Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully
before using the mobile application (the "Service") operated by MOBILESPARK
CREATIONS LTD ("us", "we", or "our"). Your access to and use of the Service is
conditioned on your acceptance of and compliance with these Terms. These Terms apply
to all visitors, users and others who access or use the Service. By accessing or
using the Service you agree to be bound by these Terms. If you disagree with any
part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service
("Purchase"), you may be asked to supply certain information relevant to your
Purchase including, without limitation, your credit card number, the expiration date
of your credit card, your billing address, and your shipping information. You
represent and warrant that: (i) you have the legal right to use any credit card(s)
or other payment method(s) in connection with any Purchase; and that (ii) the
information you supply to us is true, correct and complete. By submitting such
information, you grant us the right to provide the information to third parties for
purposes of facilitating the completion of Purchases. We reserve the right to refuse
or cancel your order at any time for certain reasons including but not limited to:
product or service availability, errors in the description or price of the product
or service, error in your order or other reasons. We reserve the right to refuse or
cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service.
The products or services available on our Service may be mispriced, described
inaccurately, or unavailable, and we may experience delays in updating information
on the Service and in our advertising on other web sites. We cannot and do not
guarantee the accuracy or completeness of any information, including prices, product
images, specifications, availability, and services. We reserve the right to change
or update information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made
available through the Service may be governed by rules that are separate from these
Terms. If you participate in any Promotions, please review the applicable rules as
well as our Privacy Policy. If the rules for a Promotion conflict with these Terms,
the Promotion rules will apply.
Subscriptions
Some parts of the Service are billed on a subscription basis ("Subscription(s)").
You will be billed in advance on a recurring and periodic basis ("Billing Cycle").
Billing cycles are set on a daily, weekly or monthly basis. At the end of each
Billing Cycle, your Subscription will automatically renew under the exact same
conditions unless you cancel it or we cancel it. You may cancel your Subscription
renewal either through your online account management page or by contacting our
customer support team. A valid payment method, including credit card, is required to
process the payment for your Subscription. You shall provide us with accurate and
complete billing information including full name, address, state, zip code,
telephone number, and a valid payment method information. By submitting such payment
information, you automatically authorize us to charge all Subscription fees incurred
through your account to any such payment instruments. Should automatic billing fail
to occur for any reason, we will issue an electronic invoice indicating that you
must proceed manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
Free Trial
We may, at its sole discretion, offer a Subscription with a free trial for a limited
period of time ("Free Trial"). You may be required to enter your billing information
in order to sign up for the Free Trial. If you do enter your billing information
when signing up for the Free Trial, you will not be charged by us until the Free
Trial has expired. On the last day of the Free Trial period, unless you cancelled
your Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected. At any time and without notice,
We reserves the right to (i) modify the terms and conditions of the Free Trial
offer, or (ii) cancel such Free Trial offer.
Refunds
Certain refund requests for Subscriptions may be considered by us on a case-by-case
basis.
Content
Our Service allows you to post, link, store, share and otherwise make available
certain information, text, graphics, videos, or other material ("Content"). You are
responsible for the Content that you post to the Service, including its legality,
reliability, and appropriateness. By posting Content to the Service, you grant us
the right and license to use, modify, perform, display, reproduce, and distribute
such Content on and through the Service. You retain any and all of your rights to
any Content you submit, post or display on or through the Service and you are
responsible for protecting those rights. You represent and warrant that: (i) the
Content is yours (you own it) or you have the right to use it and grant us the
rights and license as provided in these Terms, and (ii) the posting of your Content
on or through the Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person.
Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a breach
of the Terms, which may result in immediate termination of your account on our
Service. You are responsible for safeguarding the password that you use to access
the Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use of
your account. You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trade mark that is subject to any
rights of another person or entity other than you without appropriate authorization,
or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by users), features
and functionality are and will remain the exclusive property of us and its
licensors. The Service is protected by copyright, trademark, and other laws of both
the United Arab Emirates and foreign countries. Our trademarks and trade dress may
not be used in connection with any product or service without the prior written
consent by us.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not
owned or controlled by us. We have no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that we shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods or
services available on or through any such web sites or services. We strongly advise
you to read the terms and conditions and privacy policies of any third-party web
sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you breach the
Terms. Upon termination, your right to use the Service will immediately cease. If
you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use,
goodwill, or other intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of any third
party on the Service; (iii) any content obtained from the Service; and (iv)
unauthorized access, use or alteration of your transmissions or content, whether
based on warranty, contract, tort (including negligence) or any other legal theory,
whether or not we have been informed of the possibility of such damage, and even if
a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS"
and "AS AVAILABLE" basis. The Service is provided without warranties of any kind,
whether express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement or course of
performance. its subsidiaries, affiliates, and its licensors do not warrant that a)
the Service will function uninterrupted, secure or available at any particular time
or location; b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the Service will
meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United
Arab Emirates, without regard to its conflict of law provisions. Our failure to
enforce any right or provision of these Terms will not be considered a waiver of
those rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect. These
Terms constitute the entire agreement between us regarding our Service, and
supersede and replace any prior agreements we might have between us regarding the
Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at
any time. If a revision is material we will try to 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 Service after
those revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, please stop using the Service.
Marketing
MOBILE SPARK LTD hereby grants Telestark FZ LLC a non-exclusive, non-transferable
license to promote and advertise the StreamItFit service on various advertising
platforms, including but not limited to digital media, social media, print, and
other advertising channels. This permission is granted exclusively for the purpose
of promoting their services and is subject to the terms of the agreement between the
parties. Telestark FZ LLC undertakes to comply with all applicable laws,
regulations, and additional guidelines of MOBILESPARK CREATIONS LTD regarding such
advertising activities.