D33P – FUN WITH YOUR PHOTO! SERVICE USAGE TERMS AND CONDITIONS
Accepting the Terms
By using the information, tools, features and functionality located on D33P - Fun with your photos! , you agree to be bound by this Agreement. The term 'you' or 'User' refers to a person who downloaded D33P - Fun with your photos! and start using D33P - Fun with your photos!. The term 'we' refers to Joy Aether Limited. If you wish to use D33P - Fun with your photos!, you must read this Agreement and you may need to login with your Facebook login name and password to use Facebook related functionalities.
You may not use the application and you may not accept this Agreement if you are not of a legal age to form a binding contract with Joy Aether Limited.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
Description of the Service
D33P - Fun with your photos! is an android application for users to convert their photos from 2D to 3D. You acknowledge that we may, in our sole discretion and with or without notice, modify the application.
This application is provided to you by Joy Aether Limited, and is meant as an aid to assist you in organizing and managing your expense and vacation information. It is not intended to provide legal, tax or financial advice.
Your access and use of D33P - Fun with your photos! may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of D33P or other actions that Joy Aether Limited, in its sole discretion, may elect to take.
In using this application you may need to login in with your Facebook ID and password. We will not collect your Facebook password, and the information that we can collect from Facebook will be indicated in Facebook's "Request for Permissions" window.
We may use third-party advertising companies to serve ads on our application. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. By using our 'Application', you agree to the terms and conditions of our third-party advertising services.
Your Use of the Service
You must not: disrupt or interfere with the application or servers or other software, hardware or equipment connected to or via the application; violate any Applicable Law relating to your use of the application; or collect or store data about other Users of the application.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Joy Aether Limited through the application, you are licensing that content to Joy Aether Limited solely for the purpose of providing the application. Joy Aether Limited may use and store the content, but only to provide the application to you. By submitting this content to Joy Aether Limited, you represent that you are entitled to submit it to Joy Aether Limited for use for this purpose, without any obligation by Joy Aether Limited to pay any fees or other limitations.
Disclaimer of Representations and Warranties
YOU USE THE SERVICE AT YOUR RISK. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY DATA, INCLUDING RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY DATA. ALL INFORMATION PROVIDED ON OR VIA THE SERVICE IS FOR INFORMATION PURPOSES ONLY.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH JOY AETHER LIMITED OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN 'AS-IS' AND 'AS AVAILABLE' BASIS. JOY AETHER LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF D33P OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
JOY AETHER LIMITED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON D33P OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. JOY AETHER LIMITED MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Joy Aether Limited's Intellectual Property Rights
The contents of D33P - Fun with your photos!. including its 'look and feel' (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Hong Kong and other applicable copyright, trademark and other laws. The contents of D33P belong or are licensed to Joy Aether Limited or its software or content suppliers. Joy Aether Limited grants you the right to view and use D33P - Fun with your photos! subject to these terms. You may download or print a copy of information provided on D33P - Fun with your photos!. for your internal use only. Any distribution, reprint or electronic reproduction of any content from D33P - Fun with your photos! in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Links and Advertisements
1. We have not reviewed all of the websites linked to this application and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this application (including without limitation sites linked through advertisements or through any search engines).
2. Some links which appear on the application are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
3. Your correspondence or dealings with, or participation in promotions of, advertisers on the Application are solely between you and such advertisers.
4. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Application.
Access and Interference
You agree that you will not:
1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor D33P - Fun with your photos! or any portion of D33P - Fun with your photos! , without Joy Aether Limited's express written consent, which may be withheld in D33P - Fun with your photos!'s sole discretion;
2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search D33P - Fun with your photos!, other than the search engines and search agents available through the application and other than generally available third-party web browsers (such as Microsoft Internet Explorer);
3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of D33P - Fun with your photos! or the Service; or
4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of D33P - Fun with your photos!
Limitation of Liability
JOY AETHER LIMITED SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO D33P, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF JOY AETHER LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, JOY AETHER LIMITED'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO HKD$100.00 (ONE HUNDRED HONG KONG DOLLARS).
Where you are required to register with us, you may cancel such registration at any time by notifying us.
We may cancel your registration if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of this agreement, or have violated our rights or those of another party.
The provisions of these terms and conditions entitled "Disclaimer of Representations and Warranties", "Limitation of Liability," and "General Provisions" will survive cancellation of your registration or termination of this agreement.
If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This agreement will be governed by the laws of Hong Kong Special Administrative Region of the People's Republic of China ('Hong Kong'). You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Service or the data or your breach of this agreement.