3.
TECHNICAL
REQUIREMENTS
3.
1
The
Licensed
Application
requires
a
firmware
version
1.0.0
or
higher
.
Licensor
recommends
using
the
latest
version
of
the
firmware.
3.
2
Licensor
attempts
to
keep
the
Licensed
Application
updated
so
that
it
complies
with
modified/new
versions
of
the
firmware
and
new
hardware.
You
are
not
granted
rights
to
claim
such
an
update.
3.
3
You
acknowledge
that
it
is
Your
responsibility
to
confirm
and
determine
that
the
app
end-user
device
on
which
You
intend
to
use
the
Licensed
Application
satisfies
the
technical
specifications
mentioned
above.
3.
4
Licensor
reserves
the
right
to
modify
the
technical
specifications
as
it
sees
appropriate
at
any
time.
4.
MAINTENANCE AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and support
services for this Licensed Application. You can reach the Licensor at the email
address listed in the App Store
Overview for this Licensed Application.
4.2
ZALE
MART
LTD
and
the
End-User
acknowledge
that
the
Services
have
no
obligation
whatsoever
to
furnish
any
maintenance
and
support
services
with
respect
to
the
Licensed
Application.
5.
USE OF
DATA
You
acknowledge
that
Licensor
will
be
able
to
access
and
adjust
Your
downloaded
Licensed
Application
content
and
Your
personal
information,
and
that
Licensor's
use
of
such
material
and
information
is
subject
to
Your
legal
agreements
with
Licensor
and
Licensor's
privacy
policy
,
which
can
be
found
at
the
bottom
of
the
Licensed
Application
.
You acknowledge that the Licensor may periodically
collect and use technical data and related information about your device,
system, and application software, and peripherals, offer product support,
facilitate the software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to
you, as long as it is in a form that does not personally identify
you.
6.
USER-GENERATED
CONTRIBUTIONS
The
Licensed
Application
may
invite
you
to
chat,
contribute
to,
or
participate
in
blogs,
message
boards,
online
forums,
and
other
functionality,
and
may
provide
you
with
the
opportunity
to
create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to
us
or
in
the
Licensed
Application,
including
but
not
limited
to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or
other
material
(collectively,
"Contributions"
).
Contributions
may
be
viewable
by
other
users
of
the
Licensed
Application
and
through
third-party
websites
or
applications.
As
such,
any
Contributions
you
transmit
may
be
treated
as
non-confidential
and
non-proprietary.
When
you
create
or
make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are
the creator and owner of or have the necessary
licenses, rights, consents,
releases, and permissions to use and to
authorize us, the Licensed
Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
3. You have
the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or
unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third
party.
11. Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
13. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable
law or regulation.
Any use of the Licensed Application in violation of the
foregoing violates this License Agreement and may result in,
among other things, termination or suspension of your rights to use the Licensed
Application.
7.
CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any of your
social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store, cache,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media,
or technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place
them in more appropriate locations in the Licensed Application; and (3) to
prescreen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8.
LIABILITY
8
.1
Licensor's
responsibility
in
the
case
of
violation
of
obligations
and
tort
shall
be
limited
to
intent
and
gross
negligence.
Only
in
case
of
a
breach
of
essential
contractual
duties
(cardinal
obligations),
Licensor
shall
also
be
liable
in
case
of
slight
negligence.
In
any
case,
liability
shall
be
limited
to
the
foreseeable,
contractually
typical
damages.
The
limitation
mentioned
above
does
not
apply
to
injuries
to
life,
limb,
or
health.
8
.2
Licensor
takes
no
accountability
or
responsibility
for
any
damages
caused
due
to
a
breach
of
duties
according
to
Section
2
of
this
License
Agreement.
To
avoid
data
loss,
You
are
required
to
make
use
of
backup
functions
of
the
Licensed
Application
to
the
extent
allowed
by
applicable
third-party
terms
and
conditions
of
use.
You
are
aware
that
in
case
of
alterations
or
manipulations
of
the
Licensed
Application,
You
will
not
have
access
to
the
Licensed
Application.
9.
INAPPROPRIATE CONTENT AND MISCONDUCT
Eternal Bar does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct. We encourage you to report any inappropriate Content or misconduct by other users. You can report a user directly through the "Report" link on a user's profile or in the messaging experience. You may also contact Customer Support. We commit to reviewing and taking action on such reports within 24 hours. Actions may include deleting reported content and expelling users who provide objectionable content.
Block other users who engage in objectionable content or abusive behavior. You can block a user directly through the "Block" link on a user's profile or in the messaging experience. Once blocked, content from blocked users will be hidden from the interface. To access the block list, users can click on their ME icon, navigate to Settings, and view the Block List.
10.
WARRANTY
