Term Of Use

Post by Diavostar | 29-12-2022

 

Term Of Use

IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND
CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND
CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Please read these Terms of Use carefully as they describe the rules you have to follow, outline
your legal rights, and explain the rights you give to us when you use our services.
Please also read our Privacy Policy and any other terms or documents referred to in these Terms
of Use.

I. AGREEMENT:

This Term of Use is a legal agreement between you and Diavostar.

By installing or otherwise using the our Apps, you:

  • Agree to be bound by the terms and conditions of this Term,
  • You represent and warrant that you own or control the mobile device in which our app will be
    installed
  • You represent and warrant that you have the right, authority and capacity to enter into this
    Term and to abide by all its terms and conditions, just as if you had signed it.

The terms and conditions of this Terms of Use also apply to any Diavostar App updates,
supplements, and services that are not provided under a separate license or other agreement with
us. If you do not agree to the terms and conditions of this Term, do not install or use any
Diavostar App. We may amend these terms and conditions from time to time. If the changes
include material changes that affect your rights or obligations, we will notify you of the
changes by reasonable means. You acknowledge that an in-app message which notifies you of such
changes when you open up the Diavostar App shall constitute reasonable means. Your continued
use of the Diavostar Apps after we post any amendments to this Term will signify your
acceptance of such amendments. If you do not agree with any amendment, you must discontinue
using the Diavostar Apps.

If you have any questions or concerns regarding the terms or conditions herein, please email us
at khanhpd1092@gmail.com. Do not use the Diavostar Apps until your questions and concerns
have been answered to your satisfaction and you agree to abide by the Term of Use.

Use of the Diavostar Apps is subject to our Privacy Policy, which is hereby incorporated into
this Terms of Use by reference. This Terms of Use also includes any additional payment terms and
other requirements set forth on the download or purchase page through which you purchase or
download the Diavostar Apps. The Diavostar Apps may be available through marketplaces that
distribute mobile applications and that may have additional terms, conditions and usage rules
that govern your use of the Diavostar Apps if you download or install the Diavostar Apps
through GooglePlay.

II. AGE REQUIREMENT:

You must be 13 years of age or older to install or to use the Diavostar apps. If you are at
least 13 but not yet 18 years of age, please have your parent or legal guardian review this Term
of Use with you, discuss any questions you might have, and install the Diavostar Apps for you.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an
Diavostar App, you agree to the terms and conditions of this Term of Use on behalf of your
child. You are responsible for exercising supervision over your children’s online activities. If
you do not agree to this Term, do not let your child use the Diavostar Apps or associated
features.

III. GRANT OF LICENSE:

Subject to your compliance with the terms and conditions of this Term of Use,we grants you a
limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access,
download and install the most current generally available version of the Diavostar Apps on a
single, authorized mobile device that you own or control solely for your lawful, personal, and
non-commercial entertainment use.


IV. RIGHTS AND LIMITATIONS:


1. Restricted Use.

You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for
your own backup purposes), or in any way transfer or grant any rights to the Diavostar Apps or
use the Diavostar Apps for the benefit of any third party. You agree that you will not use any
robot, spider, other automatic or manual device or process to interfere or attempt to interfere
with the proper working of the Diavostar Apps, except to remove our Diavostar Apps from a
mobile device which you own or control. You may not violate or attempt to violate the security
of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise
tamper with any Diavostar Apps, or attempt to do so for any reason or by any means. You may
not access, create or modify the source code of any Diavostar Apps in any way. You do not have
the right to and may not create derivative works of any Diavostar Apps or any portions
thereof. All modifications or enhancements to the Diavostar Apps remain the sole property of
us.

2. Diavostar Apps Updates.

We reserve the right to add or remove features or functions to existing Diavostar Apps. When
installed on your mobile device, the Diavostar Apps periodically communicate with our servers.
We may require the updating of the Diavostar Apps on your mobile device when we release a new
version of the Diavostar Apps, or when we make new features available. This update may occur
automatically or upon prior notice to you, and may occur all at once or over multiple sessions.
You understand that we may require your review and acceptance of our then-current Term of Use
before you will be permitted to use any subsequent versions of the Diavostar Apps. You
acknowledge and agree that any obligation we may have to support previous versions of the
Diavostar Apps may be ended upon the availability of updates, supplements or subsequent
versions of the Diavostar Apps. You acknowledge and agree that we have no obligation to make
available to you any updates, supplements or subsequent versions of the Diavostar Apps.

3. Access.

You must provide at your own expense the equipment, Internet connections, devices and service
plans to access and use the Diavostar Apps. If you access an Diavostar App through a mobile
network, your network or roaming provider’s messaging, data and other rates and fees may apply.
You are solely responsible for any costs you incur to access the Diavostar Apps from your
device. Downloading, installing or using certain Diavostar Apps may be prohibited or
restricted by your network provider and not all Diavostar Apps may work with your network
provider or device. We make no representation that the Diavostar Apps can be accessed on all
devices or wireless service plans. We make no representation that the Diavostar Apps are
available in all languages or that the Diavostar Apps are appropriate or available for use in
any particular location.

4. Purchases & Cancellation Rights.

(A) Where you purchase from a third party: Diavostar Apps are available for purchase from
GooglePlay and/or will allow you to make an in-application purchase. Payment for such purchases
may be processed by third parties who act on our behalf or directly by the mobile platform
owner. European Union residents normally have a right to cancel online purchases within 14 days
of making them. Please note and acknowledge: if you are resident in the European Union and
download an Diavostar App from a mobile platform owner (e.g. Apple or Google), you may not be
able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in
this regard before purchase. This may also apply to subscriptions and in-app purchases. You can
find further information on cancelling orders and any associated refunds on Google Play Store.

(B) Where you purchase from Diavostar directly: Please note and acknowledge: you agree to
waive your cancellation and refund right once the download of the app or the relevant purchase
is made. This means that you will not be able to cancel your order or obtain a refund once the
download and delivery of the app is complete. This will also apply to subscriptions and in-app
purchases. You can find further information on cancelling orders and any associated refunds from
GooglePlay.

5. Subscription Services.

Certain Diavostar Apps on the Google Play Store will allow you to obtain the benefit of the
application on a subscription basis. Payment for such a subscription (which may be for example
daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by
GooglePlay. Free trial subscriptions may be cancelled at any point up to 24 hours at any time
before the end of the trial period. You can cancel a subscription service at any time during the
subscription period via the subscription settings in your GooglePlay account. The cancellation
will take effect after the last day in the relevant subscription period.

6. Trial Periods.

Certain of our subscription services on the Google Play Store may from time to time be offered
for a fixed period of time on a free-trial basis. You are free to cancel a free-trial
subscription at any time via the subscription setting in your Android account. Please note: your
free-trial subscription will automatically renew as a paid subscription unless you cancel before
the end of the trial period.

V. THIRD-PARTY PARTNERS

1. Third-Party Services and Content.

The Diavostar Apps may integrate, be integrated into, bundled, or be provided in connection
with third-party services, advertising, feeds, and/or content. If you are installing an
Diavostar App that includes third party services and third party content, such services and
content are subject to such third party’s terms of services and privacy policies, which may be
found on the relevant Third Party Partner’s website. Diavostar Apps may provide access or
links to Third Party Partner websites or resources. We have no control over such websites and
resources, and you acknowledge and agree that we are not responsible for the availability of
such external websites or resources, and do not endorse nor are responsible or liable for any
content, advertising, products, or other materials on or available from such websites or
resources. 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 (as defined below), goods or services
available on or through any such website or resource. We will not be a party to or in any way be
responsible for monitoring any transaction between you and Third Party Partners.

2. Access to Third-Party Services and Content through Diavostar Apps.

All services, advertising, feeds and content, including without limitation, all data, links,
articles, graphic or video messages and all information, text, software, music, sound, graphics
or other materials (“Content”) made available or accessible through an Diavostar App, whether
publicly available or privately transmitted, is the sole responsibility of the entity or person
from whom it originated. You hereby acknowledge and agree that by using an Diavostar App you
may be exposed to Content that may be offensive, indecent or objectionable in your community.
You agree to accept all risks associated with the use of any Content, including any reliance on
the accuracy or completeness of such Content.

VI. SECURITY:

Diavostar Apps, like other consumer technologies, may not be 100% secure. By accepting this
Term you acknowledge and accept that the Diavostar Apps and any information you download or
offer to share by means of an Diavostar App, may be exposed to unauthorized access,
interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept
all responsibility for such security risks and any damage resulting therefrom. Further, you are
solely responsible for securing your mobile device from unauthorized access, including by such
means as using complex password protection and, for Android users, enabling device encryption in
your settings. You agree that Diavostar shall not be liable for any unauthorized access to
your mobile device or the app data thereon.

VII. UNINSTALL/REMOVAL OF AN Diavostar APP:

Uninstallation and removal methods vary depending on your device. To uninstall and remove the
Diavostar Apps, please use the application manager provided with your device or consult your
device manual for reference.

VIII. CONSENT TO USE OF DATA AND USER REVIEWS:

You agree that we may collect and use technical data and related information, including but not
limited to technical information about your device, system and application software, and
peripherals, that is gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the Diavostar Apps. We may use
this information in accordance with the Privacy Policy located here.

Additionally, if you choose to provide app store reviews or reviews via any social media
channel, or other similar communication or messaging features or services, such information may
be made publicly available, including the public-facing username as it appears with the review.
If you prefer that we do not use your app reviews for promotional purposes, you will be able to
elect for us not to do so by submitting your request khanhpd1092@gmail.com (please include your
name, mailing address, and email address). For security purposes, please do not include any
password, social security number, payment card or other sensitive information via these
features. We have the right, but not the obligation to monitor messages and communications
between and among users for security and training purposes. We may, but are not obligated to,
remove any content we deem inappropriate.