USER AGREEMENT ("AGREEMENT")
Last updated: January 9, 2019
Please read this User Agreement (the "Agreement") carefully before clicking the "I Agree" button, downloading or using the Marco Coino mobile application (the "Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Saint Bitts LLC (“Saint Bitts”) and it governs your use of the Application made available to you by Saint Bitts.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by Saint Bitts for use strictly in accordance with the terms of this Agreement.
Saint Bitts grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
To be eligible to use the Application, you must be at least 18 years old.
You agree not to, and you will not permit others to:
You will not nor will you authorize or encourage any third party to:
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Saint Bitts.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Saint Bitts with respect to the Application shall remain the sole and exclusive property of Saint Bitts.
Saint Bitts shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Saint Bitts reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Saint Bitts may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Saint Bitts has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Saint Bitts shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Saint Bitts does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
This Agreement shall remain in effect until terminated by you or Saint Bitts.
Saint Bitts may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Saint Bitts, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Termination of this Agreement will not limit any of Saint Bitts’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Saint Bitts and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Saint Bitts, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Saint Bitts provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Saint Bitts nor any Saint Bitts’ provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Saint Bitts are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
IN NO EVENT SHALL SAINT BITTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM:
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE APPLICATION;
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE APPLICATION;
(III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER;
(IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN;
(VI) ANY INTERRUPTION OR CESSATION FROM THE APPLICATION;
(VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS APPLICATION OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE APPLICATION;
(VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS APPLICATION FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAINT BITTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Saint Bitts shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Saint Bitts.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Saint Bitts reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The Agreement is governed by and shall be construed in accordance with the laws of the Hong Kong.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY DISPUTE OR DIFFERENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE REFERRED TO AND DETERMINED BY BINDING ARBITRATION UNDER THE ELECTRONIC TRANSACTION ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE. HONG KONG SHALL BE THE SEAT OF ARBITRATION AND ANY SUCH DISPUTE SHALL BE RESOLVED AT THE HONG KONG INTERNATIONAL ARBITRATION CENTER BY A SINGLE ARBITRATOR.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE ARBITRATION AGREEMENT. IN DOING SO, BOTH YOU AND SAINT BITTS GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, INCLUDING, WITHOUT LIMITATIONS, ANY PAST, PENDING OR FUTURE CLASS ACTIONS.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
The Agreement constitutes the entire agreement between you and Saint Bitts regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Saint Bitts. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
You may be subject to additional terms and conditions that apply when you use or purchase other Saint Bitts’ services, which Saint Bitts will provide to you at the time of such use or purchase.