DRESSAPPS End User License Agreement
This End User License Agreement (“Agreement”) is between you and Zucks, Inc. (“Zucks”) and governs use of this application DRESSAPPS (“App”). By installing this App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use this App.
In order to use this App you must be 13 years of age or older. If you are 13 or older but under the age of majority in your jurisdiction of residence, you must have your parent or legal guardian’s permission to use this App and to accept the Terms. You must not access this App if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident.
1. License Granted.
Zucks grants you a limited, non-exclusive, non-transferable, revocable license to use this App for your personal, non-commercial purposes. You may only use this App on Android devices that you own or control and as permitted by the Google Play Store Terms of Service.
This App provides search results pages, battery management function, and design switching function ("Services").
3.1 Zucks allows you to download or use this App free of charge.
3.2 This App may require internet connection. You shall bear the cost of connection.
4. Information Collection.
4.1 Zucks collects certain information to provide the Services. Information includes, but not limited to, the followings:
- - Search keywords
- - IP address
- - User agent information
- - Referer information
- - Device name, OS version
Search results pages may include advertisements. Zucks disclaims all warranties about any content, linked pages, and products or services of the advertisements.
Zucks does not wattant the accuracy, completeness, no failure, security, or legality of the advertisements. Zucks shall not be liable for any loss or damages caused by your access to the advertisements, unless such losses or damages are caused by Zucks's willfulness or gross negligence.
6. Intellectual Property Rights and Other Rights.
Any rights of patent, trademark, industrial design, copyright, trade secret, or any other intellectual property rights on any documents, images, and computer programs belong to Zucks or its licensors.
7.1 IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7.2 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW Zucks WILL BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE), EVEN IF Zucks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Prohobited Acts.
8.1 Following acts are prohibited:
(i) activities that may harm Zucks or other third parties;
(ii) reproduction (except for your personal use), modification, sell, distribution, or making available to the public of images, texts, data or compute program of this App;
(iii) activities against laws or public order; or
(iv) any other activities Zucks considers inappropriate.
8.2 You shall be liable for any losses and damages of Zucks or other third parties caused by your acts prohibited herein.
9. Disclosure of Information.
When courts or other authorities request, Zucks may disclose information regarding you, including but not limited to your device information and usage date and time.
10. Breach of this Agreement.
10.1 Zucks may take a measure to suspend or terminate your usage of this App when you breach this Agreement.
10.2 When Zucks considers your breach of this Agreement, we may share your information with our group companies (parent company and companies that have the same parent company). Our group companies may consider you have committed the same kind of breach in each of their services. Zucks disclaims any losses or damages caused by such suspension or termination.
Zucks reserves the right to change or modify this App, the Services or the terms and conditions in this Agreement from time to time without prior notice. If you continue to use this App, you shall be considered to accept the amendments.
12. Modification, Suspension and Termination.
12.1 Zucks may modify, suspend, or terminate the Services without prior notice to you when:
(i) periodical or immediate maintenance is necessary;
(ii) any failure occurs;
(iii) any event of Force Majeure occurs; or
(iv) Zucks considers necessary.
12.2 Zucks shall not be liable for any loss or damages caused by modification, suspension, or termination in Section 121.
13. Jurisdiction and Governing Law
13.1 Any claims, legal proceedings, or litigation arising in connection with this Agreement will be brought solely in the Tokyo District Court in Japan.
13.2 This Agreement shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of or relating to this Agreement shall be governed by the laws of Japan without referring to the choice of law rules.
14.1 You cannot assign, sublicense or transfer this Agreement or any of the rights and obligations created herein, in whole or in part, without the prior written consent of Zucks.
14.2 Zucks may assign or transfer this Agreement or any of the rights and obligations created herein, in whole or in part, in association with the transfer of the business relating to this App or Services. You agree to grant the consent to assign this Agreement.
15. Entire Agreement.
This Agreement sets forth the entire agreements of the parties relating to the subject matter hereof, and the latest edition supercedes the older ones.
If a court of competent jurisdiction holds that any provision of this Agreement is illegal, invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intention of the parties.
17. No Waiver.
The waiver by either party, whether express or implied, of any provisions of this Agreement, or of any breach or default of either party, shall not be construed to be a continuing waiver of such provision, or of any succeeding breach or default or a waiver of any other provisions of this Agreement.
This Agreement will be terminated when you uninstall this App or Zucks takes any measure that prevents you from using this App.
Sections 5 to 10 and 12 to 17 will survive the termination or expiration of this Agreement.
12 February 2015