The following End-User License Agreement (the "EULA") governs your rights and obligations regarding the use of the Holy Bible Offline · KJV Bible and Repose – Relaxing Sound (collectively the "Application") and service (both collectively referred to as the "Service"), via mobile application. This EULA constitutes a fully binding agreement between GALAXY SMITH COMPAY LIMITED having a place of business at 11/176 Siwalee Land and House Soi 14 Moo 14 Tumboun Banped Mueang Khon Kean, Thailand. ("GALAXY SMITH" or "We"), the owner of all rights in and to the Service, and you.
THEREFORE, You must carefully read this EULA. By ACCESSING AND/OR USING THE SERVICE, YOU agree to be bound by all terms herein. If you do not agree with ALL of the terms, WE REQUEST THAT YOU REFRAIN FROM USING THE SERVICE. GALAXY SMITH reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify this EULA, and to impose new or additional terms and conditions on your use of the Service from time to time. Such changes shall be effective immediately and incorporated into this EULA upon notice thereof, which may be provided by any reasonable means including by posting to our website or display in the mobile application. Your continued use of the Service following such note will be deemed to constitute acceptance of the updated EULA. Changes will not apply retroactively.
The Service allows you to take part in a personalized relaxation experience by letting you mix sounds and create custom-made melodies. You can therefore compose various melodies that might favour meditation and/or concentration, and which might also help you enhance your sleep condition. With a large selection of ambient sounds, binaural beats, isochronic tones and monoral beats, you can choose your perfect yoga melody, or create sounds that might help you go into a deeper sleep. You may also use different features of the Service such as a timer and alarm system, or a sound recorder allowing you to save your favourite melodies for future use.
GALAXY SMITH hereby grants you a free of charge, non-exclusive, non-transferable, revocable license (the “License”) to use the Service solely for private, personal, non-commercial purposes on any mobile device that you own or control legitimately and for which the Service was designed subject to compliance with this EULA, Apple end-user license agreement and/or terms and conditions, Google end-user license agreement and/or terms and conditions, Microsoft end-user license agreement and/or terms and conditions, or any other third party software developer end-user license agreement and/or terms and conditions (collectively referred to as the “Third Party Terms”), by which you agree to be bound. This is a License to display, use and access the Service for its intended purpose and is not a transfer of title.
You and GALAXY SMITH acknowledge that this EULA is concluded between you and GALAXY SMITH, and not with Apple, Google, Microsoft or any other third party software developer. GALAXY SMITH is solely responsible for the License and the content thereof.
GALAXY SMITH will be solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. You and GALAXY SMITH acknowledge that Apple, Google, Microsoft or any other third party software developer have no obligation whatsoever to furnish any maintenance and support services with respect to the Application, unless otherwise provided.
You must not copy, save or otherwise use the data from the Service's database, except as expressly permitted by this EULA. This clause does not limit the use of the database as intended by the Application and for the purposes of private and personal use of the Service.
Unless you have a written agreement to the contrary with GALAXY SMITH, or except in accordance with this EULA, you may not, without limitation : (i) duplicate the Service or any of the materials and/or content contained therein; (ii) create derivative works based on the Service or any of the materials and/or content contained therein or integrate it within a service of your own; (iii) use the Service or any of the materials and/or content contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (iv) distribute the Service or any of the materials and/or content contained therein, except as specifically intended for in the Service; (v) resell, redistribute or sublicense the Service or offer it for rent or lease; or (vi) use the Service on any mobile device that you do not own or control. You may, however, use the Service’s Twitter and/or Facebook integration to make materials you post available on those platforms, provided that you comply with the applicable terms and conditions of such platforms. You also may not: (i) remove any copyright or other proprietary notices from the Service and/or content contained therein; (ii) circumvent any encryption or other security tools used anywhere on the Service (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Service); (iii) use any data mining, robots or similar data gathering and extraction tools on the Service; (iv) decompile, reverse engineer, modify or disassemble any of the Application aspect of the Service and/or content; or (v) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit or otherwise assign to any third party the materials and/or content or any of your rights to access and use the materials and/or content as granted above. You agree to cooperate with GALAXY SMITH in causing any unauthorized use to cease immediately. By submitting and posting content, related to the Service or otherwise, you acknowledge, consent and agree that some information pertaining to your posts will be disclosed publicly such as your account information, time of post and location.
You acknowledge, consent and agree that GALAXY SMITH may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this EULA; (iii) respond to claims that any material violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of GALAXY SMITH, the Service, its users and the public.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.
Unauthorized use of the Service or any of the materials and/or content contained therein shall terminate this EULA immediately.
You may terminate your access and use of the Service at any time and for any reason whatsoever. You agree that GALAXY SMITH may, without prior notice, modify, suspend, limit or terminate immediately your access to the Service (or any part thereof), at any time and for any reason GALAXY SMITH deems appropriate, at its sole and absolute discretion. GALAXY SMITH is not liable to anyone in case of any such event, no matter the motive.
Cause for such termination or limitation of access may include, but not be limited to, (i) violation of this EULA or other related terms and conditions or guidelines for use, (ii) request by law enforcement or other government agencies, (iii) discontinuance or modification of the Service (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent, illegal or seemingly illegal activities, (vii) engagement by you in any act that is harmful or may be harmful to GALAXY SMITH, or any third party, or (viii) intentional providing of wrongful or erroneous information. You agree that all terminations and limitations of access for cause shall be made in the sole discretion of GALAXY SMITH, and GALAXY SMITH shall not be liable to you or any third party for any termination or limitation of your access to the Service.
ONLY USE THE SERVICE WITH CAUTION AND CARE AND IN SUCH A WAY THAT ALLOWS YOU TO CONSULT YOUR MOBILE DEVICE SAFELY. always be aware of YOUR surroundingS before using the service, and follow the applicable rules and laws. any use while in motion and when awareness is required, be it on foot, bicycle, motorised vehicle or any other transportation method, is strictly not RECOMMENDED and should be avoided.
Some features of the Service utilize neural oscillation INCLUDING WITHOUT LIMITATION BINAURAL BEATS, ISOCHRONIC TONES, MONORAL BEATS AND/OR OTHER SOUNDS COMMONLY KNOW AS Brain waves sounds. in no event shall the service be considered as medical TREATMENT or health related therapy, the service being offered at your SOLE RESPONSIBILITY AND AT YOUR own risk. we RECOMMEND that you consult A MEDICAL SPECIALIST before using the service. we DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. PEOPLE SUFFERING FROM EPILEPSY OR ANY OTHER FORM OF MENTAL DISORDER SHALL IN NO CIRCUMSTANCES USE THE SERVICE WITHOUT PRIOR MEDICAL APPROVAL.
THE INFORMATION PROVIDED VIA THE SERVICE MAY SOMETIMES BE INACCURATE, INCOMPLETE OR OUT OF DATE. GALAXY SMITH DOES NOT warrant THE ACCURACY, RELIABILITY OR COMPLETENESS OF THIS INFORMATION.
The Internet connection is under your responsibility and at your expense. access and use of the service require a data connection between your mobile device and the internet. the COSTS of such connection are as prescribed by the agreement between you and your communication service provider and according to its applicable terms. GALAXY SMITH assumes no liability in this respect. SERVICE operation. GALAXY SMITH exerts all reasonable efforts to provide a satisfactory and high quality service, but we do not warrant that the service will be uninterrupted or free of errors, failures, or BREAKDOWNS, from any harmful or damaging component, or that it is secure or protected from unauthorised access.
GALAXY SMITH PROVIDES THIS SERVICE AND MATERIAL AND/OR CONTENT CONTAINED THEREIN "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION, of quality and/OR fitness for a particular purpose, features, non-infringement, compatibility, performance, security or accuracy. GALAXY SMITH, including its officers, directors, employees, subcontractors, representatives and agents are not liable for any direct, indirect, incidental, consequential damage or any other damage or loss (including loss of profit and loss of data), as well as costs, expenses and payments incurred, arising from or in relation with the use of or inability to use the service, or any failure, error or breakdown in the service, or from your reliance on the content of the service, including offers and content from a third party, or any communication with the service, or any refusal or limitation of your access to the service, or from the maintenance, deletion, disclosure and any other use or loss of information provided to the service.
you acknowledge and agree that you assume full, exclusive and sole responsibility for the use of the service and that such use is entirely at your own risk.
It is forbidden to submit content of a commercial nature (including advertising), unless such content has been approved by GALAXY SMITH in advance. GALAXY SMITH may decline to publish, or immediately delete any content you submitted, if you have violated this EULA or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users or GALAXY SMITH. In such cases, GALAXY SMITH may also prevent you from posting additional content on the Service.
When you submit content to be published on the Service, you represent and warrant that you are permitted to publish the content and to permit GALAXY SMITH to publish the content.
GALAXY SMITH may examine the content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous content, or remove such content after its publication. GALAXY SMITH retains sole discretion to determine which content will be published, the duration of its publication, its location, design and any other matter pertaining to the publication of content within the Service. GALAXY SMITH does not guarantee that all content will be published, in general or for any limited time. Content submitted by users for publication does not reflect the views of GALAXY SMITH. Publishing content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
All intellectual property rights in and to the Service and its database, including copyrights, trade-marks, industrial designs, patents and trade-secrets – are either exclusive property of GALAXY SMITH or licensed to GALAXY SMITH. The Service is protected, among others, by the Canadian Copyright Act, or by provisions prescribed by any other law, in Canada and abroad.
Copying, distributing, publicly displaying, offering to the public via communication, transferring to the public, modifying, adapting, processing, creating derivative works, selling or leasing, any part of the Service, in any manner or means without the prior written consent of GALAXY SMITH, is strictly forbidden. "GALAXY SMITH", “GALAXY SMITH SOFT”, “LOGICIEL GALAXY SMITH” the GALAXY SMITH logo, and other trade and/or service marks are property of GALAXY SMITH and may not be used in any of the aforementioned means.
GALAXY SMITH may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Infringement of the rights in and to the Service will, in and on itself, result in the termination of all your rights under this EULA.
GALAXY SMITH PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Service and that the use of the Service is entirely at your own risk.
GALAXY SMITH exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Application failures and Application communication failures, originating either from GALAXY SMITH, its providers or any other third party.
You and GALAXY SMITH acknowledge that GALAXY SMITH, not Apple, Google, Microsoft or any other third party software developer, is solely responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Your use of the Service may be subject to various local, provincial, states, national, or international laws, and you may have rights which vary from jurisdiction to jurisdiction. Because some countries do not allow limitations on warranties and/or the exclusion or limitation of damages, the limitations and/or exclusions found herein may not apply to you. Any provision found herein shall not be enforceable solely to the extent that it is prohibited by an applicable law.
GALAXY SMITH or third parties may incorporate in the Service links to other sites or resources on the Internet, for information purposes. GALAXY SMITH does not approve the data, software or any other content found on sites or in resources that do not originate from GALAXY SMITH. You acknowledge that GALAXY SMITH is not liable, directly or indirectly, for damages or losses arising from your use of or reliance on said data, software or content. You are responsible for reading the privacy policies and conditions of use related to these sites or other resources.
Furthermore, GALAXY SMITH may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from GALAXY SMITH or from third parties. It is understood that commercial content posted by GALAXY SMITH or by third parties does not constitute a recommendation or encouragement by GALAXY SMITH to purchase the goods or services advertised. Insofar as the Application includes links to services or applications not operated or managed by GALAXY SMITH or content not originating from GALAXY SMITH, GALAXY SMITH will not be liable for any form of liability arising from your reliance on, or in connection with, such services, applications or content.
Subject to the mandatory provisions of any applicable laws, you agree to indemnify and hold harmless GALAXY SMITH, its employees, officers, directors, representatives and agents in the event you have violated this EULA or illegally used the Service. Considering that the Service is provided free-of-charge, such indemnity shall cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by GALAXY SMITH, its employees, officers, directors, representatives or agents, including without limitation legal expenses and attorney fees.
GALAXY SMITH shall not be liable for any failure to perform its duties specified herein due to unforeseen circumstances or to causes beyond its reasonable control, including without limitation: acts of nature (e.g. fire, flood, earthquakes), riots, acts of civil or military authority, terrorism, strikes, shortages in transportation, failures or other causes related to communication, information or technology services (e.g. hacking, spam, computer, servers or Application failure, etc.).
GALAXY SMITH reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that GALAXY SMITH shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
As previously stipulated, this EULA, the Application and the Service will be governed solely by the laws of the Province of Québec and the federal laws applicable therein, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to this EULA, the Application or the Service will be under the exclusive jurisdiction of the competent court in the judicial district of Montréal, Province of Québec, Canada.
The failure of GALAXY SMITH to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the remainder of this EULA will continue in full force and effect.
This EULA, subject to any other third party software developer privacy policies and conditions of use (such as the Apple terms and conditions and the Google terms and conditions), shall all constitute the entire and complete agreement between you and GALAXY SMITH concerning the Service.
You may contact us concerning any question about the Service, through [email protected]. We will make our best efforts to address your inquiry promptly.
Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.
The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Galaxy Smith Co., Ltd., and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trade mark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.