As used herein, the terms “you” or “your” or such similar terms, shall also include the users which access or interact with your account, and the terms herein shall apply to their information in the same manner as they apply to your information. You are solely responsible to obtain all necessary consents and permissions of such users to our collection, storage and use of their information as described herein and PNA and/or its partners and/or affiliates shall have no liability or responsibility to such users except as prescribed by applicable law.
What Information do we collect about you?
Depending on how you use our App, we may ask you to share personally identifiable and other information with us. We also collect information when you voluntarily complete customer surveys, provide feedback and participate in competitions, if and when applicable.
Our primary objective in collecting user information is to provide and enhance the use of the App and the Services and to enable users to enjoy the Services.
When you register to, or use, the App and the Services or any portion thereof, we may collect and record the information you provide to us, whether through the Services or through social networks or other third party services (collectively, the “Account Information“). While our Services are in use, we keep track of your use of the Services so that we can enhance and improve them to the extent necessary.
Access to your information and correction
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information please email or write to us at the following address: [email protected]. We may make a small charge for this service.
We want to make sure your Personal Information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
Changing or Deleting Your Information
We will retain your Personal Information for as long as your Account is active or as needed to provide You with the Services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you would like us to delete your records in our system, please contact us at [email protected] and we will accommodate your request (except to the extent legally obligated to retain certain records).
If you have granted us access to your Account Information through a Service, you may request that we delete your Account Information by contacting us at [email protected]
“Personal information” means information about you that can be used to contact or identify you. The Personal information types collected in accordance with the Services may vary depending on the activity and may, without limitation, include:
- Your first and last name;
- Your e-mail address;
- Your Address;
- Your home location (city and country);
- Your profile picture, if applicable;
- The profile picture, name and contact list used by you or contained in the social network account through which you receive or access our Services, if applicable;
- Time spent on the App;
- Pictures and/or photos and/or images of yourself which will be uploaded to the App by you;
- Any other relevant information included in your order for the Services or other online profile.
The abovementioned Personal Information shall apply on corporate, mutatis mutandis.
“Non-personal information” is information that, when taken alone, cannot be used to identify or contact you. During your use of the App and the Services we may collect Non-Personal information about your use of the Services.
If Non-Personal information is collected for an activity that also requires Personal Information, we may combine your Non-Personal information with your Personal Information in an attempt to provide you with a better user experience, to improve the value and quality of the Services and to analyze how the Services are used.
In addition to information collected as described above, you may choose to share additional information about yourself through the Services. Any additional image or information you provide may be publicly displayed.
Please note that whenever you voluntarily disclose Personal Information on publicly-viewable screens or pages, that information will be publicly available and can be collected and used by others. For example, if you post your e-mail address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your Personal Information.
Other information we may collect includes your information about your mobile, computer, software, platform, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection, browser type, browser language, referring pages, exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity so that we can better understand customer behavior and improve our products, services, and advertising. We may also receive either non-personal or public information from third parties in connection with market and demographic studies and/or data that we may use to supplement Personal Information provided directly by you.
Use of Your Information
The Personal Information you provide will allow us, to send you messages regarding, among other things, appointments alerts and notifications, new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may at any time opt-out of any of these communications.
We may also use Personal and Non-Personal information, both individually and combined together, to better understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve static and dynamic advertising, to enforce our Terms, to ensure proper functioning of our products and services as well as to help improve Services and their content. In addition, we may combine Non-Personal information with Personal Information, such as an e-mail address to administer loyalty programs, and to tailor our offerings and/or web pages.
In all cases of data access and collection, the Personal Information you provide will not be disclosed, rented, loaned, leased, sold, or otherwise voluntarily distributed to unaffiliated third parties and will be used solely for the purpose of providing you with and improving the Services and for any other purpose stated herein.
We would like to send you information about products and services of ours and other companies in our group which may be of interest to you. If you have consented to receive marketing, you may opt out at a later date. You have a right at any time to stop us from contacting you for marketing purposes or giving your information to other members of our group. If you no longer wish to be contacted for marketing purposes, please email us at [email protected]
WE WILL RETAIN YOUR PERSONAL INFORMATION FOR AS LONG AS YOUR ACCOUNT IS ACTIVE OR AS NEEDED TO PROVIDE YOU THE SERVICES. IF YOU WISH TO TERMINATE YOUR ACCOUNT OR REQUEST THAT WE NO LONGER USE YOUR PERSONAL INFORMATION CONTACT US AT THE E-MAIL ADDRESS PROVIDED IN THE “CONTACT US” SECTION BELOW. YOU MAY ALSO CLOSE YOUR ACCOUNTS FOR ALL OF THE SERVICES WHICH YOU USE, WHERE THIS OPTION HAS BEEN MADE AVAILABLE TO YOU. NOTE THAT THERE MAY BE INSTANCES WHERE WE ARE LEGALLY REQUIRED TO RETAIN YOUR INFORMATION.
Access through Third Party Services
We may also collect or receive information about you from other users of the Services users choose to upload their e-mail contacts. This information will be stored by us and used primarily to help you and your friends connect.
Third Party Service Providers
We may employ third party companies and individuals to facilitate the Services or any portion thereof, to provide the Services or any portion thereof on its behalf, to perform specific tasks and functions (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services etc.) or to assist us in analyzing how the Services are used, only and for the extent necessary to provide those services.
From time to time, we employ third party contractors to collect personal information on our behalf to provide, without limitation, e-mail delivery, product, prize or promotional fulfillment, contest administration or other services through the Services. When requesting these services, you may be asked to supply your name, mailing address, telephone number and e-mail address to its contractors. We may ask some third party contractors, such as, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors’ needs and preferences. To enrich our understanding of individual customers, we may tie this information to the information you provide us.
Additionally, we reserve the right to access, use, and share with others your Personal Information for purposes of health, safety, and other matters in the public interest.
Note that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. We have no control over the information sent from your browser to those networks or other third parties and recommend that you ensure that your browser settings prevent the disclosure of information you would not like to share.
Disclosure of Your Personal Information
You understand and agree that we may be required to disclose Personal Information if required to do so by any applicable law or in the belief that such disclosure is, at PNA’s sole discretion, reasonably necessary to avoid liability, to comply with legal process, including, but not limited to a subpoena, statute, search warrant, or court order, or to protect our, or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
We may also disclose information about you if we determine that such disclosure is reasonably necessary to enforce the terms and conditions of the Services or to protect our operations or users or if we find that your actions violate our Terms. In all cases of data access and collection, the Personal Information you provide will not be disclosed, rented, loaned, leased, sold, or otherwise voluntarily distributed to unaffiliated third parties nor will we share Personal Information about you with third parties for their marketing purposes without your permission. Additionally, we may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
The App and/or the Services may contain links to other websites or applications. The fact that the App or the Services link to a website or application or presents a banner ad or other type of advertisement does not mean that we endorse or authorize that third party, nor is it a representation of any affiliation with that third party. If you click on a link to a third party website or application, including on an advertisement, you will leave our App and will go to the website or application linked to. These third party websites and applications may place their own cookies or other files on your computer or mobile device, and may collect data or solicit Personal Information from you. Other sites and applications follow different rules regarding the use or disclosure of the Personal Information you submit to them. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as us. You are therefore encouraged to read the privacy policies or statements of other websites and applications you visit before providing any Personal Information.
Changing or Deleting Your Information
If you would like us to delete your records in our system, please contact us at [email protected] and we will attempt to accommodate your request (except to the extent legally obligated to retain certain records).
We have made reasonable technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your Personal Information for improper purposes.
Privacy of Children
The Services are not intended for children under the age of 18. We do not knowingly collect personal information online from visitors in this age group. All users must be (a) at least of legal age to form a binding contract with us or under the strict and continuous supervision of a parent or any other qualified legal guardian, and (b) not barred from receiving the Services under the laws of the country in which they are resident or from which they use the App and the Services.
While we are very passionate about our Service and feel it can truly benefit our users, we believe it is not appropriate for children. In order to assist us with ensuring children do not enter or use our Service, please let us know of any activity you have encountered, or reasonably suspect, by children under the age of 18.
End User License Agreement
Acceptance of Terms
These terms of this End User License Agreement (“Terms“) you are reading are a legally binding agreement between PNA Inc. (“PNA”, “we” or “us”) and yourself (“you“). By installing, copying, downloading, accessing, or otherwise using PNA’s mobile application (the “App“) you agree that you have read, understood, accept and agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
PNA reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. In such case, we will post updated Terms and indicate the date of revision on our App and they shall take effect immediately and apply to your use of the App. Users are responsible for viewing these Terms periodically. Your continued use of the App after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If we feel the modifications are material, we will post a notice on our App and/or inform you by email and such modification(s) may take effect 30 days after the change is made and identified as material. If you do not agree to the Terms, your only remedy is to discontinue your use of the App and to cancel any Account(s) (as defined below) you have created for use of the App.
If you violate the Terms, PNA reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts you have created for using the App. You agree that PNA does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You agree that PNA may change any part of the App, including its content, at any time or discontinue the App or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the App you are of legal age to form a binding contract with PNA or under the strict and continuous supervision of a parent or any other qualified legal guardian in any applicable jurisdiction, and in any case, at least 18 years of age. Where you are providing consent for a minor to use the App, you are also agreeing that the minor will be bound by the Terms. You may not use the App and may not accept these Terms if you are a person barred from receiving the App under the laws of the country in which you are resident or from which you use the App.
Description of the App
PNA App is an interactive resource that has everything you need to maximize your Avologi experience.
you can maximize your results with a personalized treatment routine and step-by-step videos.
This application features includes: creating personalized treatments, tracking treatment progress by taking before and after pictures of your skin, creating your own treatment calendar, “how to use” instructions and more.
Access to the App
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the App. PNA does not provide you with the equipment to access and/or use our App. You are responsible for all fees charged by third parties related to your access and use of the App (e.g., charges by internet service providers or air time charges).
The Application is currently to be used on devices that operate with Apple’s operating system and/or with Google’s operating system.
PNA cannot guarantee that the App will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the App, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. PNA takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
In order to register to our App, you may be required to create an account. You can never use another account without permission. During the process of creating an account in order to access the App (the “Account“), you may be required to select a username and a password (the “Account Information“). The following rules govern the security of your Account Information. For the purposes of these Terms, references to Account Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the App, that are used to access the App:
- You shall not share your Account Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your Account, you must immediately notify PNA and modify your Account Information;
- You are solely responsible for maintaining the confidentiality of the Account Information, and you will be responsible for all uses of your Account Information, including purchases, whether or not authorized by you;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
- You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the App, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the App by any of the above mentioned;
- PNA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
Access to the App is currently free of charge. PNA may, at its sole discretion, change this policy and begin charging for access to the App and other features and services, and PNA may, at its sole discretion, add, remove or change the features and services it offers or the fees (including the amount or the type of fees) PNA charges at any time. PNA is not responsible for any charges or expenses you incur resulting from being billed by PNA in accordance with these Terms (including, inter alia, clearing and other payment services).
Subject to your agreement and compliance with these Terms, PNA grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the App on one (1) mobile device. Use of the App shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the App is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the App shall immediately terminate, and you shall immediately refrain from using the App. If the App or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the App, and must refrain from using the App.
You shall not make any copies of the App and are expressly prohibited from providing the App or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by PNA in writing.
You shall not remove or destroy any copyright or restricted rights notices: (a) affixed to any media containing the App; or (b) incorporated within the App. You shall reproduce any such copyright or restricted rights notices in any copy of the App created by you.
PNA may make modifications, additions and upgrades to the App, as it deems necessary. The terms of these Terms will apply to any updates that PNA may make available to you unless the update is accompanied by a separate license, in which case the terms of that license will govern. You agree that updates may require you to change or update your application, and may affect your ability to use, access or interact with the App. PNA is not obligated to provide any maintenance, technical or other support for the Application.
Our App is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our App for any commercial or competitive activity or purpose.
PNA may refuse access to the App or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the App, User Content (as defined below), products, or PNA’s intellectual property as determined by PNA in its sole discretion. You may lose your user name as a result of Account termination or suspension, without responsibility on the part of PNA for any damage that may result from the foregoing. If you have more than one Account, PNA may terminate or suspend all of your Accounts.
You acknowledge that PNA is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing benefits (to the extent applicable) associated with your Account. In the event that PNA terminates your Account, you may not participate nor make use of the App again without PNA’s express consent. PNA reserves the right to refuse to keep Accounts for, and provide access to the App or other App to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected]
You are solely responsible to preserve the originals of any content you provide and/or upload to the App. PNA does not guarantee that any content will always be available through the App. Do not rely upon the App as a storage space for such content.
IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY:
(I) NOTIFYING US AT ANY TIME AT [email protected] OR (II) CLOSING YOUR ACCOUNTS FOR ALL OF THE APP WHICH YOU USE, WHERE THIS OPTION HAS BEEN MADE AVAILABLE TO YOU.
The provisions of these Terms shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.
You agree that any content published by you through the App is done so through the use of technology and tools provided by PNA. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant PNA the right to act as an agent on your behalf as the App operator.
PNA does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the App by any user (“User Content“). However, by sending and/or creating User Content and/or using the App you automatically grant PNA a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the App and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by PNA associating such User Content with your user information, user name and/or profile picture. PNA may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of PNA’s users may view and use the User Content. You may request that PNA delete and make no further use of such material by contacting us at: [email protected]
PNA may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the App. By using the App, you acknowledge and accept that you may be exposed to material(s) you find offensive or objectionable. You agree that PNA will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
PNA reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the App with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, PNA shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
The App may provide communication channels such as forums, communities, or chat areas (“Communication Channels“) designed to enable you to communicate with other users of the App. PNA is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. PNA may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by PNA, and these communications should not be considered reviewed or approved by PNA. You will be solely responsible for your activities within the Communication Channels and under no circumstances will PNA be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. PNA is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
It is your personal responsibility to use these Communication Channels in a responsible and ethical manner. By posting information or otherwise using any Communication Channels as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; (ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; (iii) Contains any type of unauthorized or unsolicited advertising.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the App and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such App. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, PNA or other users, and that you shall not act in bad faith in your use of the App. If PNA determines that you have acted in bad faith and/or in violation of these Terms, or if PNA determines that your actions fall outside of reasonable community standards, PNA may, at its sole discretion, terminate your Account and prohibit you from using the App. You agree that your use of the App shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
- Create an Account with or access the App if you are barred from receiving the App under the provisions of these Terms or any applicable law;
- Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person’s view, otherwise offensive or objectionable;
- Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
- Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by PNA or by applicable statutory law), modify or alter any part of the App;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the App or the computers of other users of the App;
- Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
- Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the App in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the App is accessed;
- Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
- Upload or transmit (or attempt to upload or to transmit), without PNA’s express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- Improperly use support channels or complaint buttons to make false reports to PNA;
- Develop and distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
- Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on PNA or otherwise disparages or devalues PNA’s reputation or goodwill;
- Make representations with respect to PNA not approved in advance and in writing by PNA. You shall obtain PNA’s prior written approval to the content of any marketing message, and with respect to any use of PNA’s trade name and/or trademarks and/or designs in connection with the App;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without PNA’s prior written consent;
- Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without PNA’s prior written consent;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the App;
- Attempt to use the App on or through any service that is not authorized by PNA. Any such use is at your own risk and may subject you to additional or different terms. PNA takes no responsibility for your use of the App through any service that is not authorized by it;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the App; and/or
- Interfere with the ability of others to enjoy using the App, including disruption, overburden or aid the disruption or overburdening of the App’ servers, or take actions that interfere with or materially increase the cost to provide the App for the enjoyment of all its users.
The foregoing list of prohibitions provides examples and is not exhaustive or exclusive. PNA may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at PNA’s discretion, PNA will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the App or on the Internet.
Intellectual Property Ownership
PNA and/or its affiliates retain all rights in the App materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “App Materials“). The entire contents of the App are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the App pursuant to these Terms or otherwise exploit any of the App Materials without PNA’s explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the App in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from PNA. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.
PNA and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the App Materials. You hereby acknowledge that you do not acquire any ownership rights by using the App or by accessing any of the App’ Materials, or rights to any derivative works thereof.
You are not required to provide PNA with any feedback or suggestions regarding the App or any of the App Materials. However, should you provide PNA with comments or suggestions for the modification, correction, improvement or enhancement of the App and/or any of the App Materials, then, subject to the terms and conditions of these Terms, you hereby grant PNA a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner PNA chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of PNA’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media PNA chooses, but without reference to the source of such comments or suggestions.
Any such feedback, suggestions opinions, advice and all other information expressed by any third-parties on the App represent their own views and not those of PNA. You should not rely on such feedback, suggestions, opinions, advice or other information. Neither PNA nor any of its affiliates or their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates shall be responsible or liable for any decisions made based on such information.
Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the App shall be at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the App. You are responsible for following all applicable laws and regulations from the country in which you reside. The App is provided on an “AS IS” and “AS AVAILABLE” basis. Without derogating from the foregoing, to the fullest extent permitted by law, PNA, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the App and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. PNA makes no warranties or representations about the accuracy or completeness of the content of the App, of the content of any sites linked to the App, of any Third Party Materials (as defined below) and assumes no liability or responsibility for any:
- Violation of any term of these terms;
- Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
- Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the App;
- Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- Any interruption or cessation of transmission to or from the App;
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the App by any third party;
- Any results that may be obtained from the use of the App;
- The quality of any information, or other material obtained by you through the App;
- Any content which is published, displayed and/or suggested through the App, its integrity, accuracy and/or reliability; or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the App.
The App does not provide any medical advice, but only gathers the information and data. The content of the App is not intended to replace personal consultation with a qualified physician or other healthcare professional. Always seek the advice of your physician or other qualified healthcare professional with any question you may have regarding a medical condition. You should never disregard medical advice or delay in seeking it because of the App. PNA does not provide health care services and therefore cannot guarantee any results or outcomes. PNA does not recommend self-management of health problems, nor does it promote any particular form of medical treatment.
If a healthcare professional consults you in connection and based on the information gathered in the App, You and the healthcare professional shall have a direct relationship thereupon. PNA is not in any way liable on such actions and is not acting anyhow thereupon as a healthcare professional, but only is providing the App to gather the information you desire to collect.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL PNA, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE APP OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRMEIR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PREMEIR SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT DEROGATING FROM THE AFOREMENTIONED, IN ANY EVENT PREMEIR’S MAXIMUM LIABILITY IN ALL CASES AND FROM ALL CAUSES OF ACTION SHALL BE LIMITED TO THE SUM OF US $1.
In the event you are dissatisfied with, or dispute, these Terms and/or the App, your sole right and exclusive remedy is to terminate your use of the App, even if that right or remedy is deemed to fail of its essential purpose. You confirm that PNA has no other obligation, liability or responsibility to you or any other party.
You agree to indemnify and hold PNA, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
- Your use of and access to the App;
- Your violation of any term of these Terms;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- Any claim that any user submission made by you has caused damage to a third party; or
- Any User Content you post or share on or through the App.
Third Party Material
You may be able to access, review, display or use third party App, resources, content, information or links to other websites or resources (the “Third Party Materials“) via the App. You acknowledge and agree that regardless of the manner in which such Third Party Materials may be offered to you, PNA merely acts as an intermediary platform between you and such Third Party Materials and does not in any way endorse any such Third Party Materials. The Third Party Materials are not under the control of PNA and may be subject to such legal terms that govern such Third Party Materials (which you are encouraged to review before engaging them).You further acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and PNA disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the App. You acknowledge and agree that PNA: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or App on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the App. Your ability to access or link to Third Party Materials or third party App does not imply any endorsement by PNA of Third Party Materials or any such third party App.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of PNA’s rights and remedies under these Terms and/or under law, PNA will be entitled, at its sole discretion, to immediately discontinue the App or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. PNA cannot grant permission to use third party content.
Links, Search Engines
The App may contain links to other websites, applications or resources (the “Linked Sites”). The Linked Sites are not under the control of PNA and PNA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PNA is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by PNA of the site or any association with its operators. You acknowledge and agree that PNA will 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, goods or App available on or through any such site or resource.
Notices to you may be made via the App and/or e-mail. PNA may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the App. You agree that all agreements, notices, disclosures and any other communications that PNA provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
By using or visiting the App, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and PNA. Any claim or dispute between you and PNA that arises in whole or in part from your use of the App shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The failure by PNA to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
This Agreement constitute the complete and exclusive agreement between PNA and You regarding its subject, matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of each party.
For any questions about these Terms or any other issue regarding PNA or the App please contact us at: [email protected]
Last update: Aug 15th 2017
All rights reserved, PNA Inc