Bitmore Music (App)

Below you can find the Terms of Use for the Bitmore Music App found on both the Apple App and Google Play Stores.

Terms of Use

By using the software embedded in BITMORE LIMITED products (collectively, the "Product") (collectively, the "Product Software"), or by checking a check box or clicking a button to confirm your agreement to the terms, you agree that between you and BITMORE LIMITED (collectively, BITMORE LIMITED, "we" or "us") subject to the terms of this End User Licence Agreement (EULA). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE. Your purchase of the product, including the software, is covered by BITMORE LIMITED's limited warranty, the terms of which are provided with the product. This EULA does not apply to your mobile software or to products you have purchased (excluding the product software). This EULA governs your access to and use of the SOFTWARE PRODUCT. This EULA gives you specific legal rights, and you may also have other legal rights which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS EULA SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR INDIRECT DAMAGES OR OTHER RIGHTS, SO SUCH PROVISIONS OF THIS EULA MAY NOT APPLY TO YOU. This agreement has the force of law. BY ACCESSING AND USING THE PRODUCT SOFTWARE, YOU ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT TO ACCESS THE PRODUCT SOFTWARE. You represent and warrant that you are entitled, authorised and competent to accept and agree to this EULA on your behalf or the entity you represent. You represent that you are of legal age in your jurisdiction or place of residence to use or access the Product Software and to sign this EULA. If you do not agree to any provision in the relevant terms, you should stop accessing or using the product software. As described below, you can connect the product to the site service, and connect the product to the Internet or a mobile device via a WiFi or Bluetooth connection. By connecting the Product to the Site Services and connecting the Product to the Internet or a mobile device, you agree to manual updates to the Product's software. If you do not agree to update the product software, please do not connect the product to site services and the Internet. As described below, Section 9 describes important limitations (particularly those relating to personal safety and critical use) of the product software and related services. Please read carefully the specific details disclosed before agreeing to and accepting the relevant terms. Licence Subject to the terms of this EULA, BITMORE LIMITED grants you a limited, non-exclusive licence (without transfer rights) to run one (1) copy of the product's software in executable object code form on a product that you own or control, and only for personal, non-commercial use in conjunction with the Products. Limit You agree not to (and not permit others to): (a) licence, sell, lease, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software Product, or provide the Software Product to any third party; (b) copy or use the Product software for any purpose other than that permitted in Section 1; (c) use the Product software on any device other than a computer or computer owned or controlled by you; (d) remove or change any trademark, logo, copyright or other proprietary notices, icons, symbols or labels on the product software; (e) modify, create derivative works, disassemble, decompile, Reverse engineer any portion of the product software (unless applicable law expressly prohibits the restriction of such interoperability purposes, in which case you agree to contact BITMORE LIMITED at the first instance so that BITMORE LIMITED may have the opportunity to create changes). Software update In order to provide the functionality described in the product guide, this product software may cause the product to communicate with BITMORE LIMITED's servers in order to log usage. From time to time, BITMORE LIMITED may also develop patches, bugfixes, updates, upgrades, and other modifications to improve or improve the performance of the Product software and related services (collectively "Updates"). Such updates may affect or erase data on your product or change or reset settings on your product. Such updates may be installed on the App Store or the Google Play platform or otherwise with additional notice to you and, if you have connected the product to the Internet, your prior consent. If you do not want to install such updates, do not click the update button on the app store. You acknowledge that it may be necessary to install updates in order for the product and product software to function properly and to access all updated features of the product software. In some cases, you have the right to request that certain updates be removed or disabled (see contact information below); however, BITMORE LIMITED is not responsible for providing support for products that do not include software updates. If we provide further notice or request further user consent to update, all licensed users of the Products or Site Services will receive the notice or consent. Users who receive notification or consent are responsible for notifying all other users. Continued use of this product constitutes your agreement to this EULA. Ownership The product software and all worldwide copyrights, trade secrets and other intellectual property rights therein are the exclusive property of BITMORE LIMITED and its licensors. BITMORE LIMITED and its licensors reserve all rights not expressly granted to you in this EULA with respect to the software for this product. Subject to this EULA, the Product software (and all copies) are licensed to you, not sold to you. This EULA does not contain any implied licence. All suggestions and feedback you submit to BITMORE LIMITED regarding the software for this product shall be deemed the property of BITMORE LIMITED. BITMORE LIMITED may use, reproduce, modify, publish, or redistribute the submitted content for any purpose and in any way without compensation to you. You also agree that BITMORE LIMITED does not waive any rights to similar ideas or related concepts that BITMORE LIMITED has been aware of, developed by its employees, or obtained from other sources. Open source Certain software items included in the Product software are subject to "open source" or "free software" licences (collectively, "Open-Source Software"). Some open-source software is owned by third parties. Open-source software is not subject to the terms and conditions of this EULA. Each Open-Source Software is licensed under the terms of its Open-Source Software End User Licence. This EULA does not limit your rights, nor does it authorise you to supersede the terms and conditions of any applicable end user licence for the Open-Source Software. If any licence for specific open-source software requires BITMORE LIMITED to develop such open-source software, please submit a written request to BITMORE LIMITED by email or by post to the address below before BITMORE LIMITED may make modifications to such open source software. Deadline and Termination This EULA and the licences granted hereunder begin on the date you first use the Product software or the Product and continue in effect while you own the Product until terminated in accordance with this section. BITMORE LIMITED may terminate this EULA at any time if you fail to comply with any term. You may terminate this EULA immediately upon written notice to BITMORE LIMITED. Upon termination of this EULA, the licences granted hereunder terminate and you must cease all use of the Product Software. Limitation of Liability The laws of some jurisdictions do not allow the exclusion or limitation of liability or certain damages. If this applies to you, some or all of the following exclusions or limitations may not apply to you, and you may have additional rights. Nothing in this EULA (and in particular this "Limitation of Liability" clause) attempts to exclude liability that cannot be excluded by applicable law. In addition to the foregoing disclaimer, to the maximum extent permitted by applicable law, in no event (A) BITMORE LIMITED, its affiliates, successors, assigns, licensors, suppliers and their respective officers, directors, employees, None of the agents (collectively, the " BITMORE LIMITED Parties") shall be liable for any consequential, special or incidental damages, including damages for any loss of data or loss of profits arising out of or in connection with the use of this product or product software, notwithstanding that BITMORE LIMITED and (B) BITMORE LIMITED's aggregate damages (whether in contract, tort or otherwise) arising out of (or in connection with) the Product and the Product Software shall not exceed your prior 12 months (if any) of actual charges paid to BITMORE LIMITED or an authorised BITMORE LIMITED reseller for the disputed product. This indemnity is limited to an aggregate value and will not be increased by the existence of multiple events or claims. BITMORE LIMITED disclaims all liability for any liability incurred by BITMORE LIMITED's licensors and suppliers. Disclaimer The laws of some jurisdictions do not allow the exclusion or limitation of legal warranties, nor do they allow the exclusion or limitation of representations about goods or services. If this applies to you, some or all of the following exclusions or limitations may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BITMORE LIMITED PROVIDES THE SOFTWARE FOR THIS PRODUCT “AS IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GUARANTEE OF TITLE, QUIET BENEFIT, ACCURACY, NON-INTERFERENCE, SECURITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BITMORE LIMITED does not warrant that any particular results will be obtained from the use of this product software. BITMORE LIMITED does not warrant that the software for this product will be uninterrupted, virus- or other harmful code-free, timely, secure, or error-free. Use of all Product Information (as defined below), the Product Software and the Product shall be at your own discretion and risk. You shall be solely responsible (and BITMORE LIMITED shall not be liable) for any damage caused by your use of this product information, this software product or product, including air conditioning systems, plumbing, home appliances, products, other peripherals connected to this product, computers, mobile devices and all other items in your home and pets for total loss, liability or damage. Product Software Limitations This product software is designed to provide information about products in your home (collectively "Product Information"). All product information is provided "as is" and "as available". We do not guarantee its correctness or timeliness. Confidential Information "Confidential Information" refers to the product software and all other information that BITMORE LIMITED has notified in writing or orally as confidential information when it is disclosed to you, except for the following information that you can confirm: (A) previously known and without disclosure restrictions information; (b) information that is well known in the relevant industry or the public domain and that has no influence or effect on you personally; (c) information that is disclosed to you by a third party as a right and without restriction on disclosure; or (d) Information developed independently by you without access to confidential information. During the term of this Agreement, and for at least 3 years after termination of this EULA, you shall at all times use your best endeavours to ensure the confidentiality of this Confidential Information and to keep in perpetuity and confidentiality any Source Code you receive. You may not disclose, disseminate, or publish or disseminate Confidential Information to any individual, entity, company or other third party without the prior written consent of BITMORE LIMITED. You may not use any Confidential Information other than as expressly permitted. You shall immediately notify BITMORE LIMITED in writing of any unauthorized use or disclosure of Confidential Information or any other breach of this EULA and use all reasonable means to cooperate with BITMORE LIMITED to regain Confidential Information and prevent any further unauthorized use occurs. If you are required by law to disclose any Confidential Information, prior to disclosure, you shall (i) immediately notify BITMORE LIMITED so that BITMORE LIMITED has sufficient time to respond prior to disclosure; (ii) indicate the confidentiality and confidentiality of the Confidential Information; and (iii) Cooperate fully with BITMORE LIMITED to prevent any such disclosure and/or obtain a protective order to limit the scope of disclosure and/or use of Confidential Information. If such protections are not available, you may only disclose Confidential Information to the extent required by applicable law. You acknowledge that the Product software contains BITMORE LIMITED's valuable trade secrets and proprietary information and that any actual or threatened breach of Section 10 or Section 2 (Limitations) of this EULA will cause immediate and irreparable harm to BITMORE LIMITED and will result in monetary damages as the appropriate remedy, and this injunctive relief is an appropriate remedy for such breach. Export compliance This product software and related technology are governed by the export control laws of the People’s Republic of China and may be subject to the import and export regulations of other countries. You agree to comply strictly with all applicable laws and regulations and understand that it is your responsibility to obtain authorization, as necessary, when exporting, re-exporting, or importing the product software and related technology. You will hold the BITMORE LIMITED Parties harmless from and against any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including legal fees and expenses) arising out of (or in connection with) your breach of any of your obligations under this section. Governing Law This agreement shall be governed by the laws of the People's Republic of China for the conclusion, execution, interpretation, and settlement of disputes. If there is any dispute about the content or performance of the platform service agreement, both parties should try their best to settle it through friendly negotiation. If the negotiation fails, either party may seek injunctive relief in the intermediate people's Court of Shenzhen, China, where the agreement is signed. Transfer You may not assign any rights or obligations arising under this EULA, and any attempted assignment will be void. Notify All notifications will be sent to you via the email address you provided when you registered with BITMORE LIMITED. Divisibility If any provision of this EULA is unenforceable, that provision will be altered and interpreted to the maximum extent permitted by applicable law to achieve the purpose of that provision, and the remaining provisions will remain in effect. Abstain All waivers will only be effective if in writing and signed by BITMORE LIMITED. The mere waiver by BITMORE LIMITED of or failure to enforce any provision of this EULA shall not be deemed a waiver of any other provision or the application of such provision on any other occasion. General matters Use of this product software or product constitutes your irreversible acceptance of this product software. BITMORE LIMITED is not responsible for providing maintenance and support services for this software product. BITMORE LIMITED reserves the right to change these terms without notice. Please get in touch to check the latest version of terms of use. You acknowledge that the product software contains BITMORE LIMITED's valuable trade secrets and proprietary information and that any actual or threatened breach of Section 2 (Limitations) of this EULA will cause immediate and irreparable harm to BITMORE LIMITED and will result in monetary damages This injunctive relief is an appropriate remedy for such breach as an appropriate remedy. The headings of the sections of this EULA are for convenience only and shall not be used to interpret this EULA. Except as otherwise provided in this section, no modification of this EULA will be effective without prior writing signed by both parties. For any questions regarding this EULA, please email BITMORE LIMITED at: JUSTASK@ BITMORE LIMITED.CO.UK