TERMS AND CONDITIONS
Last updated: 30/05/2024
Welcome to "Push Social", a mobile application (the "App"). Please read these Terms and
Conditions carefully before using our App.
- ACCEPTANCE OF TERMS
By downloading, accessing, and using our App, you are agreeing to be bound by these Terms
and Conditions. If you do not agree with any of these terms, you are prohibited from using or
accessing our App.
- LICENSE
Apps made available through the App Store are licensed, not sold, to you. Your license to each
App is subject to your prior acceptance of either this Licensed Application End User License
Agreement (“Standard EULA”), or a custom end user license agreement between you and the
Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under
this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party
App under this Standard EULA or Custom EULA is granted by the Application Provider of that
Third Party App. Any App that is subject to this Standard EULA is referred to herein as the
“Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all
rights in and to the Licensed Application not expressly granted to you under this Standard
EULA.
- USER ACCOUNTS
You may need to create an account to use our App. You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your account.
- SUBSCRIPTIONS AND PAYMENTS
Push Social offers both free and paid versions of the App. The paid version of the App is
available on a monthly or yearly subscription basis. Subscription fees will be billed at the start of
your subscription and at the beginning of each renewal period unless and until you cancel your
subscription.
- FREE TRIALS
We may offer free trials for our paid services. Unless you cancel before the end of the free trial,
you will be charged the subscription fee.
- USER CONDUCT
You agree to comply with all applicable laws when using our App and you may only use the App
for lawful purposes.
- PRIVACY
Our Privacy Policy, which is incorporated into these Terms and Conditions by reference, further
describes the collection and use of information on this App.
- USER CONTENT
Our App allows you to post content, like workouts, photos, comments, links, and other materials.
Anything that you post or otherwise make available on our App is referred to as "User Content".
You retain all rights in, and are solely responsible for, the User Content you post to our App.
- PUSH SOCIAL CONTENT
Unless otherwise noted, the App and all materials including images, illustrations, designs, icons,
photographs, and written and other materials that appear as part of the App are copyrights,
trademarks, and/or other intellectual properties owned, controlled or licensed by Push Social.
- INDEMNIFICATION
You agree to indemnify and hold harmless Josh Mustafa, his officers, directors, employees and
agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs
and expenses, including, without limitation, reasonable legal and accounting fees arising out of
or in any way connected with your access to or use of the App, your User Content, or your
violation of these Terms.
- TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your license to use
the App, and to block or prevent your future access to and use of the App.
- CHANGES TO TERMS
We may modify these Terms from time to time. If we make changes, we will provide notice of
such changes by posting the revised Terms on our App and updating the "Last Updated" date.
- USAGE RULES, RESTRICTIONS AND
to:n the Licensed Application, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall Licensor’s total liability to you for all damages (other than as may be required by applicable
law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing
limitations will apply even if the above stated remedy fails of its essential purpose.
- EXPORT LAW
You may not use or otherwise export or re-export the Licensed Application except as authorized
by United States law and the laws of the jurisdiction in which the Licensed Application was
obtained. In particular, but without limitation, the Licensed Application may not be exported or
re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied
Persons List or Entity List. By using the Licensed Application, you represent and warrant that
you are not located in any such country or on any such list. You also agree that you will not use
these products for any purposes prohibited by United States law, including, without limitation,
the development, design, manufacture, or production of nuclear, missile, or chemical or
biological weapons.
- COMMERCIAL COMPUTER SOFTWARE
The Licensed Application and related documentation are "Commercial Items", as that term is
defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the
United States.
- APPLICABLE LAW
Except to the extent expressly provided in the following paragraph, this Agreement and the
relationship between you and Push Social shall be governed by the laws of the State of
California, excluding its conflicts of law provisions. You and Push Social agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of Santa Clara,
California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S.
citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.;
and (d) you are a citizen of one of the countries identified below, you hereby agree that any
dispute or claim arising from this Agreement shall be governed by the applicable law set forth
below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the
non-exclusive jurisdiction of the courts located in the state, province or country identified below
whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the
governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations
Convention on the International Sale of Goods.
- CHANGES TO TERMS
We may modify these Terms from time
to resume with: to time. You should look at these Terms regularly. We will post notice of
modifications to these Terms on this page. Changes will not apply retroactively and will become
effective no sooner than fourteen (14) days after they are posted. However, changes addressing
new functions for the Licensed Application or changes made for legal reasons will be effective
immediately. If you do not agree to the modified Terms for the Licensed Application, you should
discontinue your use of that Licensed Application.
- TERMINATION
This EULA is effective until terminated by you or Push Social. Your rights under this EULA will
terminate automatically without notice from Push Social if you fail to comply with any term(s) of
this EULA. Upon termination of the EULA, you shall cease all use of the Licensed Application,
and destroy all copies, full or partial, of the Licensed Application.
- THIRD-PARTY APPLICATIONS
The Licensed Application may display, include or make available third-party content (including
data, information, applications and other products services) or provide links to third-party
websites or services ("Third-Party Applications"). You acknowledge and agree that Push Social
is not responsible for Third-Party Applications, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
Push Social does not assume and will not have any liability or responsibility to you or any other
person or entity for any Third-Party Applications.
- MISCELLANEOUS
If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited
or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full
force and effect and enforceable. This EULA constitutes the entire agreement between you and
Push Social and supersedes all prior or contemporaneous negotiations, discussions or
agreements between you and Push Social about this Licensed Application. The parties
acknowledge that this EULA is a contract between you and Push Social, even though it is
electronic and is not physically signed by the parties, and it governs your use of the Licensed
Application and takes the place of any prior agreements between you and Push Social.