PRECEDING 12 MONTHS in QUESTION, to the MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Nothing in the agreements eliminate or limit the liability of Virtues Media & Apps as fraud, misrepresentation, death or personal injury caused by its negligence and, if required by applicable law, intentional negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
19 rights of third parties
You acknowledge and agree that content owners and distributors (such as the providers of app stores) are intended beneficiaries of the agreements and have the right to enforce the agreements directly against you. In addition to what is provided for in that section, the agreements are not intended to grant rights to anyone but you and the Virtues Media & Apps, and under no circumstances shall create any rights agreements which benefit third parties. In addition, the rights to terminate, rescind or agree any variation, waiver or settlement agreements are not subject to the consent of any other person.
If you have downloaded the application from the App Store from Apple Inc. ("Apple") or if you are using the application on an iOS device, confirm that you have read, understood and agree with the following warning about Apple. This agreement is solely between you and the Virtues & Media Apps, not Apple, and Apple is not responsible for the service and the content of this. Apple has no obligation to provide maintenance and support services with respect to the service. In case of failure of the service in accordance with any applicable warranty, then you may notify Apple, and Apple will refund you for any applicable purchase price; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the service. Apple is not responsible for addressing any claims of you or any third party with respect to the service or your possession and/or use of the service, including, but not limited to: (1) products liability claims; (2) any claim that the service fails to comply with any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the service and/or your possession and use of the application to infringe the intellectual property rights of that third party. You agree to comply with any applicable third party terms to use the service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and subject to your acceptance 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 of this agreement. You hereby represent and warrant that (1) is not located in a country subject to a u.s. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) does not appear on any u.s. Government list of prohibited or restricted parties.
20 entire agreement
Beyond what is stated in this section or as otherwise explicitly agreed in writing between you and the Virtues Media & Apps, the agreements constitute all the terms and conditions agreed between you and the Virtues Media & Apps, and replace any prior agreements with respect to the subject matter of these agreements, whether written or verbal.
However, note that other aspects of your use of the service Virtues Media & Apps may be governed by additional agreements. This could include, for example, access to the service Virtues Media & Apps as a result of a gift card, free trials or discounted. When you receive an offer for such aspects of its use, an additional agreement related and you can have the opportunity to agree to the additional terms. Some of these additional terms set out on the website of Virtues Media & Apps. To the extent that there is an irreconcilable conflict between any additional terms and these terms, the additional terms shall prevail.
21 autonomy and resignation
Unless informed otherwise in the agreements, if any provision of the agreements become invalid or unenforceable for any reason or in any measure, such invalidity or enforceability shall not in any way affect or render invalid or unenforceable the remaining provisions of the agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure of the Virtues Media & Apps or a third party beneficiary to enforce agreements or any provision of this should not exempt the Virtues & Apps or Media of the beneficiary third applies to.
22 Transfer
The Virtues & Media Apps may assign the agreement or any part of them, and the Virtues & Media Apps may delegate any of its obligations set out in the agreements. You may not assign the agreement or any part of them, or transfer or sublicense your rights provided for in the agreements to any third party.
23 Compensation
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Virtues Media & Apps for all damages, losses and expenses of any kind (including reasonable attorneys fees and costs) arising as a result of: (1) your breach of this agreement; (2) any user content; (3) any activity you participate in or through the service Virtues Media & Apps; and (4) your violation of any law or the rights of a third party.
24 choice of law, binding arbitration and location
24.1 governing law/jurisdiction
Unless otherwise required by mandatory law of an EU Member State or any other jurisdiction, agreements (and any disputes/non-contractual claims arising as a result of, or in connection with them) are subject to the laws of the State or country listed below, regardless of the choice or conflicts of law principles.
In addition, you and the Virtues Media & Apps agree to the jurisdiction of the courts listed below to resolve any dispute, claim or controversy arising in relation to the agreements (and any disputes/non-contractual claims arising as a result of, or in connection with them). (In some cases, this jurisdiction will be "exclusive", meaning that the courts of any other country can preside over the matter; having jurisdiction; in other cases, the jurisdiction is "non-exclusive", meaning that the courts of other countries may also have jurisdiction. This is indicated in the table below.)
Country |
Choice of law |
Jurisdiction |
---|---|---|
Poland, Italy |
Laws of Sweden |
Unique; the country's local courts |
Turkey |
Laws of Sweden |
Non-exclusive; courts and other bodies in the Republic of Turkey |
Brazil |
Laws of the United Kingdom |
Unique; State and federal courts of São Paulo, State of São Paulo, Brazil |
Canada |
Laws of the province of Ontario |
Unique; courts of Ontario, Canada |
The United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay |
State of California, United States |
Unique; State and federal courts of the County of San Francisco, California or New York, New York |
Estonia, Latvia, Lithuania, Hong Kong |
Laws of Sweden |
Non-exclusive; the courts of Sweden |
Spain |
Laws of Spain |
Unique; current home consumer courts in Spain. |
All remaining countries |
Laws of Sweden |
Unique; the courts of Sweden |
The Virtues Media & Apps does not accept any code of conduct as required in connection with the services provided in accordance with these agreements.
24.2 WAIVER of CLASS ACTION LAWSUIT
WHERE PERMITTED BY APPLICABLE LAW, YOU AND THE Virtues Media & Apps AGREE THAT EACH OF THE PARTIES MAY PRESENT CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS APPLICANT OR COLLECTIVE MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE ALLEGED. Unless you and the Virtues Media & Apps agree, no referee or judge can consolidate more than one person claims or Chair, otherwise, any form of a representative or collective process.
24.3 ARBITRATION
If you are located, based, have offices or do business in a jurisdiction in which this section 24.3 is executable, the mandatory arbitration provisions below apply to you:
24.3.1 dispute resolution and arbitration
You and the Virtues Media & Apps agree that any dispute, claim or controversy between you and the Virtues Media & Apps arising in relation to, or linked in any way to these or your relationship with Virtues Media & Apps as a user of the service (whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory , and if the claims arise during or after the termination of the agreements) shall be determined by binding arbitration binding individual. Arbitration is more informal than a lawsuit in court. THERE'S NO JUDGE OR JURY IN ARBITRATION, AND THE ANALYSIS OF THE COURT OF AN ARBITRATION SENTENCE IS LIMITED. There may be more limited than a statement in court. The referee should follow this agreement and can grant the same claims and repairs that a court (including legal fees), except that the arbitrator may not award a declaratory or precautionary measure that benefits anyone but the parties to the arbitration. The arbitration provision shall remain in force after the termination of the agreements.
24.3.2 Exceptions
Notwithstanding clause (24.3.1) above you and the Virtues Media & Apps agree that nothing herein shall be deemed to exempt, preclude or limit any other way any of our rights at any time to (1) submit an individual action in small claims court, (2) seek enforcement actions through federal, State or local agencies apply where such actions are available (3) seek injunctive relief in a Court of law or (4) enter in a court process for dealing with claims of intellectual property infringement.
24.3.3 arbitration rules
Any arbitration between you and the Virtues Media & Apps will finally be decided in accordance with the rules of arbitration of the International Chamber of Commerce (the "ICC", International Chamber of Commerce) in force at that time (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these agreements, and will be administered by the International Court of arbitration of the ICC.
Any arbitration shall be conducted in the English language and, unless required otherwise by mandatory law of an EU Member State or any other jurisdiction, the law to be applied in any arbitration should be the law of the State of California, United States, without regard to the choice or conflicts of law principles.
24.3.4 Deadline for archiving
Any arbitration shall be initiated by the opening of a demand for arbitration within one (1) year after the date on which the part expressing claim knows for the first time or should reasonably know of the Act, omission or breach giving rise to the claim; and there should be no right to any remedy for any claim not manifested within that period. If the applicable law prohibit a limitation period of one year for the manifestation of the claims, any claim must be manifested in the shortest period permitted by applicable law.
24.3.5 warning; Process
A party wishing to seek arbitration must first send a written dispute notice to the other, by certified mail or by Federal Express (subscription required), or, if you do not have a physical address your filed, by e-mail ("warning"). The address of the Virtues Media & Apps for the warning is: Virtues Media & Apps, Attn: General Counsel, Rua Barão de Paranapiacaba, 237 – room 1701, Santos, São Paulo, BRAZIL 250 11,050-CX. The warning should (1) describing the nature and basis of the claim or dispute; and (2) establish the specific measure sought ("demand"). We agreed to undertake efforts in good faith to resolve the claim directly, but if we don't make an agreement to do it in 30 days after receipt of the notice, you or the Virtues Media & Apps can initiate a process of arbitration. During the arbitration, the amount of the settlement offer made by you or by Virtues Media & Apps should not be disclosed to the arbitrator until after the referee make a final decision and opt for an award, if applicable. If our dispute is finally resolved by means of arbitration in your favor, the Virtues Media & Apps should pay you (1) the amount awarded by the arbitrator, as the case may be, (2) the final settlement amount offered by Virtues Media & Apps written in settlement of the dispute before the award of the arbitrator; or (3) $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be held so strictly confidential by recipient and should not be used by the recipient for any purpose other than those purposes of arbitration or of the execution of the decision and award of the arbitrator, and shall not be disclosed except under confidentiality for folks who have a need to know such purposes , or as otherwise required by applicable law. Except as otherwise required to carry out the decision and award of the arbitrator, neither you nor the Virtues Media & Apps should do no public notice or public comment, or originate any publicity concerning the arbitration, including, among others, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
24.3.6 Modifications
If the Virtues Media & Apps make any future changes in this arbitration provision (other than a change in the address of the Virtues Media & Apps for the warning), you may reject such a change to send us a written notice within 30 days after the change to the address of the Virtues Media & Apps for Warning, and, in this case , your account with the Virtues Media & Apps should be immediately closed and this arbitration provision in force immediately before the changes that you reject, should remain in effect.
24.3.7 Applicability
If the waiver of class action in section 24.2 is held to be unenforceable in arbitration or if any part of this section 24.3 is held to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in this case, the parties agree that the exclusive jurisdiction and the location described in Section 24.1 shall govern any action arising from or related to the agreements.
25 contact us
If you have any questions related to Service Virtues & Media Apps or to agreements, please contact customer service at Virtues Media & Apps to access the About Us section of our website.
Thank you for reading our terms. We hope you enjoy the Virtues Media & Apps!
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