I．Agreement to Terms
These Terms of Use (collectively the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of any of the Applications (“App” or “Apps”) that are made available (“We”, “us”, “our”) on Google Play App Store, or on Facebook.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
Therefore, we encourage you to carefully familiarize yourself with the Terms. By installing, accessing, or using the Apps you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by the Terms. You represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. Your use of the App constitutes your acceptance of the Terms. Consequently, if you do not accept or understand the Terms, please do not use, install, access, or register with the App (including any software or application forming part of the App). If you do not agree to these Terms, you are not entitled to use the App, in which case you must promptly uninstall and delete all copies thereof.
From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will provide notice of such changes by posting a notice inside the Application and updating the “Last Updated” date above. If you continue to use the App following such a posting, you accept any such change or modification.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App.
(b) You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
(c) You shall not access any App in order to build a similar or competitive service or application.
(d) Except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
(e) You shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
1.Modification
BrainZap App reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that BrainZap Apps will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
2.Ownership
Apps provided to you are licensed to you and not sold. BrainZap App (and its licensors, where applicable) own all rights, titles, and interests, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The BrainZap App name, logo, and the product names associated with the Apps belong to BrainZap App (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel, or otherwise. BrainZap App (and its licensors, where applicable) reserve all rights not granted in this Agreement.
II．User Content
1.Content
(a) “Content” means text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the App.
(b) “ User Content” means any Content that App users (including you) provide to be made available through the App.
You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy. BrainZap App is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
2.License
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to BrainZap App an irrevocable, nonexclusive, royalty-free, and fully-paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App.
III. Feedback
We welcome feedback, comments, and suggestions for improvements to the App (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, free, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
IV. User responsibilities
When a user uses the applications, you’re forbidden to upload, distribute, or otherwise use any User Content for any illegal or improper activity, including but not limited to the following :
Infringes misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
Tortious, trade libelous, defamatory, false, or intentionally misleading.
That is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.
That is harmful to minors in any way.
That constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
That violates any law, regulation, or contractual obligations.
Collect information or data regarding other users, including e-mail addresses, without their consent.
Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
V. Copyright
You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the App.
VI. Enforcement
BrainZap App reserve the right (but have no obligation) to review any User Content at our sole discretion. We may remove or modify your User Content at any time for any reason at our sole discretion with or without notice to you.
VII. Term and Termination
This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App unless earlier terminated in accordance with this Agreement.
BrainZap App respects copyright law and expects its users to do the same. It is BrainZap App policy, in appropriate circumstances and at its discretion, to disable and/or terminate the access of or remove from the App the content of users who repeatedly infringe the copyrights of others.
Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. BrainZap App will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, some of the terms in this Agreement will remain in effect.
VIII. Links to Third-Party Websites or Resources
The App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
IX. Indemnity
You will indemnify and hold harmless Color Apps For Free 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 or Content.
Your User Content.
Your violation of these Terms.
X. Warranty Disclaimers
The app and content are provided “AS IS” without a warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of Merchantability, Fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
XI. Others
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your use of the App constitutes your acceptance of the Terms.
BrainZap App reserves all rights in the changing and explanation of the agreement.
If there’re any questions, please contact us at: [email protected]