Terms of Service

Terms of Service

 

THIS TERMS OF SERVICE (“TOS”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AS THE USER/LICENSEE (“YOU”) AND THE PROVIDER OF Myth Color (“WE”,“US”,“OUR” OR “PRODUCT”). BY DOWNLOADING, INSTALLING OR USING THE PRODUCT FOR MORE THAN TEN (10) DAYS, YOU AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT DOWNLOAD OR USE THE PRODUCT AND MUST DELETE IT IMMEDIATELY.

 

1. License

 

1.1 You acknowledge that you have only a non-exclusive and limited right to use the object code version of the Product for non-commercial purposes within the validity period of this agreement. You may make a single copy of the Product in object code form for archival or backup purposes. You must reproduce all copyright and other proprietary notices on all copies of the Product. You may not reverse engineer, decompile or disassemble the Product, except and only to the extent expressly permitted by applicable law. To the extent any applicable law permits contractual waiver of such right, you hereby waive your right to do so. 

 

1.2 You will not transfer or assign the Product or this TOS and/or any rights or obligations hereunder without our prior written consent.

 

1.3 Your rights under this TOS will automatically terminate if you breach any of your material obligations under this TOS. Upon termination, you will destroy all copies of the Product after such termination.

 

1.4 All rights not expressly mentioned herein are reserved.

 

2. Infringement Indemnity

 

We will not have any liability for any claims arising out of: (1) intentional or negligent acts of anyone other than us; (2) the combination, operation or use of the Product with any equipment, devices or software not provided by us; or (3) the alteration or modification of the Product. 

 

The above states our entire liability and your sole remedy with respect to any claim of infringement.

 

3. Limited Warranty

 

We do not warrant that the Product will operate without interruption or will be error free, especially in cases of:

 

(1) modification or alteration of the Product without our prior written approval;

 

(2) accident, abuse, misuse or neglect of the Product;

 

(3) exposure of the Product to conditions outside the recommended environmental, power and operating specifications provided by us.

 

4. Disclaimer and Limitation of Liability

 

4.1 Except as expressly set forth herein, we make no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. We expressly disclaim any warranties not specified in this TOS. Any implied warranties imposed by law are limited in duration to the terms contained in this TOS, to the extent permitted by applicable law.

 

4.2 In no event shall we be liable for any indirect, special, incidental or consequential damages arising out of or related to this TOS. These include but are not limited to loss of revenue, loss of profits, loss of business, loss of opportunity, loss of goodwill or loss of reputation. Our total liability in all circumstances is limited to the amount you paid for the product.

5. User’s Judgment

 

We provide a privacy policy as an important part of this agreement. You should read the policy and agree to its terms before installing and running the Product.

 

6. Copyright Policy

 

You may not use the Product to infringe any intellectual property rights of others, including without limitation, patent, trademark, trade secret, copyright or other proprietary rights. If you believe any content infringes your copyrights, you may submit a DMCA notice to us with the information below:

 

- Signature of the copyright holder or authorized agent;

 

- Identification of the copyrighted work claimed to be infringed;

 

7. Disclaimer 

 

Because some of the advertising content is more extensive, this product is "not suitable for teenagers".

 

8. Premium

 

You do not need to pay any fee to use the basic Product. If you pay the premium fee, you will get access to advanced in-app features (“Premium Features”) for the period of your subscription. We may terminate the services per this Agreement at our sole discretion. As long as we continue to provide the Product publicly, we will not expire your access, unless you breach this Agreement.

 

The Premium Features may be available as a monthly or periodic subscription. Your subscription signifies consent to the Subscription Policy and payment method. If purchased through our Product, you will be charged accordingly. Your subscription will auto-renew until either party cancels or terminates. You must cancel before the next renewal to avoid being charged. You may cancel or terminate per the Subscription Policy.

 

You agree not to pay the premium fee by exploiting bugs in our system to gain unfair advantage or unauthorized benefits. We reserve the right to suspend or terminate any account found violating this clause, or identify it as fraud.

 

9. Refund Policy

 

Use of any third-party merchant services constitutes acceptance of their terms of service and privacy policy. Downloading or using such services means you agree to their policies. Once you pay the premium fee, no features or services are eligible for refund, in whole or in part, under this Agreement. You shall not be entitled to any concession on this payment term. We reserve the right to suspend or terminate any account or access found disputed, charged back or fraudulent.

 

If a user cancels a Google Play subscription, the policy is that the user will not receive a refund for the current billing period, but will continue receiving subscription content for the remainder of the current billing period, regardless of cancellation date. Cancellation takes effect after the current billing period.