Ginkgo Academy App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Ginkgo Academy and governs use of this app made available through the Apple App Store. By installing the Ginkgo Academy, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Ginkgo Academy App.
1. Parties
This Agreement is between you and Ginkgo Academy only, and not Apple, Inc. (“Apple”). Not withstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Ginkgo Academy, not Apple, is solely responsible for the App Ginkgo Academy and its content.
2. Privacy
Ginkgo Academy may collect and use information about your usage of the App Name App, including certain types of information from and about your device. Ginkgo Academy may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of Ginkgo Academy.
3. Limited License
Ginkgo Academy grants you a limited, non-exclusive, non-transferable, revocable license to use Ginkgo Academy App for your personal, non-commercial purposes. You may only use Ginkgo Academy App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using Ginkgo Chinese App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of Ginkgo Chinese App does not violate any applicable law or regulation. Your access to Ginkgo Chinese App may be terminated without warning if App Name believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Ginkgo Chinese App, you agree to be bound by this Agreement in respect to your child's use of Ginkgo Chinese App.
5. U.S. Legal compliance
You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Objectionable
Content Policy Content may not be submitted to Ginkgo Academy, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
7. Warranty
Ginkgo Chinese disclaims all warranties about Ginkgo Academy App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Ginkgo Academy, not Apple, shall be solely responsible for such warranty.
8. Maintenance and Support
Ginkgo Chinese does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Ginkgo Academy, not Apple, shall be obligated to furnish any such maintenance or support.
9. Product Claims
Ginkgo Academy, not Apple, is responsible for addressing any claims by you relating to the Ginkgo Academy App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that Ginkgo Academy App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
10. Third Party Intellectual Property Claims
Ginkgo Academy shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Ginkgo Academy App. To the extent Ginkgo Academy is required to provide indemnification by applicable law, Ginkgo Academy, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App Name App or your use of it infringes any third party intellectual property right.
Contact
Antoine LACAU
982 Montées des Rubens
73100 Gresy sur Aix FRANCE
You can reach Ginkgo Academy via e-mail at contact@ginkgoacademy.com