Effective Date: 12 July 2019
PLEASE REGULARLY CHECK THE SITE TO VIEW THE CURRENT TERMS.
Use of the Services and DATA8 Properties
The Application, the Software, the Site, the Services, and the information and content available on the Site and in the Application, and the Services (as these terms are defined herein) (collectively, the “DATA8 Properties”) are owned by DATA8. Subject to the Terms, we grant you a limited license to reproduce portions of DATA8 Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by DATA8 in a separate license, your right to use any DATA8 Properties is subject to the Terms.
- Application License
Subject to your compliance with the Terms, DATA8 grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
- cHEART Software
The Software is embedded in cHEART Application. At no time will we provide you with a tangible copy of our Software. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution. Subject to your compliance with the Terms, DATA8 grants you a non-assignable, non-transferable, non-sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the Terms.
You understand that DATA8 Properties are evolving. As a result, we may require you to accept updates to DATA8 Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update DATA8 Properties with or without notifying you. You may need to update third-party software from time to time in order to use DATA8 Properties.
- Certain Restrictions
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit DATA8 Properties or any portion of DATA8 Properties; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of DATA8 Properties; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from DATA8 Properties; and (e) except as expressly stated herein, no part of DATA8 Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to DATA8 Properties shall be subject to the Terms. DATA8, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorised use of DATA8 Properties terminates the licenses granted by us pursuant to the Terms.
- Registering Your Account
In order to access certain features of DATA8 Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Site or has an account with the provider of the Application for the User’s mobile device (“Account”).
- Registration Data
In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least sixteen (16) years old. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorised use of your password or any other breach of security and exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DATA8 has the right to suspend or terminate your Account and refuse any and all current or future use of DATA8 Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use DATA8 Properties if you have been previously removed by us.
- DATA8 Properties
You agree that DATA8 owns all rights, title and interest in DATA8 Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or DATA8 Properties.
- Trademarks and other related graphics, logos, service marks and trade names used on or in connection with DATA8 Properties or in connection with the Services are the trademarks of DATA8 and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in DATA8 Properties are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to cHEART through its suggestion, feedback, contest, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant DATA8 the rights to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
By downloading, installing, and/or using the DATA8 Properties, you acknowledge and agree
You agree to indemnify and hold DATA8, its affiliates, officers, employees, agents and partners (collectively, the “DATA8 Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of: (a) your use of, or inability to use, DATA8 Properties; (b) your violation of the Terms; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations.
Terms and Termination
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use DATA8 Properties, unless terminated earlier in accordance with the Terms.
- Termination of Services by DATA8
DATA8 has the right to, immediately and without notice, suspend or terminate any Services provided to you, if you have materially breached any provision of the Terms. You agree that all terminations for cause will be made in DATA8’s sole discretion and that DATA8 will not be liable to you or any third party for any termination of your Account.
- Termination of Services by You
If you want to terminate the Services provided by DATA8, you may do so by either (a) notifying us at any time. Your notice should be sent, in writing, to firstname.lastname@example.org (b) closing your Account for all of the Services that you use.
- Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information and files associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately.
- No Subsequent Registration
If your registration(s) with or ability to access DATA8 Properties is discontinued by us, you agree that you will not attempt to re-register with or access DATA8 Properties or any cHEART community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, DATA8 reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
- International Users
DATA8 Properties are controlled and offered by DATA8 from Malaysia. DATA8 makes no representations that DATA8 Properties are appropriate or available for use in other locations.
This Terms constitutes the entire agreement between you and DATA8 relating to your access to and use of the DATA8 Properties. This Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DATA8, and our failure to assert any right or provision under this Terms shall not constitute a waiver of such right or provision.