Terms and Conditions For TwitterIt
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application
means the software program provided by the Company downloaded by You on
any electronic device, named Manage Contacts for WhatsApp
Application
Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which
the Application has been downloaded.
Affiliate means an entity that
controls, is controlled by or is under common control with a party,
where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors
or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company
(referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Polar Bear Applications & Mobile Games Inc,
Global Gateway 8 Rue de la Perle Providence Mahe Seychelles.
Content
refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
Country refers to: Seychelles
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback
means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
In-app
Purchase refers to the purchase of a product, item, service or
Subscription made through the Application and subject to these Terms and
Conditions and/or the Application Store's own terms and conditions.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Terms
and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
Third-party Social Media Service
means any services or content (including data, information, products or
services) provided by a third-party that may be displayed, included or
made available by the Service.
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of
which such individual is accessing or using the Service, as applicable.
Acknowledgement
These
are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the
use of the Service.
Your access to and use of the Service is
conditioned on Your acceptance of and compliance with these Terms and
Conditions. These Terms and Conditions 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 and Conditions. If You
disagree with any part of these Terms and Conditions then You may not
access the Service.
Your access to and use of the Service is also
conditioned on Your acceptance of and compliance with the Privacy
Policy of the Company. Our Privacy Policy describes Our policies and
procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You
about Your privacy rights and how the law protects You. Please read Our
Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You legally capable of entering into binding contracts.
Your Information
If
You wish to place an Order for Goods available on the Service, You may
be asked to supply certain information relevant to Your Order 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 or debit card(s) or other payment method(s) in connection with
any Order; 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 payment processing third
parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our
Returns Policy forms a part of these Terms and Conditions. Please read
our Returns Policy to learn more about your right to cancel Your Order.
Your
right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the
products instructions, documents and wrappings. Goods that are damaged
or not in the same condition as You received them or which are worn
simply beyond opening the original packaging will not be refunded. You
should therefore take reasonable care of the purchased Goods while they
are in Your possession.
We will reimburse You no later than 14
days from the day on which We receive Your order cancellation notice. We
will use the same means of payment as You used for the Order, and You
will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The
supply of Goods which according to their nature are not suitable to be
returned, deteriorate rapidly or where the date of expiry is over.
The
supply of Goods which are not suitable for return due to health
protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The
supply of digital content which is not supplied on a tangible medium if
the performance has begun with Your prior express consent and You have
acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We
are constantly updating Our offerings of Goods on the Service. The
Goods available on Our Service may be mispriced, described inaccurately,
or unavailable, and We may experience delays in updating information
regarding our Goods on the Service and in Our advertising on other
websites.
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.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The
prices quoted may be revised by the Company subsequent to accepting an
Order in the event of any occurrence affecting delivery caused by
government action, variation in customs duties, increased shipping
charges, higher foreign exchange costs and any other matter beyond the
control of the Company. In that event, You will have the right to cancel
Your Order.
Payments
All Goods purchased are subject to a
one-time payment. Payment can be made through various payment methods we
have available, such as Visa, MasterCard, Affinity Card, American
Express cards or online payment methods (PayPal, for example).
Payment
cards (credit cards or debit cards) are subject to validation checks
and authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of
Your Order.
Subscriptions
Subscription period
The Service
or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic
basis (such as daily, weekly, monthly or annually), depending on the
type of Subscription plan you select when purchasing the Subscription.
At
the end of each period, Your Subscription will automatically renew
under the exact same conditions unless You cancel it or the Company
cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You
will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service
until the end of Your current Subscription period.
If the
Subscription has been made through an In-app Purchase, You can cancel
the renewal of Your Subscription with the Application Store.
Billing
You
shall provide the Company with accurate and complete billing
information including full name, address, state, zip code, telephone
number, and a valid payment method information.
Should automatic
billing fail to occur for any reason, the Company 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.
If the Subscription
has been made through an In-app Purchase, all billing is handled by the
Application Store and is governed by the Application Store's own terms
and conditions.
Fee Changes
The Company, in its sole
discretion and at any time, may modify the Subscription fees. Any
Subscription fee change will become effective at the end of the
then-current Subscription period.
The Company will provide You
with reasonable prior notice of any change in Subscription fees to give
You an opportunity to terminate Your Subscription before such change
becomes effective.
Your continued use of the Service after the
Subscription fee change comes into effect constitutes Your agreement to
pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain
refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
If
the Subscription has been made through an In-app purchase, the
Application Store’s refund policy will apply. If You wish to request a
refund, You may do so by contacting the Application Store directly.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
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 a Free Trial,
You will not be charged by the Company 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, the Company reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel
such Free trial offer.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More
information about how you may be able to manage In-app Purchases using
your Device may be set out in the Application Store's own terms and
conditions or in your Device's Help settings.
In-app Purchases
can only be consumed within the Application. If you make a In-app
Purchase, that In-app Purchase cannot be cancelled after you have
initiated its download. In-app Purchases cannot be redeemed for cash or
other consideration or otherwise transferred.
If any In-app
Purchase is not successfully downloaded or does not work once it has
been successfully downloaded, we will, after becoming aware of the fault
or being notified to the fault by You, investigate the reason for the
fault. We will act reasonably in deciding whether to provide You with a
replacement In-app Purchase or issue You with a patch to repair the
fault. In no event will We charge You to replace or repair the In-app
Purchase. In the unlikely event that we are unable to replace or repair
the relevant In-app Purchase or are unable to do so within a reasonable
period of time and without significant inconvenience to You, We will
authorize the Application Store to refund You an amount up to the cost
of the relevant In-app Purchase. Alternatively, if You wish to request a
refund, You may do so by contacting the Application Store directly.
You
acknowledge and agree that all billing and transaction processes are
handled by the Application Store from where you downloaded the
Application and are governed by that Application Store's own terms and
conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Promotions
Any 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.
User 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 Social Media 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 trademark 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.
Content
Your Right to Post Content
Our
Service allows You to post 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, publicly perform, publicly
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 agree that this license
includes the right for Us to make Your Content available to other users
of the Service, who may also use Your Content subject to these Terms.
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.
Content Restrictions
The
Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the
Content and for all activity that occurs under your account, whether
done so by You or any third person using Your account.
You may
not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such objectionable Content include,
but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory,
discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
Spam, machine –
or randomly – generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling.
Containing or installing any
viruses, worms, malware, trojan horses, or other content that is
designed or intended to disrupt, damage, or limit the functioning of any
software, hardware or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of a third
person.
Infringing on any proprietary rights of any party, including
patent, trademark, trade secret, copyright, right of publicity or other
rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The
Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and
complies with this Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content.
As the Company
cannot control all content posted by users and/or third parties on the
Service, you agree to use the Service at your own risk. You understand
that by using the Service You may be exposed to content that You may
find offensive, indecent, incorrect or objectionable, and You agree that
under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt
or invalid backup points may be caused by, without limitation, Content
that is corrupted prior to being backed up or that changes during the
time a backup is performed.
The Company will provide support and
attempt to troubleshoot any known or discovered issues that may affect
the backups of Content. But You acknowledge that the Company has no
liability related to the integrity of Content or the failure to
successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We
respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person.
If
You are a copyright owner, or authorized on behalf of one, and You
believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the
Service, You must submit Your notice in writing to the attention of our
copyright agent via email at polarbear@mrfloydinc.com and include in
Your notice a detailed description of the alleged infringement.
You
may be held accountable for damages (including costs and attorneys'
fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You
may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A
description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A
statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
A
statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at polarbear@mrfloydinc.com.
Upon
receipt of a notification, the Company will take whatever action, in
its sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
Intellectual Property
The
Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the
exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our
trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.
Your Feedback to Us
You
assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to
grant the Company a non-exclusive, perpetual, irrevocable, royalty free,
worldwide right and licence to use, reproduce, disclose, sub-licence,
distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The
Company has 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 the Company 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 the 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
these Terms and Conditions.
Upon termination, Your right to use
the Service will cease immediately. If You wish to terminate Your
Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To the maximum extent
permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages
for loss of profits, loss of data or other information, for business
interruption, for personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with the Service,
or otherwise in connection with any provision of this Terms), even if
the Company or any supplier has been advised of the possibility of such
damages and even if the remedy fails of its essential purpose.
Some
states do not allow the exclusion of implied warranties or limitation
of liability for incidental or consequential damages, which means that
some of the above limitations may not apply. In these states, each
party's liability will be limited to the greatest extent permitted by
law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service 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, the Company, 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 Service, 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, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service
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 the Company
nor any of the company's provider makes any representation or warranty
of any kind, express or implied: (i) as to the operation or availability
of the Service, or the information, content, and materials or products
included thereon; (ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of
the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not
allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
The
laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may
also be subject to other local, state, national, or international laws.
Disputes Resolution
If
You have any concern or dispute about the Service, You agree to first
try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If
You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You
represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been
designated by the United States government as a “terrorist
supporting†country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability and Waiver
Severability
If
any provision of these Terms 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.
Waiver
Except as provided herein, the failure to
exercise a right or to require performance of an obligation under this
Terms shall not effect 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 a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We
reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable
efforts 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, in whole or in
part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: karan.vora2082@gmail.com
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