Petal Search

User Agreement

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Petal Search User Agreement Last updated: May 2021 1. About Us Petal Search and its related technologies and functions (collectively, the "Services") are provided and operated by Aspiegel SE (hereinafter referred to as "Huawei", "we", "us" or "our"), a company incorporated under the laws of Ireland, with its registered office at First Floor, Simmonscourt House, Simmonscourt Road, Dublin 4, D04 W9H6, Ireland, and with company number 561134, at the Companies Registration Office, Ireland. In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses the Services. 2. Purpose of this Agreement This user agreement, our privacy statement, and other policies and information published or made available through the Services (collectively, this "Agreement") are the terms and conditions applicable to you with regard to your use of, and access to, the Services. This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, by or in connection with the Services, what to do if there is a service issue, and other important information. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to this Agreement. If you do not accept this Agreement, you must not access or use the Services. 3. Eligibility You must be over the age of legal capacity to contract ("Contract Age"). Those are at or under Contract Age are permitted to use Huawei services, but only if their parent or guardian creates a child account and accepts the Parent/Guardian Agreement for the HUAWEI ID account. If you are over Contract Age or if you are the parent or guardian of a child and you create a HUAWEI ID account for your child, you agree that you will: (a) Unconditionally and irrevocably guarantee to perform all of the obligations in this Agreement; (b) Pay all monies due to Huawei under or in respect of this Agreement. and (c) As a separate and primary obligation, you also agree that you will unconditionally and irrevocably indemnify Huawei for any losses, costs, expenses, damages, claims, or liabilities suffered by Huawei arising from your failure to comply with your obligations under any or all the terms, or your repudiation thereof. You further agree that your obligations as guarantor and as indemnitor are those of a primary obligor and that they exist irrespective of any total or partial invalidity or unenforceability of this Agreement. You further agree that your liabilities as guarantor and indemnitor shall not be affected and/or discharged by any of the following: (a) Termination, variation, assignment, novation , or sub-contracting by us of all or any of our rights and/or obligations under this Agreement. (b) Waiver of rights or granting of grace time by Huawei under this Agreement. (c) Claim or enforcement of payment by Huawei. (d) Cooperation or dealings with any third party. (e) Actions or omission of actions which might otherwise affect and/or discharge (whether in whole or in part) your liabilities under this Agreement. (f) Inability on your part to pay your debts when they fall due. and (g) Any representation made to you by Huawei with respect to the discharge of your obligations under this Agreement whether wholly or partly, or any representation made to you with regard to compromise in respect of any of your liabilities, whether wholly or partly. 4. Accessing the Services We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Services, subject to, and in accordance with, this Agreement. You must have a HUAWEI ID to access or use the Services. For more details about HUAWEI ID, access your HUAWEI ID from system Settings, then go to Settings &gt. About &gt. HUAWEI ID User Agreement. 5. The Services Petal Search is a search engine that enables you to search for web pages, pictures, videos, news, and other content on the Internet. Petal Search is available on Huawei devices as an app or as a search box embedded in Huawei services, such as HUAWEI Assistant, and is also accessible as a website. 6. Third-Party Services By using third-party apps and services via the Services, you acknowledge that you will be entering into a contract with the third-party developers (hereinafter referred to as the "Developer") for the provision of apps, and that you will be subject to the service agreement and/or end user license agreement ("EULA") stipulated by the Developer. Huawei is not a party to the EULA between you and the Developer. We strongly recommend that you read the content of Developer's service agreements, EULAs, and privacy policies carefully. Huawei is neither entitled to nor obliged to control or censor the content of Developer apps and services, and therefore shall assume no liability in the event that your rights are infringed due to your use thereof. Huawei is not responsible for the content or availability of any Developer apps or services and does not endorse and is not responsible in any way for any content, advertising, products, services or other materials made available by Developers. In the event that you do not observe this Agreement or Developer EULAs, agreements, and/or privacy policies, the Developer may take action against you, and Huawei may be required to assist the Developer and/or relevant government authorities. You will bear full legal responsibility in such events and indemnify and hold harmless Huawei in respect of any losses, damages or claim against us. Any dispute caused by the downloading, licensing, and/or use of Developer apps shall be settled by the Developer. Huawei assumes no responsibility therefor. Huawei does not provide any customer support for third-party software or technology. If you require support, please contact the Developer. Each Developer takes full responsibility for their apps, app content, and any guarantees they make. Where a dispute arises, the developer's warranty, or any other applicable terms of the EULA or other agreement agreed between you and the Developer concerning the app in question, shall prevail over this Agreement. 7. Account Security You must keep your HUAWEI ID username and password secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and store it in a safe place. You are responsible for keeping your password safe and you agree that we shall not be liable for any losses, damages, liabilities, or claims of any sort as a result of you providing your HUAWEI ID details to a third party. If you think that someone else might be using your account information, you must let us know immediately using the contact information provided in the "Contacting Us" section. You must not use anyone else's HUAWEI ID to access the Services. You must take appropriate steps to protect your HUAWEI ID account information and transaction information to prevent unauthorized use by third parties. 8. Terms of Use By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy, or otherwise objectionable in relation to your use of the Services, including without limitation, anything that facilitates illegal activities, depicts sexually explicit images, promotes violence, is discriminatory, illegal, could or does cause damage or injury to any person or property, or could give rise to any civil or criminal liability under applicable laws, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or infringes upon third-party intellectual property rights. Except as expressly set out in this Agreement or as permitted by applicable laws, you hereby agree and undertake: (a) Not to remove any copyright, trademark, or other proprietary notices from any portion of the Services or to pass them off as your own or somebody else's; (b) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs; (c) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks; (d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws; (e) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services; (f) Not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without our prior written consent; (g) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including without limitation, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system; (i) Not to infringe upon our intellectual property rights or those of any third party in relation to your access to and/or use of the Services; (j) Not to collect users' information, or otherwise access the Services or our systems, using automated means (for example, harvesting bots) or attempt to decipher any transmissions to or from the servers running the Services. (k) Not to develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technological or manual means) to scrape information from the Services or otherwise copy profiles and other data from the Services; (l) Not to commercially exploit the Services without our prior written consent; (m) Not to use the Services to engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, pirated software, or other prohibited items; (n) Not to provide gambling information or encourage others to gamble through any means; (o) Not to solicit login information or access an account belonging to someone else; (p) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes; (q) Not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof). and (r) Not to use the Services in any manner which could damage, disable, overburden, impair, or compromise the Services, our systems or security, or interfere with other users or any other party's computer systems, or hack or gain unauthorized access to the Services or Our Content (defined below) or data. 9. Our Content We and/or our licensors, retain all right, title, and interest in and to the information (in any form including without limitation text, graphic, video and audio), images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their look and feel (collectively, "Our Content"). You acknowledge that Our Content is protected by copyright, trademark, database rights, sui generis rights, and other applicable intellectual and industrial property laws under national laws and international treaties. Your access to and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their content, unless otherwise specified in this Agreement. You may not make alterations, copies, extractions, modifications, or additions to Our Content, or sell, copy, disseminate, license, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Our Content, you must contact us in advance and obtain our prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws. If you believe that the Services or any part thereof infringes upon any copyright, trademark, patent, trade secret, or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in the "Contacting Us" section. 10. Your Content We do not claim any proprietary rights to the text, files, images, photos, works of authorship, or any other information you upload, post, or otherwise transmit to or through the Services (collectively, "Your Content"). You continue to retain ownership and are entirely responsible for Your Content. 11. Monitoring the Services You acknowledge and agree that we may at any time, at our sole discretion and without notice to you, take such measures that we decide are necessary for the purposes of: operating and improving the Services, ensuring your compliance with this Agreement, complying with applicable laws, court orders or directions of any court, or complying with any directions or requirements of governmental departments, enforcement authorities, or regulatory bodies. These include but are not limited to measures for fraud prevention, risk assessment, investigation, and customer support purposes. 12. Privacy and Data Collection In order to provide you with more robust services and help ensure the security of your transactions, we will collect and process your personal information and technical data in accordance with our privacy statement. 13. Disclaimer The Services are for your sole use only and must not be used by any third party. You agree that we and our affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "Huawei Parties") are not liable for any losses caused by any unauthorized use of the Services. The Huawei Parties are not responsible for maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. The Huawei Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions, or similar failures. To the maximum extent permitted by applicable laws in your jurisdiction, the Huawei Parties are not liable to you or to anyone else for any liabilities, losses, damages, or compensations if you are unable to access or use the Services due to: (a) Any suspension or termination of the Services by us to enable maintenance work or updates to systems, software, or hardware to be carried out; (b) Any delay or failure of a system or communication network that is owned or controlled by someone other than us; (c) Any suspension, cancellation, or termination of any contract or other arrangements between us and any of our third-party payment service providers that affect the Services. (d) Any error or interruption due to hacking attempts or similar security breaches. or (e) Any other event or occurrence beyond our reasonable control. The Services are provided on an "as-is" and "as-available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws in your jurisdiction, the Huawei Parties disclaim all warranties, conditions, or other agreements of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following: (a) The completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services; (b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements; (c) Any defect in the operation or functionality of the Services will be corrected. (d) The specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use of or access to the Services can be guaranteed. (e) The security or error-free nature of the Services. and (f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes. The Huawei Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services. The laws of some countries do not allow liability in relation to certain warranties, undertakings, representations, or guarantees to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive. 14. Limitation of Liability To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk and the Huawei Parties expressly exclude all liability, loss, or damages incurred by you, or any other person, whether in contract, tort (including negligence), or under any other theory, for any of the following: (a) Loss of profits, income, revenue, data, or goodwill. and (b) Special, indirect, or consequential loss or damage. The limitations and exclusions in this Agreement will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Huawei Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence), or under any other theory exceed €50.00. You acknowledge and agree the disclaimers and limitations of liability expressed in this Agreement are fair and reasonable. The laws of some countries do not allow for some or all of the limitations and exclusions described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive. 15. Termination by You You can terminate this Agreement via your account settings or by ceasing to use the Services. 16. Termination or Suspension by Us Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to part(s) or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we will not be obliged to provide prior notice to you, and may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services. We may temporarily or permanently suspend or cancel or impose limits on or restrict your access to the Services at any time under the circumstances including but not limited to the following: (a) If you violate, or we believe that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein; (b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information; (c) In response to requests by law enforcement or other government agencies under valid legal process; (d) In case of urgent maintenance work or urgent updates to systems or hardware. or (e) Due to unexpected technical, safety, business, or security reasons; The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination. Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures. 17. Changes to this Agreement We are constantly updating, changing, and improving the Services. We may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop the Service. We can make changes to this Agreement at any time and post additional specific terms, codes of conduct, or guidelines that govern a particular part, parts, or all of our Services. We will inform you a reasonable period of time in advance of any changes to the Services or this Agreement that will materially disadvantage users or materially limit their access to or use of the Services. We may not inform you in advance about modifications to this Agreement or changes to the Services that do not materially affect or disadvantage users or do not materially limit their access to or use of the Services. For changes to the Services that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable. 18. General Terms The Services or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or resources. Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt, or cost or enter into any contracts or other arrangements in the name of or on behalf of the other. We may assign, sub-contract, or novate any of our rights and/or obligations under this Agreement and you agree to promptly execute any and all documents necessary or desirable for such purpose. If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid, or unenforceable. This Agreement constitutes the entire understanding between you and us concerning the Services and you acknowledge and agree that you have not relied on or been induced to enter into this Agreement in reliance on any representation, warranty, or undertaking which is not in this Agreement. 19. Governing Laws and Jurisdiction The formation, interpretation, and operation of this Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland. Except as otherwise provided by applicable laws, you and we agree that the courts of Ireland have exclusive jurisdiction to hear and determine any disputes, claims, actions, or proceedings that may arise out of or in connection with this Agreement. However, this does not prevent us from instituting proceedings outside of Ireland. If you are a consumer living in an EU country, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us. 20. Contacting Us If you have any questions regarding this Agreement, please contact us using the following information: Email: search@aspiegel.com