By entering this Agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with Calm Island Co., Ltd.; and (ii) to waive any and all of your rights to pursue or participate in a class action against Calm Island Co., Ltd., its affiliates, and related parties with regards to the app and/or the site.
Intellectual Property Rights:
All content included in or made available through the Apps (e.g. songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads, trademarks, service marks, logos, button icons, etc. contained therein) is the property of and/or licensed to Calm Island Co., Ltd. and subject to copyright and other rights protected by international intellectual property laws.
License and Access:
Basic (Free) Service :
A limited number of songs and other content will be made available to the free users of the Apps and unlocking any additional content will require in-app purchase.
In-App Purchases and Billing:
Use of Apps may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Apps and the Apps may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your mobile carrier for further information.
When you use Badanamu ESL Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Your Responsibility for Equipment and Related Costs:
Your use of the Apps, is solely at your own risk. The Apps and the associated content are provided “as is” and “as available” without warranty of any kind by Calm Island Co., Ltd. or its affiliates. To the maximum extent allowed by applicable law, each of Calm Island Co., Ltd. and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Badanamu ESL Apps will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. Neither Calm Island Co., Ltd. nor its affiliates, warrant, guarantee, or make any representations regarding the use or the results of the use of Badanamu ESL Apps with respect to performance, accuracy, reliability, security capability, currentness or otherwise.
Calm Island Co., Ltd. uses reasonable efforts to ensure that information about any of the content on Badanamu ESL Apps are correct. However, Calm Island Co., Ltd. cannot guarantee the accuracy of such information and will not be liable for any errors, omissions or other deficiencies.
Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Calm Island Co., Ltd. and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.
Limitation of Liability:
You acknowledge that you, or anyone else using Badanamu ESL Apps will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of Badanamu ESL Apps. You acknowledge that the persons using our apps are fit for such use and are using the same at your own discretion and sense of judgment.
In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the Badanamu ESL Apps, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one’s inability to access Badanamu ESL Apps, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of Badanamu ESL Apps; even if Calm Island Co., Ltd. and/or its affiliates have been advised of the possibility of such damages.
The total cumulative liability of Calm Island Co., Ltd., its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to Calm Island Co., Ltd. (and/or its affiliates) pursuant to this Agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Calm Island Co., Ltd. and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.
You agree that you shall defend, indemnify and hold harmless Calm Island Co., Ltd. and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, “Affiliates”) and other users of Badanamu ESL Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys’ fees and costs, arising out of or related to:
(ii) Your access or Use of Badanamu ESL Apps.
(iii) Any third party’s access or Use of Badanamu ESL Apps.
(iv) Your use of any of the Badanamu ESL App Content.
The latest update date: (2019-11-21)