Term of service
Effective date: APP online date
Welcome to Your Toon ("you" or "yours"). Our goal is to create new ways for people to express their feelings through cameras.
These Terms of Use (hereinafter referred to as "Terms") are applicable to all users and others who download, install, register, access or use (hereinafter referred to as "users", "users" and "you", if applicable) our mobile application Your Too ("Your Too" or "Application").
By downloading Your Toon, you agree to these terms. If you disagree with these terms, including the compulsory arbitration clause and class action exemption in other terms; Binding arbitration), do not use Your Toon.
If you have any questions about these terms or Your Toon, please contact us in YourToonservice@mobophoto.com.
1.Your Toon description
Your Toon is an application-based software that uses artificial intelligence algorithms to convert your photos into artworks or change the background or foreground, cover objects with different objects, and clone/copy styles or effects from other images. Your Toon allows you to (i) take photos with the application or (ii) upload pre-existing photos to the application. You can then apply different styling filters or effects to the photos. Once you select a filter or effect, Your Toon's algorithm will run and convert the photos. Then you can share photos or store photos for personal use through social media sites.
2. Qualification
General age limit. You must be at least 13 years old to use Your Toon. If you are under the age of 18 (or you live at the legal age of majority), you can only use Your Toon under the supervision of parents or legal guardians who agree to be bound by this clause. If you are the parent or legal guardian of a user under the age of 18 (or legal adult age), you agree to take full responsibility for the user's actions or omissions related to Your Toon. If you use Your Toon on behalf of another person or entity, you declare that you have the right to accept these terms on behalf of that person or entity, and if you or other person or entity violate these terms, that person or entity agrees to be responsible for us. Age limits for residents of the European Economic Area ("EEA"). According to the general data protection regulations ("GDPR"), you should be at least 16 years old before using Your Toon. To the extent prohibited by applicable laws, we do not allow residents of EEA under the age of 16 to use Your Toon. If you know that there are people under 16 who use Your Toon, please contact us in YourToonservice@mobophoto.com. We will take reasonable measures to delete this user account of this person and prevent this person from re-registering in Your Toon.
You represent and guarantee that you have all the rights and authorities to sign this agreement, and that doing so will not violate any other agreements to which you are a party, and that you have not been suspended or cancelled using Your Toon before. You further agree that the use of Your Toon complies with all applicable laws. Your Toon is not offered to any user who has previously banned its use.
3. Privacy
Please refer to our privacy policy for information on how we collect, use and disclose your information when you use Your Toon.
4. User content
Your Toon may allow you to create, store and share content with other users. Except for the company license you granted to us below, you reserve all rights between you and us to your user content. In addition, we do not claim the ownership of any user content you publish on or through Your Toon.
You grant us a permanent, irrevocable, non-exclusive, royalty-free, global, fully paid and transferable sub-license to use, copy, modify, adapt, publish, translate, create derivative works, distribute, perform in public and display your user content and any name, and provide the user name or similarity related to your user content in all media formats and channels now known or developed in the future, and do not give it to you You agree that we use user content, whether it contains personal name, portrait, voice or character, which is enough to show personal identity, and you agree that your user content can be used for commercial purposes. You further confirm that our use of your user content for commercial purposes will not cause any harm to you or anyone authorized to act on your behalf. You confirm that Your Toon is supported by advertising, which may display advertisements and promotions. You hereby agree that we can put such advertisements and promotions on Your Toon or use them in combination with your user content, and the methods and scope of such advertisements and promotions will be changed without prior notice. You acknowledge that we may not always determine paid services, sponsored content or commercial correspondence.
You represent and warrant that: (I) you own the users you designed on or through Your Toon
1. Comb the data embedding points
2. Develop supplementary pages in cooperation with design
3. Organize user agreements
4. Experience the competitive product subscription function, sort out the subscription function logic, and select our own payment template
Today's work content is rather miscellaneous, and the missing content in communication with the development needs to be continuously supplemented, which is slightly in a hurry, and the product functions and corresponding pages are incomplete. We must pay attention to careful inspection in the future to avoid delaying the development progress.
Organize the relevant materials for creating App and subscribing
Continue to work with design assistance
Capacity, or have the right to grant the rights and licenses specified in this clause; (ii) You agree to pay all royalties, fees and any other payments arising from your styling of user content on or through Your Toon; And (iii) you have the legal right and ability to enter into these terms within your jurisdiction. You shall not create, publish, store or share any user content that violates this clause, or user content for which you have not granted us all the rights required by the above-mentioned company license. Although we have no obligation to filter, edit or monitor user content, we may delete or delete user content at any time for any reason. User content deleted from Your Toon may continue to be stored by us, including but not limited to: in order to comply with some of our legal obligations. Your Toon is not a backup service, and you agree that you will not rely on Your Toon for user content backup or storage. We will not be responsible for any modification, suspension or suspension of Your Toon, or the loss of any user content.
5. Prohibited acts and contents
You will not violate any applicable contract, intellectual property law or any other applicable law or other third party rights (including company rights) or commit infringement, and you are solely responsible for your behavior when using Your Toon. On your behalf, you guarantee and agree that you will not use Your Toon by uploading user content or other means, or encourage or assist any other party to use your toon: * to engage in any harmful, fraudulent, deceptive, harassing, threatening, threatening, plundering, slandering, obscene, stalking or other offensive behavior.
* use or attempt to use this user's account without the authorization of other users and us.
* use Your Toon in any way that may interfere, interfere, negatively affect or inhibit other users from fully enjoying Your Toon, or use Your Toon in any way that damages, disables, overburdens or damages Your Toon function.
* decompile, reverse engineer any aspect of Your Toon, or do anything that may discover the source code, or bypass or evade measures to prevent or restrict your access to any part of Your Toon.
* try to bypass any content filtering technology we use, or try to access any function or area of Your Toon that you have no right to access.
* without our prior written consent, develop or use any third-party applications that interact with Your Toon, including any scripts designed to scrape or extract data from Your Toon.
* use Your Toon for any illegal or unauthorized purpose, or engage in, encourage or promote any activities that violate this clause.
You can also publish or otherwise share only non-confidential user content, and you have all necessary disclosure rights. You may not create, publish, store or share any of the following user content:
:: Illegal, defamatory, slanderous, obscene, pornographic, obscene, suggestive, harassing, threatening, infringing on privacy or publicity rights, maltreatment, incitement or fraud.
* It will constitute, encourage or instruct a criminal offence, violate anyone's rights, or otherwise cause liability, or violate any local, state, national or international law.
* may infringe any patent, trademark, trade secret, copyright or other intellectual property rights or exclusive rights of anyone.
* include or describe any statements, comments or claims that do not reflect your true views and experiences.
* Pretending or distorting your relationship with any person or entity.
* includes any unsolicited promotion, political campaign, advertisement or solicitation activities.
* Including any private or personal information of a third party without the consent of the third party.
* Contains any virus, damaged data or other harmful, destructive or destructive files or contents.
* yes, in our sole judgment, we oppose or restrict or prohibit any other person from using or enjoying Your Toon, or may expose us or others to any kind of injury or liability.
We reserve the right to delete any user content from Your Toon, suspend or suspend Your Toon, introduce new functions, impose restrictions on certain functions or restrict access to Your Toon at any time.
6. Limited license; Copyright and trademarks
Your Too and the text, graphics, images, photos, videos, illustrations, trademarks, trade names, headers, button icons, scripts, service marks, logos, slogans, filters and other contents contained therein (collectively, "Your Too Content") are owned or authorized by us. Unless expressly stated in this clause, we and our licensors reserve all rights to Your Toon and Your Toon content. You are hereby granted a limited, non-exclusive and non-transferable license to use Your Toon and Your Toon content for your personal use ("user license"); However, this kind of user license is bound by these terms and does not include any of the following rights: (i) selling, reselling or commercial use of Your Toon or Your Toon content; (ii) Reproduction, reproduction, distribution, public performance or public display of Your Toon content, unless expressly permitted by us or our licensors; (iii) Modify Your Toon content, delete any ownership notice or mark, or otherwise make any derivative use of Your Toon or Your Toon content, unless explicitly stipulated in this clause; (iv) using any data mining, robot or similar data collection or extraction method; Or (v) use Your Toon or Your Toon content other than that expressly provided in this clause. The use of Your Toon or Your Toon content without our prior written permission is strictly prohibited and will terminate the user license granted in accordance with this clause. You will not remove, change or hide any copyright, trademark, service mark or other ownership statement contained in or attached to Your Toon content.
7. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information submitted by you about us or Your Toon (collectively referred to as "feedback") are non-confidential information and will become our exclusive property. We have exclusive rights, including but not limited to all intellectual property rights, and will have the right to use your feedback for any purpose, commercial or other without any thanks or compensation.
8. Compensation
To the maximum extent permitted by applicable laws, you will indemnify, defend and hold us and our respective officers, directors, agents, partners and employees (individually or collectively referred to as the "Company") harmless from any losses, liabilities, claims, demands and damages arising from (i) the expenses or costs incurred or related to your use of Your Toon ("claims"); (ii) your user content or feedback; (iii) you violate these terms; (iv) You infringe, misappropriate or infringe any rights of others (including intellectual property rights or privacy rights); Or (v) your behavior related to Your Toon. You agree to immediately notify all parties of any third-party claim, cooperate with all parties of the company in defending such claim, and pay all expenses, costs and expenses related to defending such claim (including but not limited to attorney fees). You also agree that each party in the company will control the defense or settlement of any third party claim. This compensation is in addition to, but not a substitute for, any other compensation specified in the written agreement between you and us or other companies.
9. Disclaimer
We do not control, approve or assume responsibility for any user content or third-party content provided or linked on Your Toon.
The risk of using Your Toon is at your own risk. Your Toon is provided "as is" and "available" without any express or implied warranty, including but not limited to implied warranties of merchantability, suitability for specific purposes, ownership and non-infringement. In addition, we do not represent or guarantee that Your Toon is accurate, complete, reliable, current or error-free. Although we try to make it safe for you to access and use Your Toon, we cannot and do not declare or guarantee that Your Toon or server is free of viruses or other harmful components. You assume all risks of Your Toon's quality and performance.
10. limitation of liability
For any indirect, consequential, punitive, accidental, punitive or special damage or loss of profits, the Company and other parties to the agreement will not be liable to you according to any liability theory (whether based on contract, infringement, negligence, strict liability, guarantee or other), even if you have been told that such damage may occur.
For any claim arising from or related to this clause or Your Toon, regardless of the litigation form, the full liability of the company and other companies is limited to the amount (if any) paid by you with Your Toon.
The limitations specified in this section will not limit or exclude the liability for gross negligence, fraud or willful misconduct of the Company or other company parties, or any other matter for which the applicable law cannot exclude or limit the liability. In addition, some jurisdictions do not allow exclusion or limitation of incidental or indirect damages, so the above limitation or exclusion may not apply to you.
11. release
To the maximum extent permitted by applicable laws, you exempt the company and other company parties from responsibilities, liabilities, claims, requirements and/or known and unknown damages of any kind and nature (actual and consequences) (including but not limited to negligence claims) caused by or related to the actions or omissions of users and third parties.
12. Data transmission and processing
When you use Your Toon, the transmission and storage of your information is governed by our privacy policy.
13. settlement of disputes; Binding arbitration
Please read the following section carefully, because it requires you to arbitrate certain disputes and claims with the company, and limits the way you can seek relief from us.
Except for small claims disputes, you or our company seek to file a personal lawsuit with the small claims court in the county where your billing address is located, or you or our company seek injunctions or other equitable remedies for the alleged illegal use of intellectual property rights. Y, you and our company waive the right to be tried by jury, and the right to resolve any disputes arising from or related to this clause or Your Toon in court.
You and our company agree that any disputes arising from or related to this clause or Your Toon are personal disputes between you and our company, and any disputes will be resolved only through individual arbitration, and shall not be brought as class arbitration, class action or any other type of representative litigation.
You and the company agree that these clauses affect interstate trade, and the enforceability of this Article 15 will be governed by 9 U.S.C.§1 and below ("FAA") in substance and procedure, to the maximum extent permitted by applicable laws. Subject to the restrictions of the Federal Aviation Administration and these Terms and Rules, the arbitrator will have the right to make all procedural and substantive decisions on any dispute and give any remedies available in court; However, if the arbitrator has no right to conduct collective arbitration or representative litigation prohibited by this clause, the arbitrator can only conduct individual arbitration, and may not combine the claims of multiple individuals, preside over any class or representative litigation, or preside over any litigation involving more than one person.
Any claim arising from or related to this clause or Your Toon must be filed within one year after the claim occurs; Otherwise, the claim will be permanently prohibited, which means that you and the company will have no right to claim compensation.
14. change of this clause
We may change these terms from time to time. If we make changes, we will publish the revised terms to Your Toon and update the above "effective date". We may also try to notify you by sending an email notification to the address associated with your account, if any, or by sending a notification through Your Toon. Unless otherwise stated in our notice, the revised terms will take effect immediately, and your continued use of Your Toon after our notice will confirm your acceptance of these changes. If you disagree with the revised terms, you must stop using Your Toon.
15. electronic communication
By using Your Toon, you also agree to receive our electronic communication (for example, by email or posting a notice on Your Toon). These communications may include notices about your account (for example, payment authorization, password change and other transaction information) and are part of your relationship with us. You agree that any notice, agreement, disclosure or other communication we send to you electronically will meet any legal communication requirements, including but not limited to the written form of such communication.
16. termination
We reserve the right to terminate your use of Your Toon at our own discretion without notice. We are not responsible for any loss or injury caused by your inability to use Your Toon.
17. Separability
If any clause or part of the clause is illegal, invalid or unenforceable, the clause or part of the clause shall be deemed to be separable from the clause without affecting the validity and enforceability of any remaining clause. 18. additional terms applicable to IOS devices
The following terms Apply if you use Your Toon on any device containing the iOS mobile operating system ("app") developed by Apple.
:: Confirmation. You confirm that this clause is only signed by you, not with Apple and us, not Apple. We are fully responsible for the application and its content. You further confirm that, from the date you download the application, the usage rules of the application are subject to any additional restrictions stipulated in the usage rules of the terms of service of the Apple App Store. In case of any conflict, the usage rules in the Apple App Store shall be subject to the more restrictive rules. You acknowledge and agree that you have the opportunity to review Apple's usage rules.
* scope of permission. The license granted to you is limited to the non-transferable license to use this application on any iPhone, iPod touch or iPad owned or controlled by you, as permitted by Apple's usage rules as stipulated in the terms of service of Apple App Store.
* maintenance and support. You and we acknowledge that Apple has no obligation to provide any application-related maintenance and
Support services.
* warranty. You acknowledge that Apple is not responsible for any product warranty, whether express or implied by law. If the application does not meet any applicable warranty, you can inform Apple that Apple will refund the purchase price (if any) and you will pay the application fee to Apple; To the maximum extent permitted by applicable laws, Apple does not undertake any other guarantee obligations for this application. You and the Company acknowledge that in the event of any applicable warranty, any other claims, losses, liabilities and damages, the costs or expenses arising from the failure to comply with any such applicable warranty will be solely borne by the Company. However, you understand and agree that according to these terms, our company has waived any kind of warranty related to this application, so there is no warranty applicable to this application.
* Product claims. You and our company acknowledge that between Apple and our company, our company (not Apple) is responsible for resolving any claims related to this application or your ownership and/or use of this application, including but not limited to (i) product liability claims, (ii) any claims that the application does not comply with any applicable laws or regulatory requirements, and (iii) claims based on consumer protection or similar legislation.
* Intellectual property rights. You and our company acknowledge that if any third party claims that the application or your ownership and use of the application infringes the intellectual property rights of the third party, our company (not Apple) will be fully responsible for investigating and defending, and solving and relieving any such intellectual property infringement claims within the scope required by this clause.
* legal compliance. You represent and guarantee that (i) your country is not restricted by the US government embargo, nor is it designated by the US government as a "state supporting terrorism", and (ii) you are not included in any list of prohibited or restricted parties by the US government.
* developer's name and address. Any questions, complaints or claims related to the application should be sent to: YourToonservice@mobophoto.com
* terms of third-party agreement. You agree to abide by any applicable third party terms when using Your Toon.
* Third-party beneficiaries. You and the company acknowledge and agree that Apple and its subsidiaries are the third-party beneficiaries of these terms, and that after you accept these terms, Apple will have the right (and will be regarded as the accepted right) to enforce these terms as the third-party beneficiary for you.
18 other
These terms constitute the entire agreement between you and us regarding your use of Your Toon. If we fail to exercise or enforce any rights or provisions of these articles, it will not be regarded as a waiver of such rights or provisions. Chapter titles in these clauses have no legal or contractual effect for convenience only. Except as otherwise provided in this agreement, this clause is only for the benefit of you and the company, and does not grant rights to any other person or entity as a third-party beneficiary.