BREAKING HITS®, Inc. (“BREAKING HITS®,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access and use our BREAKING HITS® mobile application (the “App”) which is made available to you through mobile phones, personal digital assistants, and other mobile devices (the “Platforms.”)
Description and Use of the App
The App. The App enables you to purchase and trade digital goods, including without limitation digital stickers, cards and figurines.
Restrictions on Use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the App; or (ii) introduce into the App any virus, worm, “black door,” Trojan Horse, or similar harmful code. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the App, or any portion of thereof, without notice.
Fees. The App is currently provided to you for free. However, we reserve the right to begin charging fees at any time upon notice to you.
If you would like to use the App, you will have to download the App from the Apple App Store, the Android Store or any other app store where the App is available (collectively, the “App Store“) using your App Store or Google Play credentials. When you first login to use the App, we will assign you a unique username (“Username“). You represent and warrant that all login information you submit is truthful and accurate and you will maintain the accuracy of such information. Your Username can be used only by you. You are solely responsible for the confidentiality of your account and your Username, as well as for its use and misuse. You will promptly inform us of any need to deactivate your account or your Username. We reserve the right to delete your account or Username at any time and for any reason. We will not be liable for any loss or damage caused by any unauthorized use of your account or your Username.
Use of Personal Data
BREAKING HITS® Intellectual Property
User Generated Content.
You may post and/or create content through the App (hereinafter, “User Generated Content”). We cannot and do not review it all–we merely act as a passive conduit for distribution of the User Generated Content to other users of the App. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion.
As between us and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide you and other users with the App.
Remember, once you submit User Generated Content through the App, it may be accessible by other users, including any Personal Information included therein. Please carefully consider any User Generated Content that you submit through the App.
If you are a legal adult in your country of residence, you may “purchase” or “earn” Virtual Coins from the App Stores or third party providers (“Third Party Providers“) using real world money. All Virtual Coins purchased in this manner will be subject to the payment terms and conditions of the applicable App Store or Third Party Provider from whom you purchase or earn such Virtual Coins. We do not control how you can pay such third parties. Please review such third parties terms of service for additional information.
You may use Virtual Coins to purchase digital goods through the App (“Virtual Goods“).
We put the term “purchase” and “earn” in quotes, because you do not own the Virtual Coins or the Virtual Goods that are exchanged using the App. All right, titles, and interest in and to the Virtual Coins and Virtual Goods, including all copyrights, trademarks, and other intellectual property rights therein, are held by BREAKING HITS®. When you “purchase” or “earn” an item, you have only been granted a limited license to use the Virtual Coins and/or the Virtual Good in the App’s virtual world.
BREAKING HITS® has the right to regulate, modify, and/or eliminate Virtual Coins, and/or Virtual Goods in its sole and absolute discretion at any time and without notice to you. BREAKING HITS® shall have no liability in connection with the exercise of this right.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SALES AND PURCHASES OF VIRTUAL COINS AND/OR VIRTUAL GOODS ARE FINAL, AND THAT NO REFUNDS OR EXCHANGES SHALL BE PERMITTED, EXCEPT IN OUR SOLE AND ABSOLUTE DISCRETION.
By accessing and/or using the App, you hereby agree that:
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information“) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Accessing and Downloading the App from iTunes and/or Google Play.
BREAKING HITS® Disclaimers and Limitation of Liability
THE APP AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE APP, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF BREAKING HITS®, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BREAKING HITS® PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE BREAKING HITS® PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.
NONE OF THE BREAKING HITS® PARTIES ENDORSE OR RECOMMEND ANY USER, USER GENERATED CONTENT OR ANY THIRD PARTY PROVIDER. NONE OF THE BREAKING HITS® PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY USER GENERATED CONTENT THAT YOU PROVIDE, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OR OTHER USERS OF THE APP OR FOR ANY RESULTS CAUSED BY USING THE APP, INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURYYOU MAY SUFFER, AND ANY MISUSE OF YOUR USER GENERATED CONTENT. NONE OF THE BREAKING HITS® PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
Compliance with Applicable Laws
The App is based in the United States. We make no claims concerning whether the App, the BREAKING HITS® Content, User Generated Content, or any other content, functions or materials made available to you through the App may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the App, the BREAKING HITS® Content, the User Generated Content or any other content, functions or materials made available to you through the App from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Advertisements on the App
We, in our sole discretion, may post the advertisements of third parties on the App. The display of advertisements on the App is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the App are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the App.
If you believe the App contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
To contact our Copyright Agent by regular mail, please write to:
BREAKING HITS®, Inc.
27955 Smyth Dr. #103
Valencia, CA 91355
To contact our Copyright Agent by email, please write to email@example.com with COPYRIGHT NOTICE in the subject line.
Trademark Protection. The name BREAKING HITS®, the BREAKING HITS® Logo and the BREAKING HITS® website and app are all federally registered trademarks and service marks of BREAKING HITS® Corporation and may not be used without BREAKING HITS® Corporations prior written consent. No license for any use thereof has been granted to users, and user acknowledges that any unauthorized use thereof may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, and the sections entitled BREAKING HITS® Intellectual Property, Indemnification, BREAKING HITS® Disclaimers and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in California for all suits, actions or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the jurisdiction of such courts in any suits, actions or proceedings arising out of or relating to this Agreement.
This Agreement contains the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.