TERMS OF USE
As of 05 December 2020
Please read these Terms of Use carefully before using
PowerCrew.
I. Agreement to Terms
These Terms of Use (Collectively the
"Terms") set forth the legally binding terms and conditions which are
applicable to your use of any of the Applications ("App" or
"Apps") from Levitas Technologies ("Levitas Tech",
"we", "us", "our").
Please be reminded that the Terms constitute an
agreement between you and Levitas Technologies.
By installing, accessing or using PowerCrew (the "Application",
"App", "PowerCrew", "Service") on any mobile
phone, tablet or another device (collectively, "Device"), you signify
that you have read, understood and agreed to be bound by these Terms of Use and
any other documents referred to herein, including without limitation our
Privacy Policy and any other applicable law. You represent and warrant that you
have the right, authority and capacity to accept these Terms and to abide by
them.
Your use of the App constitutes your acceptance of the Terms. Consequently, if
you do not accept or understand the Terms, please do not use, install, access
or register with the App (including any software or application forming part of
the App). If you do not agree to these Terms, you are not entitled to use the
App, in which case you must promptly uninstall and delete all copies thereof.
From time to time, we may modify or amend the Terms. If we make changes to
these Terms, we will provide notice of such changes upon updating the App or by
posting a notice inside the Application and updating the "Last
Updated" date above. If you continue to use the App following such a
posting, you accept any such change or modification. If you do not agree to
these updated Terms, please do not use this App and must promptly uninstall and
delete all copies thereof.
1. Scope of License
The App is licensed, not sold, to you. We grant
non-exclusive, non-transferable,
non-sublicensable, revocable limited license to run the App on your Device
solely for the purpose of performing those functions and tasks available to you
as an end user of the App. This license does not allow you to use the App on
any Device that you do not own or rightfully control, and you may not
distribute or make the App available over a network where it could be used by
multiple devices at the same time.
The rights granted to you in this Agreement are subject to the following
restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit any App.
(b) You shall not modify, translate, adapt, merge, make derivative works of,
disassemble, decompile, reverse compile or reverse engineer any part of Apps or
any updates, except to the extent the foregoing restrictions are expressly
prohibited by applicable law.
(c) You shall not access any App in order to build a similar or competitive
service or application.
(d) Except as expressly stated herein(or terms of the
relevant certified Application Store), no part of any App may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means.
(e) You shall not remove or destroy any copyright
notices or other proprietary markings contained on or in any App. Any future
release, update, or other addition to functionality of any App (including any
in-App purchases) shall be subject to the terms of this Agreement, unless
otherwise provided in terms associated with such addition. All copyright and
other proprietary notices on any App content must be retained on any copies.
Any attempt to do so is a violation of our rights as a
Licensor. If you breach this restriction, you may be subject to prosecution and
damages.
2. Intellectual Property
All intellectual property (including all right, title
and interest) on the App is owned by us (and its licensors, where applicable),
which includes materials protected by copyright, trademark, or patent laws. All
trademarks, service marks and trade names are owned, registered and/or licensed
by us (and by its licensors, where applicable). All content on the App (except
for Personal Information defined in User Content below), including but not
limited to text, software, scripts, code, designs, graphics, photos, applications, interactive features and all
other content (“Content”) is our intellectual property;
The Levitas Technologies name, logo, and the product names associated with the
Apps belong to Levitas Technologies (or its licensors, where applicable), and
no right or license is granted to use them by implication, estoppel or
otherwise. All rights reserved.
3. Modification
Levitas Technologies reserves the right, at any time,
to modify, suspend, or discontinue the Apps or any part thereof with or without
notice. You agree that Levitas Technologies will not be liable to you or to any
third party for any modification, suspension, or discontinuance of any App or
any part thereof.
II. User Content
1. Content
(a) "Content" means text, graphics,
patterns, images, software, photographs, drawings, paintings, works of
authorship of any kind, and information or other materials that are posted,
generated, provided or otherwise made available through the App.
(b) "User Content" means any Content that App users (including you)
provide to be made available through the App. You are solely responsible for
your User Content. You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or usefulness by
others, or any disclosure of your User Content that makes you or any third
party personally identifiable. You hereby represent and warrant that your User
Content does not violate the Acceptable Use Policy.
Levitas Technologies is not obligated to backup any
User Content and User Content may be deleted at any time. You are solely
responsible for creating backup copies of your User Content if you desire.
2. License
By uploading, distributing, or otherwise using your
User Content with any App, you automatically grant, and you represent and
warrant that you have the right to grant, to Us an irrevocable, nonexclusive,
royalty-free and fully paid, worldwide license, with the right to grant
sublicenses, to reproduce, distribute, publicly display, publicly perform,
prepare derivative works of, incorporate into other works, and otherwise use
your User Content, solely to display your User Content on any App.
3. Privacy
To use the App, you may be asked to provide certain
personal information. Issues due to the providing of your personal information
are governed by our Privacy Policy and you are giving your consent to the
collection of such information by using the App; therefore, we recommend you,
and you should ensure that you have read the provisions of it.
4. Links
The App may contain links to websites, applications or
other products or services operated by other companies (“Third Party
Services”). We do not endorse, monitor or have any control over these Third
Party Services, which have separate terms of use and privacy policies. We are
not responsible for the content or policies of Third Party Services and you
access such Third Party Services at your own risk.
III. Feedback
We welcome feedback, comments and suggestions for
improvements to the App ("Feedback").You grant to us a non-exclusive,
worldwide, perpetual, irrevocable, free, royalty-free, sublicensable and
transferable license under any and all intellectual property rights that you
own or control to use, copy, modify, create derivative works based upon and
otherwise exploit the Feedback for any purpose.
IV. Prohibited Usage
1. User responsibilities
When user use the App, You shall not in any way, and
you're forbidden to upload, distribute, or otherwise use any User Content for
any illegal or improper activity, including but not limited to the following:
Infringes,
misappropriates or violates a third party's patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of
publicity or privacy.
Tortious, trade libelous, defamatory,
false, or intentionally misleading.
That is harassing, abusive,
threatening, harmful, vulgar, obscene, or offensive, or that contains
pornography, nudity, gratuitous violence, or that promotes violence, racism,
discrimination, bigotry, hatred, or physical harm of any kind against any group
or individual, or is otherwise objectionable.
That is harmful to minors in any way.
That constitutes unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise.
That violates of any law, regulation,
or contractual obligations.
Collect information or data regarding
other users, including e-mail addresses, without their consent.
Violates, or encourages any conduct
that would violate, any applicable law or regulation or would give rise to
civil liability.
2. Prohibited Practices
You shall not in any way submit to us or to the App or
to any user of the App anything which in any respect:
is in breach
of any law, statute, regulation or by-law of any applicable jurisdiction;
is fraudulent, criminal or unlawful;
is inaccurate or out-of-date;
may be obscene, indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive,
derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive,
hateful, menacing, defamatory, untrue or political;
impersonates any other person or body
or misrepresents a relationship with any person or body;
may infringe or breach the copyright
or any intellectual property rights (including without limitation copyright,
trademark rights, and broadcasting rights) or privacy or other rights of us or
any third party;
may be contrary to our interests;
is contrary to any specific rule or
requirement that we stipulate on the App in relation to a particular part of
the App or the App generally;
involves your use, delivery or
transmission of any viruses or anything likely intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
V. Copyright
You acknowledge that the App and Content are protected
by copyright, trademark, and other laws of the respective States and countries.
You agree not to remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or accompanying the
App or Content, including User Content from other users. You shall abide by and
maintain all copyright notices, information and restrictions contained in any
Content accessed through the App.
VI. Enforcement
We reserve the right (but have no obligation) to
review any User Content in our sole discretion. We may remove or modify your
User Content at any time for any reason in our sole discretion with or without
notice to you.
VII. Term and
Termination
This Agreement commences on the date you accept this
Agreement (as described in the preamble) and will remain in full force and
effect while you use the App, unless earlier terminated in accordance with this
Agreement. If you violate these Terms of Use, our permission to you to use the
Application automatically terminates.
We, however, may, in our sole discretion, terminate these Terms of Use and your
access to any or all of the Application, at any time and for any reason,
without penalty or liability to you or any third party. In the event of your
breach of these Terms of Use, these actions are in addition to and not in lieu
or limitation of any other right or remedy that may be available to us. Upon
any termination of the Terms of Use by either you or us, you must promptly
uninstall the App on all of your Devices and destroy all materials downloaded
or otherwise obtained from the Application, all documentation, and all copies
of such materials and documentation. The following provisions survive the
expiration or termination of these Terms of Use for any reason whatsoever:
Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Entire
Agreement and Severability.
VIII. Indemnity
You agree to defend, indemnify, and hold us harmless
including our officers, directors, employees, agents, subcontractors, licensors
and suppliers, any of our affiliated companies or organizations, and any
successors, assigns or licensees, from and against any claims, actions or
demands, damages, losses, liabilities, judgments, settlements, costs or
expenses (including attorneys’ fees and costs) arising directly or indirectly
from or relating to a) the breach of these Terms of Use by you or anyone using
your computer, mobile device, password or login information; b) any claim, loss
or damage experienced from your use or attempted use of (or inability to use)
the Application; c) your violation of any law or regulation; or d) any other
matter for which you are responsible under these Terms of Use or under law. You
agree that your use of the Application shall be in compliance with all
applicable laws, regulations, and guidelines.
We reserve the right to assume the exclusive defense and control of any demand,
claim or action arising hereunder or in connection with the App and all
negotiations for settlement or compromise. You agree to fully cooperate with us
in the defense of any such demand, claim, action, settlement or compromise
negotiations, as requested by us.
IX. Warranty
Disclaimers
We make no representations or warranties whatsoever in
respect of the Application.
We cannot accept any liability whatsoever in respect of any content which is
provided by third parties and/or any other users of the Application. Any
actions you take based on content, notifications and otherwise provided by the
Application are taken at your sole risk and we will not accept any liability in
respect thereof. You should always check any information provided through the
Application to ensure its accuracy. To the maximum extent permitted by
applicable law, the Application is provided on an “as is” and “as available”
basis. We make no representations or warranties of any kind, express or
implied, as to the operation of the Application or any information, content,
materials or products included or referenced therein. To the full extent
permissible by applicable law, we disclaim all warranties, express or implied,
including, but not limited to, implied warranties of merchantability,
non-infringement of third parties’ rights and fitness for a particular purpose.
You acknowledge that your use of the Application is at your sole risk. We
disclaim any implied or statutory warranties (i) regarding the security,
accuracy, reliability, timeliness and performance of the Application; or (ii)
that the Application will be error-free or that any errors will be corrected;
or (iii) regarding the performance of or accuracy, quality, currency,
completeness or usefulness of any information provided by the Application.
No communication, information or advice given by us or any representative of
ours, whether written or oral, shall create any warranty. If you choose to rely
on such information, you do so solely at your own risk. Some states or
jurisdictions do not allow the exclusion of certain warranties. Accordingly,
some of the above exclusions may not apply to you. The Application may not be
available in all languages or in all countries, and we make no representation
that the functionality of the Application would be appropriate, accurate or
available for use in any particular location. The Application availability and
pricing are subject to change.
This disclaimer constitutes an essential part of these Terms of Use.
X. Limitation of
liability
To the maximum extent permitted by applicable law,
under no circumstances and under no legal or equitable theory, whether in tort,
contract, strict liability or otherwise, shall we, our affiliates, or any of
our or their employees, directors, officers, agents, vendors or suppliers be
liable to you or to any third party for any indirect, special, incidental or
consequential losses or damages of any nature arising out of or in connection
with the use of or inability to use the Application, including, without
limitation, damages for lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or computer or Device failure or malfunction,
even if a representative of ours has been advised of or should have known of
the possibility of such damages. In no event will we be liable for any damages
in excess of fifty dollars ($50).
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for certain damages. Accordingly, some of
the above limitations and disclaimers may not apply to you. To the extent that
we may not, as a matter of applicable law, disclaim any implied warranty or
limit liabilities, the scope and duration of such warranty and the extent of
our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Application must be
brought within one (1) year of the date of the event giving rise to such action
occurred. Remedies under these Terms of Use are exclusive and are limited to
those expressly provided for in these Terms of Use, even if the applicable
remedy under these Terms of Use fails of its essential purpose.
XI. Entire Agreement
These Terms of Use and Privacy Policy referenced to
herein constitute the entire Agreement between you and us pertaining to the
subject matter hereof. Anything contained in or delivered through the
Application that is inconsistent with or conflicts with the terms of this
Agreement is superseded by the terms of this Agreement. These Terms of Use may
not be modified, in whole or in part, except as described elsewhere in these
Terms of Use.
XII. Severability
If any of the provisions of these Terms of Use are
held to be not enforceable by a court or other tribunal of competent
jurisdiction, then such provisions shall be amended, limited or eliminated to
the minimum extent necessary so that these Terms of Use shall otherwise remain
in full force and effect.
XIII. Assignability
You may not assign or transfer these Terms of Use, by
operation of law or otherwise, without our prior written consent. You agree
that these Terms of Use and all incorporated Terms of Uses between you and we
may be assigned by us, in our sole discretion to any third party. You agree
that These Terms of Use and all incorporated Terms of Uses between you and us
may be assigned by us, in our sole discretion to any third party.
XIV. Contact Us
All notices to you relating to these Terms of Use
shall be posted on the Application or sent to you at the e-mail or physical
address if any, that you provided to us.
Please submit any notices to us relating to these Terms of Use via email to
© 2020 Levitas Technologies.
All Rights Reserved.