TERMS OF SERVICE

Effective Date: October 4, 2023     

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

1. Purpose

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

1. When the Company contacts the Users in relation to AZAR, it will do so by posting on an appropriate space on the Company’s website or applications, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
2. If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.

CHAPTER 2. Ownership and Relevant Licenses Regarding AZAR

1. Ownership of AZAR Contents

1. Unless otherwise stipulated, “AZAR contents” means text, graphic, image, illustration, design, icon, photo, and other related phrases provided to Users in AZAR. Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in AZAR, AZAR App, service website, these Terms, Privacy Policy, User Guidelines and any related documentation and information, AZAR contents (collectively, the “Company Assets”), and the selection and arrangement of AZAR contents belong solely to the Company.
2. The Company Assets and the selection and arrangement of AZAR contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
3. Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of AZAR contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.

2. Scope of License Regarding AZAR

1. The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the AZAR App, in object code format, only on Your Device for the sole purpose of personally using AZAR. You only obtain a license to use the object code version of the AZAR App, and You do not have any right whatsoever in the original source code of the AZAR App. You may only use the Company Assets for the sole purpose of personal use of AZAR.
2. If You use the Company Assets in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of AZAR).

3. Scope of License Regarding Your Information

If You download the Azar APP to use Azar, You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the AZAR App in order to use AZAR.

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.

5. Restrictions

1. You only obtain a limited license to use the object code version of the AZAR App.
2. You shall not use the Company Assets for any commercial purposes.
3. You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
4. You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.
5. You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying User interface techniques, or algorithms of the Company Assets, in particular AZAR and the AZAR App, by any means whatsoever.
6. You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
7. You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.

CHAPTER 3. Commencement of  Use of Service

1. Consent to the Terms

1. AZAR includes services provided to non-registered users (“Basic Service”) and services provided only to registered users who complete the signing up process and log in to their accounts  (“Member Service”). The specific details of the type of the services and how to use the services will be as provided in these Terms, on the Service or in notices or information on service use separately provided by the Company.
2. By accessing and using AZAR, You agree to be bound by the terms set forth herein, the amended terms pursuant to these Terms, and the user guidelines established pursuant to these Terms. If You do not agree with these Terms, please immediately terminate Your use of AZAR.

2. Membership Registration Process

1.  You can register for service membership in accordance with the procedures set by the Company, and Your membership registration process will be completed once the Company accepts Your registration.
2. You can log in to AZAR in various ways, including using your phone number. If you use AZAR using your phone number, you can additionally link your email address to your account. However, where an account was created using a phone number but not additionally linked to an email address, if you log in using that phone number on a different device, or delete the service app on iOS, download it again, and then log in using that phone number, it is impossible to confirm that the phone number belongs to the account holder. Thus, please understand that, at the time of such a log-in, the AZAR account registered under that phone number, as well as all User information, will be deleted pursuant to Article 1, Chapter 8 of these Terms,
3. In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
4. The Company will accept Your registration for service membership pursuant to Paragraph (c) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account, deleting Your Content and personal information or updating incorrect information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to a User, a third party, or the Company (e.g., if it impairs the security of AZAR):

1. Your service membership was created using a false or another person’s name;
2. You entered false or incorrect information, or omitted information requested by the Company;
3. You are under the age of 17; or
4. Other instances in violation of relevant laws, regulations or standards set by the Company such as being banned from Company’s other affiliates’ services.

3. Eligibility

1. AZAR may not be used in any jurisdiction where such a type of services is prohibited.
2. AZAR is intended solely for Users who are seventeen (17) years of age or older. Any attempt to access or use AZAR by anyone under the age of seventeen (17) is strictly prohibited and shall be considered a material violation of these Terms.
3. You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use AZAR if You are deemed capable of understanding and complying with these Terms.

CHAPTER 4. Rights and Obligations of the Company and Users

1. Obligations

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.

1. You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
2. You shall not engage in any acts that cause impairments to AZAR by damaging, disabling or overburdening the Company Assets.
3. You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
4. in using AZAR, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing AZAR:

1. Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
2. Acts that undermine, or are likely to undermine, public order or moral customs;
3. Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any other statutory or contractual rights, if applicable, of the Company and/or third parties;
4. Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
5. Impersonation of the Company and/or third party, or intentionally disseminating false  information
6. Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
7. Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam;
8. Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using AZAR for any purpose other than those prescribed herein;
9. Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
10. Using AZAR for purposes of financial crimes;
11. Encouraging other Users to participate in religious activities or join religious organizations;
12. Acts that interfere with the server and network system of AZAR, acts of illegally manipulating AZAR by using BOT, cheating tools, or other technical means, acts of intentionally using AZAR’s system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of AZAR;
13. Generating data through recording, screen capturing, photographing, etc., in the course of using AZAR, or leaking such generated data to a third party or distributing it through a third party; except if You use a specific recording feature as may be made available by AZAR and provided in such case that you comply with local legislation and additional terms relating to such feature. In any event, when recording video communication with another User, You are fully liable for complying with all applicable laws and any use restrictions requested by the recorded User. The Company is not liable for any usage made of this recording by a User or any third party they disclose it to.

14. Allowing others to access AZAR with Your account by sharing Your password or lending Your account to others or accessing AZAR with another person’s account;
15. Using AZAR for purposes other than its intended use; or
16. Aiding or encouraging any of the acts falling under any of the acts stated above except for i. through ii. above.

5. You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
6. You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
7. You shall not use or access any of AZAR by any means other than through the interface provided by AZAR.
8. You shall not exchange the right to use AZAR for cash, property or other economic benefits other than as permitted by the Company.
9. You shall not commit or engage in any acts that are in violation of these Terms, Community Guidelines, etc.

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

The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy at https://azarlive.com/home/privacy-policy.html 

5. Feedback

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.

6. Assignment

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

1. You use AZAR under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within AZAR. When You register a password for the use of AZAR, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.
2. The Company may change all or parts of AZAR at any time if it deems it necessary to improve the performance or security of AZAR, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of AZAR’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users as and when reasonably practicable. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of AZAR, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given after. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof. If You do not agree to the change of all or part of AZAR, You may be restricted from using all or part of its features.
3. The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of AZAR provided by the Company. You may sometimes have to view unwanted advertisements using AZAR. Such advertisements contribute to the Company’s ability to provide You with AZAR free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on AZAR or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of AZAR, administrative messages. The Company may also display advertisements and other promotional messages on Azar or directly send such messages to the Users’ e-mail addresses, if applicable.  
4. The Company employs its utmost efforts to provide the best service to the Users. However, AZAR may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the AZAR service screen, unless there are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
5. The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through AZAR, including Your video chat screen.

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

AZAR may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.

4. Advertising

The Company may place advertisements of the Company and/or third parties within AZAR.

5. Definition

1. “Gem”

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.

2. “Item”

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.

3. “Star”

Users may collect Stars based on their overall activities within AZAR Live.      The Company may provide certain benefits in connection with Stars to Users, through their participation in the AZAR Live Rewards Program. Please refer to the AZAR Live Rewards Program Policy (link) for more details.     .

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      activities (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

1. Subscription 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.

For Android:

 (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.

2. Gems     

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.    

3. Payment of Charges

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.

4. Liability for Payment Using Third-Party Payment Processing Methods

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

1. Period of use

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.

2. Exchange of Products

Products as flat-rate service or item cannot be exchanged for cash, property, and economic benefits other than services or content designated by the Company. Terms of use required for service or content exchange are determined by the Company and posted on AZAR.

3. Transfer of Products

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.

3. Refunds

Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:

1. Products that are in the possession of any Users whose use of AZAR has been suspended due to a violation of these Terms or illegal acts;
2. Products which have been used in whole or in part (partially used package Products); provided, however, that if a refund for the whole or partially used Products is made notwithstanding this Section, the number of Products equivalent to the value of the portion used may be deducted from Products You hold;  
3. Products that were purchased more than five (5) years ago;
4. Products that remain at the time of one (1) year from Your last use of AZAR    
5. Products that are in the possession of any Users who have terminated use of AZAR or removed the AZAR App;
6. Products that were purchased by third parties as a result of theft or loss of Device or caused by Your carelessness including the situation as set forth in Article 1 (d), Section 2, Chapter 5; and
7. Products that were purchased by Users who have accessed AZAR in violation of item (xiv), Article 2 (d), Chapter 4 of these Terms[Link].

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.

4. Minors

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

1. AZAR Live may not be available in certain countries or areas. This Chapter does not apply where this feature is not available.
2. AZAR Live is for Users of AZAR at or over the age of 18 (Republic of Korea: age of 19). Making an attempt to access or use AZAR Live by an individual aged under 18 is strictly prohibited and is considered as a serious violation of these Terms.

2. Hosting and participating in live broadcasts

1. In AZAR Live, You can be a broadcast host (hereinafter referred to as "host") or You can create, send, or share contents as a broadcast assistant (hereinafter referred to as “guest”) or a viewer.
2. A host can designate up to three managers (hereinafter referred to as “Manager”) in the broadcast that he or she hosts.
3. Contents created, sent, or shared within AZAR Live may not violate relevant laws, these Terms, or the User guidelines.

3. Gifting Items

1. Users can send or receive Items as gifts from other Users who participate on a broadcast channel within AZAR Live. However, if a User falls under Article 2 (a), Chapter 8, gifting Items to the User may be restricted.
2. Please note that once You gift an Item to another User within AZAR Live, use of the Gems needed for the gifting is completed. Therefore, You will not be refunded for items used to send gifts or for gifts sent to other users on Azar Live by the Company.
3. The Company cannot cancel the Item that you have already gifted, in the absence of applicable law, a final legal judgement or a similar decision, and does not bear any responsibility related thereto.

4. Rewards

Users may receive the rewards by participating in the AZAR Live Rewards Program.      For non-resident of the Republic of Korea, Azar Rewards Program Policy (link) governs your participation to the AZAR Live Rewards Program. (If you are a resident of the Republic of Korea, your participation to the AZAR Live Rewards Program is subject to this version of the AZAR Rewards Program Policy) (link).           

5. Operation and use of contents

1. AZAR Live

1. 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, “AZAR Live Content”) on AZAR, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable and transferable license regarding such AZAR Live Content.
2. You agree that registered and non-registered Users of AZAR may view Your AZAR Live Contents. If You do not agree with the above, please terminate Your use of AZAR Live immediately. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your AZAR Live Content in accordance with the above license. You can delete AZAR Live Content displayed on Azar individually or all at once by deleting Your account. In addition, so that the Company can prevent the unauthorized use of Your AZAR Live Content, You authorize the Company to act on Your behalf with respect to infringing uses of Your AZAR Live Content taken from AZAR by other Users or third parties. The Company and its affiliates’ license to Your AZAR Live 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.

2. Responsibility of the AZAR Live Content operator

1. For AZAR Live Contents transmitted or shared through AZAR Live, the User who created, transmitted, or shared the AZAR Live Content bears full responsibility. The Company shall not bear any responsibility except as otherwise provided by law for the AZAR Live Content transmitted or shared through AZAR Live.
2. If You are required to pay royalty, fees, or other expenses to a third party due to Your AZAR Live Content, You are fully responsible for the payment.
3. Regarding Your AZAR Live Content, You must guarantee the following for using AZAR Live. In the event of a violation of any of the following, you may be subject to suspension or termination of your account. You may also be liable for civil or criminal liability accordingly, and the Company may take action against You to the extent permitted by law to minimize resulting damages incurred to third parties or the Company.

1. You are the only creator or legitimate owner of the AZAR Live Content, or have legitimate authority over the transmission and use of the AZAR Live Content.
2. The AZAR Live Content You send, share, or display a) do not include any information regarding intellectual property rights, trade secrets, or personal information of a third party, and b) do not infringe or damage the personal rights, intellectual property rights, property rights, or other rights of a third party.

3. Duty of care when using the AZAR Live Content

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

1. If Your use of AZAR is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
2. You must own or have the legal right to control the use of the Device to which You are downloading the AZAR App and/or through which You are accessing the website that provides AZAR. You must delete the AZAR App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device.  You will be solely responsible for any problems that may result from Your failure to delete the same.

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

AZAR may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.

CHAPTER 8. Termination of Service and Restrictions of Use

1. Termination of Service and Withdrawal from Service by You

1. To terminate Your use of the service, You may delete Your account by going through “About Azar > Delete Account” in the Settings. IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occurs as a result of Your failure to do so will be Your sole responsibility. Please note that it will be deemed as termination of Service by You if You attempt to log in from another device with the same phone number or log in with the same phone number that you initially used when first signing up after deleting and reinstalling the service app on iOS (Apple), provided, that there is no email address linked to the account.

2. Restriction or Termination of Service by the Company

1. If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of AZAR and/or suspend Your account temporarily or permanently by restricting the receipt of gifted Items under Article 3, Chapter 6 or refusing to pay the revenue under Article 4, Chapter 6. To make the Company’s affiliates’ services safer, banned users’ information may be shared within our affiliates to allow us and any of the affiliates’ platforms to take the necessary actions against unsafe users, including terminating their account and/or preventing them from creating an account. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service:

1. If You commit any of the Prohibited Acts under Article 2, Chapter 4;
2. If any purchase of Products has been cancelled pursuant to Article 4, Section 2, Chapter 5;
3. If any investigation related to the use of AZAR is commenced against You;
4. If anyone who is not eligible or authorized to use Azar under these Terms use Azar; or
5. If the Company reasonably deems that You have otherwise committed an act that is immoral in light of social norm.

2. The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of AZAR).
3. The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to AZAR, if You have not logged on or accessed AZAR for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to AZAR. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.
4. You or Your legitimate representative (“Content Removal Requester”) may request the Company remove any content displayed on AZAR by other users that violates Your rights including public fame (or honour), or privacy, by providing the Company the proof of such violation. If the Company is unable to determine whether the subject content violates Your rights, or if a dispute between the parties is expected, the Company may take temporary measures to prevent anyone’s access to such content (“temporary measures”) for up to thirty (30) days.
5. If the Company takes the temporary measures to any content under Paragraph (d) above, the uploader of such content may request to restore the content to the Company (“Complaint Against Removal”) during the term of the temporary measures. The Company may take actions in accordance with the agreement between the parties, the court decision, the administrative order or any other decision of the pertinent government agencies submitted to the Company. If no Complaint Against Removal is submitted to the Company, the Company may delete the subject content after the term of temporary measures expires.
6. The Company may take temporary measures without a user’s request under Paragraph (d) above or a report from a third party if the Company determines that the content violates the rights, privacy or fame (honor) of a user or a third party at its discretion. In such a case, the temporary measures shall be taken in accordance with the procedures provided in Paragraphs (d) and (e).  

CHAPTER 9. Indemnification and Warranty Disclaimers

1. INDEMNIFICATION

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

1. AZAR is provided to You "AS IS" and "AS AVAILABLE" with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
2. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF AZAR, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by closing your account and uninstalling the AZAR App from Your Device or ceasing Your use of the same.
3. THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT AZAR AND/OR THE AZAR APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide AZAR to You.
4. THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH AZAR AND/OR THE AZAR APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

3. LIMITATION OF LIABILITY

1. EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF AZAR AND/OR THE AZAR APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
2. ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of AZAR; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.

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.

5. Waiver

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.

2. Headings

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.

4. Interpretation

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.

SUPPLEMENTARY TERMS

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.

1. U.S. SUPPLEMENTAL TERMS AND CONDITIONS

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.

2. Eligibility

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:

1. Products that are in the possession of any Users whose use of AZAR has been suspended due to a violation of these Terms or illegal acts;
2. Products which have been used in whole or in part;
3. Products that were purchased more than five (5) years ago;
4. Products that remain at the time of one (1) year from Your last use of AZAR;
5. Products that are in the possession of any Users who have terminated use of AZAR or removed the AZAR App; and
6. Products that were purchased by third parties as a result of theft or loss of Device or caused by Your careless including the situation as set forth in Article 1 (d), Section 2, Chapter 5.     

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.

6. Feedback

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:

• comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
• enforce these Terms;
• respond to claims that any content violates the rights of third parties; or
• protect the Company’s rights, property and/or the personal safety of the Company’s Users and/or the public.

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.

8. Copyright

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.

In the event Your Content is removed in response to a DMCA complaint, You will receive information on how to file a counter-notice. Notices described in this Section are legal notices separate from the Company’s regular activities or communications and are not subject to the Privacy Policy.

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.

• Arbitration Agreement. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of AZAR, or relating in any way to the communications between You and the Company or any other User of AZAR, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to You and the Company. However, this arbitration agreement does not (a) govern any Claim by the Company for infringement of its intellectual property or access to AZAR that is unauthorized or exceeds authorization granted in these Terms or (b) bar You from making use of applicable small claims court procedures in appropriate cases. If You are an individual, You may opt out of this arbitration agreement within thirty (30) days of the first of the date You access or use AZAR by following the procedure described below.

• You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

• The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)

• The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including without limitation any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

• The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

• If the value of Your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of Your claim or the relief sought was frivolous or brought for an improper purpose.

• If You do not want to arbitrate disputes with the Company and You are an individual, You may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date You access or use AZAR.

• CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

• If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial.

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.

12. Exports

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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• Terms of Service for Whom using Azar from the United States
• Terms of Service for Whom using Azar from Global
• Terms of Service for Whom using Azar from Japan
• Terms of Service for Whom using Azar from Singapore
• Terms of Service for Whom using Azar from the Republic of Korea
• Terms of Service for Whom using Azar from India