TERMS OF SERVICE
Effective Date: December 26, 2022
These terms of service (“Terms”) apply to any user (“User” or “You”) using the current and future versions of the video communication service (“AZAR”) owned and provided by Hyperconnect LLC (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED OR NON-REGISTERED . BY ACCESSING AND USING AZAR, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PERSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF AZAR.
The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries.
CHAPTER 1. General Provisions
The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of AZAR on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “AZAR App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“AZAR Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.
2. Changes to these Terms
The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of AZAR after the effective date of a change to these Terms will constitute Your acceptance of the change. If a refund with regard to such a change is required by applicable law, You will be entitled to the refund accordingly. However, changes that benefit Users or changes due to legal reasons may become effective immediately.
3. Additional Terms
Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.
4. Notification and Communication to Users
CHAPTER 2. Ownership and Relevant Licenses Regarding AZAR
1. Ownership of AZAR Contents
2. Scope of License Regarding AZAR
3. Scope of License Regarding Your Information
4. Content License
In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on AZAR (Please note that license for your Azar Live Content (as defined below) will be governed by Article 5 (1), Chapter 6 of the Terms [Link]), You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. Accordingly, You agree that (except for Your Azar Live Content) any Content you provide may be viewed by other registered Users of AZAR. You can delete Content individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your Content outside of AZAR, You authorize the Company to act on Your behalf with respect to infringing uses of Your Content taken from AZAR by other Users or third parties. The Company and its affiliates’ license to Your Content is used for the limited purposes of operating, developing, providing, improving, and promoting AZAR and researching and developing new services of the Company to the extent that such use does not infringe on Your privacy in accordance with applicable laws, including the Personal Information Protection Act.
CHAPTER 3. Commencement of Use of Service
1. Consent to the Terms
2. Membership Registration Process
CHAPTER 4. Rights and Obligations of the Company and Users
You must use AZAR in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Term. Please stop using AZAR immediately if You do not agree to these Terms or the User guidelines.
2. Prohibited Acts
You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations in addition to restrictions on the use of the relevant AZAR services, including refusal of payment of the revenue under Article 4, Chapter 6 and restriction on the receipt of gifted Items under Article 3, Chapter 6, or suspension or termination of the relevant Azar account.
3. Prevention of Unauthorized Use
The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of AZAR, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.
4. Protection of Personal Information
Any comments, suggestions, or feedback relating to AZAR and/or the AZAR App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to AZAR and/or the AZAR App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.
You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. In the event that the Company transfers the business related to AZAR to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.
CHAPTER 5. Use of Services
Section1. Content of Service
1. General Provisions
2. User Tier Status
Depending on the regions, we may provide different services based on the tier status of Users in accordance with our tier status operation policies. In such a case, the User tier status will be granted by the standards set by the Company. The Company may make a distinction in contents of the service between different User tiers, and the Company can change such contents of service due to our circumstances at our discretion. Detailed information of such service will be posted separately in accordance with the notification stipulated in these Terms.
3. Affiliated Partner Services
The Company may place advertisements of the Company and/or third parties within AZAR.
Gem is an electronic token that can be used to acquire items within AZAR. The units, payment methods, and other conditions for conferring Gems are determined by the Company and posted on AZAR.
Items are virtual commodities or gifts You can purchase and use in Azar Live. You can own or send Items to other Users within AZAR Live. You can purchase an Item within AZAR, including AZAR Live. Items can be converted into Stars according to the conversion rates and policies announced separately by the Company in AZAR Live.
Items that You receive in AZAR Live are converted into Stars. The Company may provide certain benefits in connection with Stars, in which case the Company will make a separate announcement and the benefits will be provided accordingly.
6. Personalized Service on Lounge
The Company helps you match and communicate with other users that may be of interest to you. The Company uses the information regarding your in-app activites (e.g., likes you sent to other users on the lounge) to make such an offer to you (e.g. suggestion to other users you may wish to talk to). You agree that the user the Company suggests through the personalized service may include artificial intelligence chatbots.
Section 2. Fee-Based Services
1. Purchase of Fee-Based Services
The Company may offer a subscription service or option in Azar, which may include discounts for a certain duration of the commitment period, provision of bonus gems, items, rewards, or other benefits for a corresponding price (“Subscription Services”).
Renewal and Cancellation of Subscription Services
Subscription Services are renewed automatically each month. If You do not wish to renew the subscription, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period. For cancellation of Subscription Services, we do not have the ability to cancel automatic renewals for purchases for you. Please follow the steps below on how to cancel the automatic renewals.
(1) Launch the Google Play Store app.
(2) Tap the Menu, then Subscriptions.
(3) Tap on the app of the subscription you'd like to cancel, then tap Cancel Subscription.
Apple/iOS App Store:
(1) Go to Settings, then iTunes & App Store.
(2) Tap your Apple ID. You might need to sign in or use Touch or Face ID.
(3) Tap Subscriptions.
(4) Tap the subscription that you want to manage.
(5) Use the options to manage your subscription.
Changes to Subscription Services
The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change so that the Users may cancel the renewal before the new changes become effective.
Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
Gems are granted to Users through purchase within AZAR, promotions, or other methods designated by the Company. The Company shall determine and display on AZAR the purchase units of Gems, payment methods, and other conditions for granting of Gems.
If You purchase any Subscription Services, Gems and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
The Company cannot change the settings of Your Device. If You, based on Your own judgment, purchase Products by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
Additional Terms that apply if you pay the Company directly with your payment method.
If you pay the Company directly, the Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, the Company may terminate your Subscription Services and/or your account immediately in its sole discretion.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, terminate or cancel your Subscription Services, you remain responsible for any uncollected amounts and authorize the Company to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
If you reside outside of the Republic of Korea, you agree that your payment to the Company will be through MTCH Technology Services Limited.
You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.
2. Period of use, exchange, and transfer of Products
Products can be used for 5 years from the date of purchase, and will expire after 5 years from the date of purchase. However, the period during which a User can use Gems acquired by a method other than purchase is subject to conditions provided by the Company.
A Product can only be used on the account where it was purchased and cannot be transferred to another account by any method other as recognized by the Company.
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services within fourteen (14) days from the date your subscription period commenced, costs proportional to the amount of subscription period that has lapsed and fees charged at the time of payment (including payment gateway agency fees, Google Play and App Store fees, and other third-party fees duly charged at the time of payment). In addition, at the time of cancellation, if You have already used any Products that You received as part of the Subscription Services (including Gems and/or Items that are provided as free gifts for Subscription Services), the costs for such used Products may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Products that were granted as part of such Subscription Services may be reclaimed by the Company.
In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. If you reside in the EU region, You will be entitled to 14-day statutory rights of cancellation under the applicable law. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.
If a User is a minor (Republic of Korea: under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be cancelled even if it was made without the consent of the legal representative.
CHAPTER 6. AZAR LIVE
The Company provides AZAR Live live streaming service (“AZAR Live”) as part of AZAR, which may be embedded to other apps or platforms. This chapter applies to Your use of AZAR Live.
1. Use of AZAR Live
2. Hosting and participating in live broadcasts
3. Gifting Items
Users may collect Stars based on their activities (including promotional activities) on AZAR Live and may receive the revenue by participating in the reward program. However, Items or Stars are not intended to be used as a means to provide compensation or financial support to the Users. Users, however, may receive the revenue by participating in the Company’s rewards programs. The Company makes no assurances to any User that any User receiving Items will receive a financial benefit. If a User falls under Article 2 (a), Chapter 8, the Company may temporarily or permanently refuse to pay the revenue under this Article or any future revenue, regardless of whether such revenue is directly related to the violation.
5. Operation and use of contents
Despite efforts under Article 1(e), Section 1, Chapter 5 of these Terms, it is physically impossible for the Company to control all AZAR Live Content that Users encounter in the process of using AZAR Live. Therefore, You should be fully aware of the risk that You may encounter an AZAR Live Content that can be offensive or obscene, or cause discomfort when using AZAR Live. The Company does not bear any responsibility for the AZAR Live Content created, transmitted, or shared through AZAR Live without involvement of the Company, except as otherwise provided by law. You will not involve the Company in any claims or disputes arising from such AZAR Live Content and You can report to the Company of such AZAR Live Content once you become aware of such AZAR Live Content.
6. Restrictions on the use of Azar Live, such as live broadcasts
Where a host violates Article 2, Chapter 4 of these Terms or commits an illegal act such as unlawful copying, illegal use of another’s name, fraudulent use of a credit card, fraud, defamation, or violation of the Act of on Sexual Crime of Violence or Act on the Protection of Children and Youth against Sex Offenses, the Company may, based on its judgement, restrict or remove the User’s authority to conduct a live broadcasting show as a host. Except where notification is not permitted by law (for example, when the act of notification results in violation of law or regulatory rules, or obstruction of a regulatory agency’s investigation) or could reasonably cause harm to a User, third party, or the Company (for example, harming the security system of AZAR), the Company will notify the applicable User at issue without delay.
CHAPTER 7. Third Parties Relating to Service Use
1. Authority to Use Bandwidth and Device
2. Use of Third-Party Software
These Terms also apply to Your use of any third-party software or technology that is incorporated in AZAR.
3. No Access to Emergency Communication Services
AZAR does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that AZAR is not a replacement for Your primary telephone service.
4. Third-Party Fees
If You use Your native SMS application to deliver messages or invitations to people who are not registered Users of AZAR and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.
5. Third-Party Sites, Products, and Services
CHAPTER 8. Termination of Service and Restrictions of Use
1. Termination of Service and Withdrawal from Service by You
2. Restriction or Termination of Service by the Company
CHAPTER 9. Indemnification and Warranty Disclaimers
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF AZAR AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF AZAR AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO AZAR. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.
2. WARRANTY DISCLAIMERS
3. LIMITATION OF LIABILITY
4. BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.
The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
CHAPTER 10. Interpretation of Terms, Governing Law and Dispute Resolution
1. Entire Agreement
These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
3. Injunctive Relief, etc.
You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.
These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.
5. Governing Law and Jurisdiction
In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.
Additional Information: To receive information or technical support for AZAR, please mail to [email protected]
© Hyperconnect LLC All rights reserved.
The following additional terms ("Supplementary Terms") may apply respectively to Users having residence in or nationality of certain countries. In the event of any conflict between the Supplementary Terms and the provisions of the main body of the Terms, the Supplementary Terms shall prevail.
These U.S. Supplemental Terms and Conditions (in this Section D., together with the AZAR Terms of Service, the “Terms”) apply if You are accessing or using AZAR from within United States (including any of its territories and possessions). To the extent there exists any conflict between these Supplemental Terms and the AZAR Terms of Service, these Supplemental Terms shall prevail. For purposes of these Supplemental Terms, the term “AZAR” includes, without limitation, the AZAR App itself, as made available by the Company.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS WITH RESPECT TO DISPUTES.
1. Applicable Law
The Terms, their subject matter, their formation, and any arbitration proceeding outlined below, are governed by the laws of the state of New York, without regard to its conflict of laws provisions.
If You are over the age of seventeen (17) but under the age of eighteen (18), Your parent or guardian must agree to be bound by these Terms on Your behalf. The Company reserves the right to decline Your registration for service membership if You do not meet the minimum age requirement set forth in these Terms.
If You are using AZAR on behalf of a business or entity, then You agree, represent and warrant that (a) You are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (b) Your business or entity is legally responsible for Your use of AZAR as well as for the use of Your account by other individuals authorized by Your business or entity, including without limitation, any authorized employees or officers.
3. Content; Licenses; Location Data
Your Content. You agree not to post any personal contact information, banking information, or sponsored or promotional content on your individual profile page. Without limiting the foregoing, if you do choose to reveal any personal information about Yourself to other Users, You do so at your sole risk.
License. By using AZAR, and whenever You upload, stream, post or otherwise provide Content on, to, or through AZAR, You hereby grant to the Company and its affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license to (a) display Your Content within AZAR; (b) allow other Users of AZAR to view, access, and play Your Content, (c) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes the Company makes so that Your Content is compatible with AZAR), communicate, publish, publicly perform, publicly display and distribute Your Content without compensation to You or others, (d) sublicense and pass these rights along to service providers and others with whom the Company has contractual relationships related to the operation of AZAR (e.g., cloud hosting providers) and to otherwise permit access to or disclose Your Content to the extent set forth in the Terms, and (e) use Your User name, image, voice, and likeness to identify You as the source of any of Your Content, and You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Content.
Other Users’ Content. You may only use other Users' information and Content for purposes of meeting with others consistent with the purposes and policies of AZAR. You may not use other Users' information for commercial purposes, to spam, to harass, to make unlawful threats, or in any other manner inconsistent with applicable laws. The Company reserves the right to terminate Your account immediately, and without notice, if You misuse other Users' information or Content.
Location Data. Certain Content, services and materials may be made available to You based on Your location. If You have disabled, or have not authorized AZAR to access, location data services on Your Device, location-specific Content, services and materials will not be available to You.
4. Items and Products; Subscription Services
Access to certain Products may not be available in Your jurisdiction. You acknowledge and agree that the Company has the right, in its sole discretion, to manage, modify, update, or cancel, in whole or in part, any Products, or programs under which Products may be purchased, used or redeemed, at any time. However, if the Company modifies, updates or cancels any Products, or programs under which Items or Products may be purchased, used or redeemed, in a manner that materially diminishes the value of any Subscription Services You have purchased, the Company will notify You of the relevant change or cancellation, by in-app notice and/or by email notice to the email address associated with Your User account, at least seven (7) days in advance of the proposed effective date of the change, and, notwithstanding anything to the contrary set forth in the Terms, You may cancel any affected Subscription Services at any time prior to the effective date of the change or cancellation without liability. If You do not cancel the Subscription Services within such seven (7) day time period, You will be deemed to have assented to the relevant Product or program changes and, to the extent applicable, continued participation in the Subscription Services.
The following provisions apply in lieu of (and supersede and replace) Article 3 of Section 2 Chapter 5 of the AZAR Terms of Service (Refunds):
Unless otherwise specified in these Terms or required under applicable law, any Products including without limitation the following are not refundable, in any event, after purchase:
If You choose to cancel Your Subscription Services after the subscription period commences, the Company will determine whether You are eligible for any refunds in its sole discretion and will deduct from any amounts refundable to You a termination fee equal to the sum of (a) 10% of the charges corresponding to the remaining subscription period, or the highest amount permitted under applicable law, whichever is lesser, (b) any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed, and (c) if, at the time of cancellation, You have already used any Gems that You received as part of the Subscription Services, the costs for such used Gems (collectively, the “Termination Fee”). The parties intend that the foregoing amounts constitute compensation, and not a penalty, and that the foregoing amounts are a reasonable estimate of the anticipated or actual harm to the Company that would result from Your early cancellation of Subscription Services. Your payment of the foregoing amounts is the Company’s exclusive remedy for early cancellation of the relevant Subscription Services. For clarity, except to the extent applicable law requires otherwise, the Company is not required to provide refunds, benefits, or other compensation if You cancel Your Subscription Services during the subscription period.
In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.
Except as expressly set forth in these Terms, the Company is not required to provide refunds, benefits, or other compensation to You in connection with any discontinued elements of AZAR or for Gems or other Products previously purchased.
5. Third Party Disputes
To the fullest extent permitted by law, You acknowledge and agree that any claim or dispute You have with any other third party in connection with AZAR (including without limitation any other User of AZAR or any third party provider of materials or links appearing on AZAR) is between You and such third party and You irrevocably agree to indemnify, release and hold harmless the Company and its affiliates, and its and their officers, directors, employees, contractors and suppliers from any and all claims, demands and/or damages arising out of any such claim or dispute.
You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that You may have in and to any and all Feedback.
7. Removal of Content; Suspension or Termination of Access
Without limiting the Company’s rights under the AZAR Terms of Service, if You violate or are suspected of violating any laws, regulations, these Terms, and other policies applicable to Your use of AZAR, the Company may take appropriate measures (including suspending or blocking Your account, revoking all or a portion of Your access rights, or reporting Your conduct to authorities) immediately, without notice to You (notwithstanding anything to the contrary set forth in the AZAR Terms of Service). In addition, the Company reserves the right to moderate, block or remove, with or without notice to You, Your Content, for any reason, including without limitation if the Company receives complaints from other Users or a third party relating to Your Content.
You acknowledge and agree that AZAR is not a storage service. If You choose to deactivate Your account or Your account is terminated by the Company for any reason, You will not be able to reactivate Your account or retrieve any of the Content or information associated with Your account. As a result, the Company recommends that You save copies of any Content or other information associated with Your account on Your personal device.
Notwithstanding the foregoing paragraph, You acknowledge and agree that the Company and its affiliate companies may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:
You understand that even if You remove Your Content from AZAR, the Company may not be able to prevent any other Users from storing or archiving any of Your Content that You have shared via AZAR.
The Company respects the intellectual property rights of others and asks You to do the same. As a condition of Your access to and use of AZAR, the Company reserves the right, with or without notice, at any time and in the Company’s sole discretion, to block access to or terminate the accounts of any User who infringes upon or is alleged to infringe upon any intellectual property rights of any person or entity.
If the Company receives a complaint alleging copyright infringement relating to Your Content, the Company may delete or block access to the relevant Content without notice to You, and You shall be solely liable for any damages or other consequences caused by such infringement allegations.
If You are a copyright owner or an agent thereof and believe any Content provided through AZAR infringes upon Your copyrights, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to [email protected] containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that You claim has been infringed, (c) a description of where the material that You claim is infringing is provided through AZAR, (d) Your address, telephone number, and email address, (e) a written statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. You acknowledge that if You fail to comply with all of the above requirements of this Section, Your DMCA notice may not be valid.
9. Dispute Resolution
ARBITRATION AND CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
10. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California Users of AZAR receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
11. New Jersey Residents
The laws of the State of New Jersey may further limit the limitations of liability set forth in the Terms. In such case You explicitly agree that the Company’s (or any other released party’s) liability to You shall apply to the maximum extent permitted by the laws of the State of New Jersey.
You agree that You will not export or re-export, directly or indirectly, the AZAR App or any other portion of the products, services, or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, neither AZAR nor any of the foregoing products, services, information or materials may be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including without limitation the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
13. U.S. Government Rights
The AZAR App and all related technology and documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end Users (a) only as Commercial Items and (b) with only those rights as are granted to all other end Users pursuant to the terms and conditions herein.
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