Terms of Service

 

 

Effective Date:  4 September 2020

 

 

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [ADME (CY) LTD, a limited company organised under the laws of Cyprus, located at office 101, 62 Agiou Athanasiou Avenue, Limassol, 4102, Cyprus (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by the Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

  1. Use of Application

 

You must follow these Terms and any policies made available to you within the Application. We may suspend or stop providing services to you though the Application, if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

 

Using our Application does not give you ownership of any intellectual property rights in our Application or the content you access. You may not use content from our Application unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Application. Do not remove, obscure or alter any legal notices displayed in or along with our Application.

 

In using our Application, you agree to access, view and use the content solely for your personal, non-commercial use. No part of the content may be downloaded, copied, reproduced, republished (including by means of re-posting on websites or mobile applications), transmitted, stored, sold or distributed without the prior written consent of the owner or otherwise permitted by law. This excludes the downloading, copying or printing of pages of the Application for personal, non-commercial home use.

 

Our Application may display content that does not belong to Adme. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

 

In connection with your use of the Application, we may send you service announcements, administrative User Content, and other information.

 

  1. Privacy policys


We are committed to protecting your privacy. We collect and process your personal data according to our Privacy Policy.

 

  1. Linked Application

 

Our Application may provide or embed links from other internet web-services, digital applications, social media platforms and other online sources (“External Links”). We do not monitor or review the content of External Links which are linked to or from the Application. Opinions expressed or material appearing on such External Links are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. We are not liable for the content or the privacy practices of External Links. Our Privacy Policy does not apply to any collection and processing of your personal data on or through such External Links.

 

  1. Registration, Passwords and Responsibilities

 

You are responsible for keeping your information and passwords up to date and confidential.

 

Certain areas or features of the Application may only be open to registered users, including, but not limited to like, comment or report function. As an unregistered user, you will be able to access our content, but with limited functionality.

 

Adme reserves the right to amend or vary the content available to registered users. In addition, and if you allow us to when registering your details as a registered user, we will contact you from time to time in accordance with your preferences.

 

You are solely responsible for the confidentiality and use of access to Application by using your user name and password. You agree to immediately inform us if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address. You will provide Adme with accurate, complete registration information and inform Adme of any changes to such information.

 

For the purpose of confirming your compliance with these Terms, we reserve the right to monitor and record activity on the Application, including access to our content.

 

Each registration is only for the personal use of the registered user. You may not share your log-in details or password with any other person. Adme does not allow multiple users (networked or otherwise) to access the Application through a single name and password.

 

If you are in breach of any of these Terms, we may suspend your access or cancel your registration to the Application, without further obligation to you.

 

  1. Third Party Applications and Devices

 

Our Application is integrated with or may otherwise interact with third party applications, web-services, and other services (“Third Party Applications”), and third party devices to make the Application available to you. These Third Party Applications and third party devices may have their own terms of service and privacy policies and their use will be governed by and subject to such terms of service and privacy policies.

 

You understand and agree that Adme does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or third party device or for any transaction you may enter into with their provider, nor does Adme warrant the compatibility or continuing compatibility of the Third Party Applications and third party devices with the Application.

 

  1. User-Created Content

 

You are responsible for all content you post. Our Application may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to us and interaction between users and our representatives. Users may post, upload, or otherwise contribute content to the Application through the Application (which may include, for example, text, pictures, links and/or other types of content) (“User Content”).

 

While we do not control the User Content posted to the Application, we reserve the right (which we may exercise at our sole discretion without notice) to delete, move or edit any User Content.

 

  1. User Guidelines

 

Adme respects intellectual property rights and expects you to do the same. You must follow the rules described below and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

 

 

You are solely responsible for your User Content. You must comply with any rules posted by us on the Application or otherwise made available to you. You may NOT engage in any activity, post any User Content, link or register a username, which is or includes material that:

 

 

By submitting User Content to the Application, you agree to indemnify and hold harmless Adme from all claims, costs and expenses (including legal expenses) arising out of any User Content posted or published by you that are in breach of this section.

 

Adme has no control over individuals posting User Content on any Application. Adme cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these Terms and post User Content that are misleading, untrue or offensive. You must bear all risk associated with your use of the Application and should not rely on User Content when you make (or refrain from making) any specific investment or other decision.

 

  1. Report of User-Created Content

 

 

It is not possible for Adme to fully and effectively monitor User Content infringement of third-party rights. We rely on our users to report content that they find inappropriate.

 

If you believe that any content infringes your legal rights or violates these Terms, you can always contact Adme via the contact form.

 

  1. Intellectual Property

 

 

You retain ownership of any intellectual property rights that you hold in the User Content. By submitting User Content to any of the Application you are granting Adme a perpetual, irrevocable, royalty free, non-exclusive licence to use, store, reproduce, modify, translate, make available, distribute and sub-license the User Content in whole or in part, and in any form. This may include personal information such as your user details and your expressions of opinion. Where applicable and permitted under applicable law, you waive any moral rights or equivalent rights that you may have in regard to the User Content. This license continues even if you stop using our Application. Adme reserves the right to contact you by e-mail about your use of the Application.

 

 

All our content is strictly for personal, non-commercial use only.

 

We grant you limited, non-exclusive, revocable permission to make use of the Application, and limited, non-exclusive, revocable permission to make personal, non-commercial use of our content. These rights shall remain in effect until and unless terminated by you or Adme. You agree that you are using the Application and our content for your own personal and non-commercial use.

 

Except as expressly permitted above or subject to our prior written permission, you may not reproduce, modify, display, distribute or in any way commercially exploit any of our content.

 

 

Adme gives you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Adme as part of the Application. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Application as provided by Adme, in the manner permitted by the Terms. You may not copy, modify, distribute, sell, or lease any part of our Application or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

Open source software is important to us. Some software used in our Application may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

 

  1. Changes and Termination of our Services

 

We reserve the right, in our own discretion and at any time, to suspend, change, modify, add or remove portions of the content available within our Application or to stop the Application. If we discontinue a aervice, where reasonably possible, we will give you reasonable advance notice. At any time, you can stop using our Application.

 

  1. Disclaimer and Limitations

 

The information on the Application is provided on an "as is" basis. To the fullest extent permitted by law, Adme:

  1. excludes all representations and warranties relating to its Application and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Application; and
  2. excludes all liability for damages arising out of or in connection with your use of its Application. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

 

Adme does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

 

Upon Adme's request, you agree to defend, indemnify and hold harmless Adme, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Application.

 

  1. Additional Terms

 

Adme reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis. If you do not agree to be bound by those changes, you should not use the Application any further after they are published. Access to certain content of Adme may be subject to additional terms and conditions.

 

Other than explicitly agreed upon in writing between you and Adme, the Terms constitute all the terms and conditions agreed upon between you and Adme and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

 

Please note, however, that certain aspects of your use of the Application may be governed by additional terms which are listed on Application. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail for that conflict.

 

 

Neither party shall be liable to the other for any failure to perform any obligation under these Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the Terms.

 

Any delay or failure by either party in exercising any right arising under these Terms shall not constitute a waiver of such right.

 

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.

 

These Terms shall be governed by, and construed in accordance with, Cyprus law and any matter, claim or dispute arising out of or in connection with these Terms whether contractual or non-contractual, shall be governed by and determined in accordance with Cyprus law. Each party hereby irrevocably submits to the exclusive jurisdiction of courts on Cyprus in respect of any claim or dispute arising out of or in connection with these Terms, without regard to choice or conflicts of law principles.

 

  1. Contact Us

 

If you have any questions or concerns regarding these Terms, please contact us by email at legalops@thesoul-publishing.com. You also may contact us by sending a letter or request to:

 

General Counsel
ADME (CY) LTD
Office 101,

62 Agiou Athanasiou Avenue,

Limassol, 4102

Cyprus