Smartphone Apps Terms and Conditions
End User License Agreement
This End User License Agreement (hereinafter referred to as “this Agreement”) is made and entered into by and between the end user of the emoStudio application (“Application”) and Aninja LLP (“the Partnership”). This Agreement may be revised or renewed in the future, and such revision or renewal shall automatically apply. By using the Application, the user shall be deemed to have consented to this Agreement. The user who is a minor is required to obtain the consent of the user’s legal representatives, such as the user’s parents and persons with parental authority, before the user consents to this Agreement.
1) Attribution of Rights
Any and all rights in respect of all programs, software, services, trademarks, and trade names that compose the Application and of the services, goods, and overall technologies associated therewith which are provided by the Partnership or its business partner shall be vested in the Partnership, its business partner, right holders to such programs, or information providers. The user must not act in any way that infringes such rights. The user must not infringe or remodel any of the programs or software that composes this Website. If disputes arise in connection with a user’s violation of this Agreement, such user shall settle the disputes at its own expense and responsibility and indemnify the Partnership under any circumstances.
2) Compensation for Damage
If the Partnership or any third party, including the Partnership’s business partner, suffers any damage due to a user’s violation of the provisions of this Agreement or laws, the said user shall be liable to compensate for such damage and indemnify the Partnership and any third party, including the Partnership’s business partner, under any circumstances.
If the Partnership, its business partner or any third party suffers any damage due to a user’s violation with regard to the attribution of rights, such user shall be liable to compensate for all damages incurred by the Partnership, its business partner, other users, or any third party.
3) Termination of Services
The Partnership may terminate its services without notice to the user. The Partnership shall not be liable to the user or any third party for any damage incurred by such user or such third party arising indirectly or directly out of such termination regardless of its contents or condition.
If the Partnership determines that the user has conducted any of the following acts, the Partnership may immediately discontinue the use of the services, suspend the payment of compensation, or deregister the user.
(1) Acts that infringe or may infringe the intellectual property rights of other users, any third party, or the Partnership;
(2) Acts that infringe or may infringe rights, including the right to privacy, portrait rights, honor or credibility, or legal interests of other users, any third party, or the Partnership;
(3) Acts that damage or disadvantage or may cause damage or disadvantage to other users, any third party, or the Partnership by itself or through third parties;
(4) Acts of providing harmful programs such as a computer virus;
(5) Acts of making a false registration;
(6) Acts that may encourage crimes, such as violence, gambling, drugs, and prostitution;
(7) Acts of obtaining compensation fraudulently by means of unauthorized clicks or any other fraudulent or illegal measures by itself or through third parties;
(9) Acts that lead to or may lead to the activities of antisocial forces;
(10) Acts that violate public order and morality, laws, government or ministerial ordinances, regulations of local governments, and rules or administrative directions;
(11) Acts that interfere or may interfere with the operation of the services;
(12) Acts that violate this Agreement; and
(13) In addition to the acts stipulated above, any other acts that the Partnership deems improper.
This Agreement shall be effective until terminated. The rights of the user under this Agreement shall be terminated immediately and automatically without notice from the Partnership if the user fails to comply with any of the terms and conditions of this Agreement. Upon termination, the user must discontinue the use of the Application and destroy all copies of the Application and accompanying data.
6) Limitation of Liability
In no event shall the Partnership be liable to the user for any damage arising out of this Agreement or the Application or any act in connection therewith. In the case where the use of the Application or the service is free of charge, the Partnership shall not be liable to the user for any monetary compensation.
This Terms and Conditions shall be put into execution on Decempber 17, 2013.