Effective as of September 1, 2020
Hello and welcome to HeartsBridges, the unique mobile application that let you lock your love within virtual love padlocks on real love bridges by using the power of Augmented Reality (referred to as Service and Application).
HeartsBridges is a mobile application provided by MIRAD GLOBAL SRL, located in Bucharest, Romania, Ionita Cegan Street, no. 2, RO-050687 (referred to as Company) which is the holder of exclusive property rights to HeartsBridges Application including design elements, texts, graphics, pictures, 3D-objects, animations, videos, scripts, software, music, sounds and other objects and their compilations as well as databases generated as a result of use of those elements mentioned above. The Application itself, as described above, and all trademarks, copyright, design, database rights and other intellectual property rights related to it, belong or it is licenced or duly assigned to Company. Neither of the provisions of this Terms shall entitle the User to use the company or application name, trademarks, domain names, social media names and other identification signs of the application or of its owner, licensor or assigner. For further information you can contact us at firstname.lastname@example.org.
PURCHASE OF HEARTSBRIDGES
The Service (including the Application) is licensed and available for download against payment through 3rd party stores, such as Apple App Store and Google Play Store. Company grants you a non-exclusive, personal, non-transferable, non-assignable, non-sublicensable, revocable and limited license to download, install and use the Service solely and exclusively for your non-commercial and personal use on the device owned or controlled by you, and to access and use the Service on such devices strictly in accordance with the terms and conditions of the mobile application license contained in these Terms of Service and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for an iOS Application or the Google Play Terms of Service for an Android Application. The Apple App Store or Google Play Store or any other distributor for applications may be referred to in these Terms of Service as a Third-Party Application Distributor. You expressly acknowledge and agree not to use the Service (including the Application) for any other purpose.
The Service is using Augmented Reality (AR) and it’s compatible only with those devices and operating systems that support the functionality of Augmented Reality (AR). Therefore, prior to downloading and installing the Application on your device please make sure that your smartphone and operating system supports the functionality of Augmented Reality (AR). You can find here https://developers.google.com/ar/discover/supported-devices a non-exhaustive list of compatible smartphones and operating systems. If the User has downloaded the Application and the Service isn’t working because the device and/or the operating system doesn’t support the functionality of Augmented Reality (AR) the User is not entitled to claim for a refund.
The Service requires access to your camera for enabling Augmented Reality (AR) on your device and you acknowledge and agree that any failure to allow the access to your camera will make impossible the functionality of the Service.
The use of the Service requires and utilizes internet connectivity and data. Carrier and provider rates for mobile data may apply and you are fully responsible for any such charges. The Use of the Service could result in significant data usage.
The functional use of the Service: generating virtual love padlocks, successfully locking of virtual love padlocks on real bridges and viewing virtual love padlocks on real bridges is dependent on the data related to your precise geographic location, such as latitude and longitude and may include other additional attributes, and you acknowledge and agree that any failure to provide or make accessible that data will limit or make impossible the functionality of the Service as described above.
The functional use of Augmented Reality (AR) requires a higher accuracy of the GPS localization as well as other sensors on your device. Company is not responsible or liable in any way for the availability, accuracy, integrity and continuity of the GPS signal on your device or for the calibration of other sensors on your device.
When you purchase HeartsBridges you acknowledge and agree that:
At our sole discretion, we may, but are not under any obligation to provide any maintenance and support services or upgrades, modifications, or new releases with respect to the Service (including the Application).
You can find a more detailed description of our Service on our website, www.heartsbridges.com.
After submitting the sign-up form, the User will receive an automatically generated email with a hyperlink enabling him to authenticate himself via the email address. The User Account is accessible only after authentication via email.
The User is solely responsible for maintaining the confidentiality of the chosen password when signing up for a User Account with HeartsBridges Application. Company is not responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your User Account.
When the registration is completed, the User has the possibility to connect with his/her beloved person with which the User intend to lock a virtual love padlock on a real bridge. The connection is intended to be an invitation to download the Application on the mobile device of your beloved person and/or to connect with you (if your beloved person already has the Application in use). Your beloved person is free to accept the invitation, to download the mobile application and sign-up for a User Account or to connect with you. After the invitation was confirmed, the connection with his/her beloved person will be enabled in the Account Settings and you can proceed to create and lock a virtual love padlock on a real bridge. The User has also the possibility to connect with his/her beloved person later in the application or in the account settings. For viewing virtual love padlocks on real bridges, you don’t need to connect to anyone.
Without a connection to his/her beloved person the User has no possibility to create and lock a virtual love padlock on a real bridge. The failure or the lack of connection to his/her beloved person or the deletion of the connection to his/her beloved person doesn’t entitle the User to claim for any refund.
When using the Service (including the Application), the User shall not:
Without limiting any other remedies, Company may limit, suspend, terminate, modify, or delete User Accounts or access to the Service or portions thereof or User Generated Content, at its sole discretion, if you are, or Company suspects that you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Service, without notice to you. Company is under no obligation to compensate you for any losses, damages or results related to this, including but not limited to any benefits, privileges or virtual items associated with your use of the Service. In addition to limiting, suspending, modifying, terminating or deleting your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Service allows Users to upload content to the Service, such as text, photos, graphics or video, that may be available in a virtual love padlock to the public or to a specific group (“User Generated Content”). Company is not actively involved in the creation or publication of such User Generated Content, and we do not warrant that such content does not infringe any third-party rights or is not (otherwise) unlawful. The user has the sole and ultimate responsibility regarding compliance with all laws, regulations or any other duty. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Generated Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Generated Content available in connection with the Service. Company is not responsible or liable for any User Generated Content.
You represent and warrant that, with respect to any User Generated Content you submit using the Service:
You agree that any User Generated Content provided by you in connection with the Service is provided on a non-proprietary and non-confidential basis. You hereby grant Company a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide right and license (including the right to sublicense and assign to third parties) to use, publish, reproduce, distribute, adjust, modify, translate, prepare derivative works of, add to or delete from, sell, rent, licence, sublicense, broadcast or otherwise exploit in any manner whatsoever such submitted User Generated Content, or any portion thereof, by any and all means and in all forms of media, now known or hereafter developed. You hereby irrevocably waive any and all so-called moral rights or rights of publicity or privacy you may have regarding such User Generated Content. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Generated Content.
Company may, but has no obligation to monitor, review, or edit public User Generated Content. In all cases, Company reserves the right to remove, delete or disable access to any User Generated Content for any or no reason, including User Generated Content that, in Company’s sole discretion, violates the Terms of Service. Company may take these actions without prior notification to you or any third party. Removal, deleting or disabling of access to User Generated Content shall be at Company’s sole discretion, and Company do not promise to remove, delete or disable access to any specific User Generated Content. If you spot User Generated Content that is inappropriate, abusive or otherwise harmful or that infringe any rights of third parties or that is violating these Terms of Service in any way, you have the possibility to report the specific User Content to email@example.com.
The User is solely responsible and liable for all User Generated Content that he submits. Company is not responsible or liable for User Generated Content not does it endorse any opinion or representation contained in any User Generated Content. YOU ACKNOWLEDGE AND AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST COMPANY RELATED TO USER GENERATED CONTENT THAT YOU SUBMIT, THEN, YOU WILL INDEMNIFY AND HOLD COMPANY, LICENSORS, ASSIGNERS AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITY, CLAIMS, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. YOU FURTHER ACKNOWLEDGE AND AGREE TO PAY FOR ALL ROYALTIES, FEES, DAMAGES, LOSSES AND EXPENSES OF ANY KIND OWING ANY PARTY BY REASON OF YOUR USER GENERATED CONTENT.
We take reasonable measures to maintain the security and integrity of our Application and User information and prevent unauthorized access to it or use thereof. However, no way of transferring the data via the Internet is 100% secure. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED DISCLOSURE OR ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR THE THEFT, ALTERATION, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE USER GENERATED CONTENT.
RIGHTS YOU GRANT US
In consideration for the rights granted to you under the Terms of Service, you grant us the right to:
If you provide feedback, ideas, suggestions or testimonials to Company in connection with the Service or User Generated Content (referred to as Feedback), we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet or social media. You acknowledge that the Feedback is not confidential and you authorize Company to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Generated Content and all provisions for User Generated Content shall apply accordingly. You may only submit ideas and material to us if you have obtained appropriate copyright and other permission to submit such materials and to permit Company to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
You may use the Service offered only for lawful, personal and non-commercial purposes. The following is prohibited for any reason whatsoever:
DON’T engage in any activity, post any User Content, or register and/or use a username, which is or includes prohibited material that:
Company reserves the right to determine what conduct it considers to be in violation of these Terms of Service or otherwise outside the intent or spirit of these Terms of Service. Company reserves the right to take action as a result, which may include terminating your Account, prohibiting you from using the Service in whole or in part and deleting your User Generated Content. Company is under no obligation to compensate you for any losses, damages or results related to this, including but not limited to any benefits, privileges or virtual items associated with your use of the Service. In addition to terminating your Account or deleting your User Generated Content or prohibiting you from using the Service, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Service includes a variety of content, marks, data, works, code, designs and material of Company and third parties (hereinafter together referred to as the Content), including but not limited to logo’s, trademarks, look & feel, trade names, layouts, information, text, data, codes, sounds, video, images, 3D-objects, scripts, functionality, designs, graphics, button icons, instructions, and illustrations.
Unless otherwise specified in writing, all Content is owned, assigned, controlled, or licensed by the Company or its licensors or assigners. All Content is copyrighted under copyright laws and/or other intellectual property laws protecting it from unauthorized use. The trademarks, the logos and designs may not be used without Company express written permission. You agree not to use, display, copy, reproduce, distribute, republish, upload, download, post, transmit, mirror, modify the Content, or otherwise, or in any way exploit for personal gain in violation of the intellectual property rights of the Company or any other third party.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other proprietary rights in the User Account. All rights in and to the User Account are and shall remain owned and inure to the benefit of Company.
Company operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party. We respect the intellectual property rights of others and expect users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us to the email address: firstname.lastname@example.org.
MOBILE PLATFORM TERMS
By downloading the Application or accessing the Service from a third-party platform, service provider or distributor (Third-Party Application Distributor) your use of the Service is also governed by usage rules which the Third-Party Application Distributor may have established and which relate to your use of the Service (Usage Rules). Certain Usage Rules are described in this Agreement but other Usage Rules may apply and it is your full responsibility to determine what other Usages Rules are applicable to your use of the Service. You undertake to comply with all the applicable Third-Party Application Distributor’s Usage Rules. In the event of a conflict between this Agreement and the terms of any applicable Usage Rules, which relates solely to the Third-Party Application Distributor’s representations, warranties, restrictions on use of the Service, obligations, limitation of liability and/or other provisions that impose any responsibility on the Third-Party Application Distributor, the terms of the applicable Third-Party Application Distributor’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from using the Service. Any use of the Service by anyone prohibited by any applicable laws or Usage Rules from using the Services is expressly forbidden and you are fully liable of any breach.
The ways in which you can use the Application and Documentation may also be controlled by the Apple App Store or Google Play Store (each an Third-Party Application Distributor) rules and policies to access the Application: (1) the license granted to you for our Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Company is responsible for providing any maintenance and support services with respect to the Application as specified in these Terms of Services or as otherwise required under applicable law, and you acknowledge that each Third-Party Application Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (3) in the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable Third-Party Application Distributor, and the Third-Party Application Distributor, in accordance with its terms and policies, may refund the purchase price, paid for the mobile application, and to the maximum extent permitted by applicable law, the Third-Party Application Distributor will have no other warranty obligation whatsoever with respect to the Application; and (4) you acknowledge and agree that the Third-Party Application Distributor are third-party beneficiaries of these Terms of Service, and that each Third-Party Application Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
Company prohibits the sending of unsolicited bulk email (Spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. If you or anyone you know is “spammed” by someone who is selling or describing Company’s products or services, please contact us promptly so that we may take appropriate action.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
COMPANY PROVIDE THE APPLICATION „AS IS”, WITH ALL FAULTS AND „AS AVAILABLE”. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, TITLE, SATISFACTORY QUALITY, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS AND NON-INFRINGING WITH RESPECT TO THE FEATURES OR ANY INFORMATION PROVIDED THEREIN. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (INCLUDING ANY SUPPORT SERVICES) WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE OR AVAILABLE AT ALL TIMES, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE RESULTS, INFORMATION OR OTHER CONTENT THAT ARE AVAILABLE ON OR THROUGH THE SERVICE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE, NONUSE OR MISUSE OF THE SERVICE. COMPANY IS NOT RESPONSIBLE AND NOT LIABLE FOR THE AVAILABILITY, ACCURACY, INTEGRITY AND CONTINUITY OF THE GPS SIGNAL ON YOUR DEVICE, FOR THE CALIBRATION OF OTHER SENSORS ON YOUR DEVICE OR FOR OTHER TECHNICAL PROBLEMS. COMPANY IS NOT OBLIGATED TO SUPPLY ANY SUPPORT WHATSOEVER. YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF ANY LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE, NONUSE OR MISUSE OF THE SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS THROUGH THE SERVICE, WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE NOR RESPONSIBLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF COMPANY SHALL CREATE A WARRANTY. WE MAY DISCONTINUE OR CHANGE ANY SERVICE OR FEATURE OF THE SERVICE IN OUR SOUL DISCRETION AT ANY TIME AND WITHOUT PRIOR NOTICE.
YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF DISSATISFACTION IS TO STOP USING THE SERVICE AND UNINSTALL THE APPLICATION ON YOUR DEVICE. THE CUMULATIVE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OR MISUSE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY OR STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR PURCHASING THE SERVICE (INCLUDING THE APPLICATION). THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, LICENSORS, ASSIGNERS, ITS AFFILIATES, AGENTS, INDEPENDENT CONSULTANTS, REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, OR YOUR USE, NONUSE OR MISUSE OF THE SERVICE.
The Service may contain links to content, websites or pages which are not maintained by Company. Links to third-party content are provided for your convenience and information only. Third-party content is not under Company’s control and Company is not responsible and not liable for the content or accuracy of such content or the products or services offered on or through those sites. The inclusion of a link through the Service does not imply Company’s endorsement of the third-party website nor that Company is affiliated with the third-party website’s owners or sponsors.
If a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a resolution. You can contact us via email@example.com.
You expressly agree to waive any right to have a trial by jury against Company as well as the right to participate in any form of class or representative claim against the Company.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this agreement shall impair any such right or power or be construed to be a waiver thereof. Unless stated otherwise, all remedies provided for in this agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
You hereby acknowledge, represent and warrant that you are expressly and duly authorized to enter into this Agreement and to be legally bound by this Agreement. You are responsible for compliance with all applicable laws.
The Service is continuously evolving and Company may require that you accept updates to the content and the Service (including the Application). Such update may take place with and without notification.
You agree that we may electronically provide to you required notices, agreements, and other information concerning the Service. If you no longer agree to receive notices electronically, please cease using the Service and/or expunge the Service from your device.
Company shall not be deemed in default hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to: act of God, earthquake, flood, or other natural disaster, power failures, server failures, network failure, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, pandemic, riots, insurrections, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree (referred to as a “Force Majeure Event”).
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any of Company’s services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages limited to the amount paid for purchasing the Service (including the Application).
This Agreement and your use of the Service, including the submission of User Generated Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
Company has the right to assign this Agreement at its sole discretion. The terms of this Agreement shall be binding upon assignees.
You may not assign, subcontract, delegate, or otherwise transfer by you any or your rights or obligation herein. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
CHANGES AND TERMINATION
Company may at any time, in its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any User Account or User Generated Content provided through the use of the Service or correct, modify, amend, enhance, improve and make any other changes to the Application, to the Service or to the User Generated Content or discontinue displaying or providing any information, User Generated Content or features therein, without notice or liability. At such point your license to use the Service or part thereof may be terminated or suspended. You agree that Company does not assume any responsibility with respect to, or in connection with the change or termination of the Service operation and loss of any data and shall not be required to provide refunds, benefits or other compensation with such change or termination of the Service.