1. Your Agreement With SNOW Inc.
1) Applicable Law. Your relationship is with SNOW Inc., a United States company, and you agree to be bound by the laws of California without regard to the conflict of laws provisions thereof.
3. User Content
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. If “User Content” has been uploaded to ZEPETO, our staff is able to see it. We endeavor to keep your private Content private, but please keep in mind that no technology is 100% secure, and it is possible that unauthorized third parties could defeat our security measures and access your private Content. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that SNOW Inc. is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to ZEPETO, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, fully paid and royalty-free, sublicensable, and transferable license to use (including without limitation the use of facial images, photos or videos for the purpose of machine learning or other research and development activities of SNOW Inc. independently or jointly with its affiliates) reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content.
4. Community Guidelines
Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for ZEPETO users to be able to use our service safely and enjoyably.
Don’t send people messages they don’t want to receive―especially if the message is mean.
Be thoughtful about what you send a message and whom you send it to. It’s okay with us if someone takes a screenshot, but we can’t speak for you or your friends. ZEPETO attempts to detect screenshots and notify the sender, but it doesn’t always work perfectly - and your friend can always capture the image with a camera.
Keep it legal. Don’t use ZEPETO for any illegal shenanigans and if you’re under 18 or are messaging with someone who might be: keep your clothes on!
What not to send:
• Nudity or sexually suggestive content involving minors (people under the age of 18)
• Minors engaged in activities that are physically dangerous and harmful
• Invasions of privacy
• Harassment or Bullying
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using ZEPETO in the future. Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the ZEPETO user community. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation, at our own discretion.
You agree that any feedback, suggestions, ideas, or other information or materials regarding SNOW Inc. or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of SNOW Inc.. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
6. ZEPETO Content
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "ZEPETO Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of ZEPETO Content may violate such laws and these Terms. Except as expressly provided in these Terms, SNOW Inc. does not grant any express or implied rights to use ZEPETO Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, ZEPETO Content, the Services, or any related software, except as expressly stated in these Terms. You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and ZEPETO Content. This license is revocable at any time. This license is subject to these Terms and does not include:
· The distribution, public performance, or public display of ZEPETO Content;
· Modifying or otherwise making any derivative uses of the Services or ZEPETO Content, or any portion thereof;
· Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
· Downloading (other than page caching) any portion of the Services, ZEPETO Content, or any information contained therein, except as expressly permitted on the Services;
· Accessing the ZEPETO API with an unauthorized or third-party client; and
· Any use of the Services or ZEPETO Content other than for their intended purposes.
· Any use of the Services or ZEPETO Content other than as specifically authorized in these Terms, without the prior written permission of SNOW Inc., is strictly prohibited and will terminate the license to use SNOW Inc. granted in these Terms.
7. Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:
· Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
· Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
· Compromise the security of the Services;
· Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
· Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
· Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
· Use or attempt to use another user’s account without authorization;
· Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
· Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
· Engage in any harassing, intimidating, predatory, or stalking conduct;
· Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
· Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
· Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your ZEPETO account, messages, a ZEPETO username, or a friend link without ZEPETO’s prior written consent;
· Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
· Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of ZEPETO, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting ZEPETO usernames in app store reviews is strictly prohibited and may result in us deleting your ZEPETO account.
8. Your License To Use the Services
SNOW Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SNOW Inc. as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SNOW Inc., in the manner permitted by these Terms.
1) Account Information. You need to create an account on ZEPETO with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to SNOW Inc. for all activities that occur via your account.
9. SNOW Inc. Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SNOW Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SNOW Inc. name or any of the SNOW Inc. trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SNOW Inc., or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Copyright Policy
SNOW Inc. respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SNOW Inc. will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
575 High Street,
Suite 110 Palo Alto, CA 94301
11. Our Disclaimer of Warranties.
1) You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
2) Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your Content.
3) Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, WEBSITE, APPLICATION AND CONTENT AND SNOW Inc. MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
12. Our Limitation of Liability.
Except where prohibited by law, in no event will SNOW Inc. or the SNOW Inc. OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS(“SNOW Inc. Parties”) be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if SNOW Inc. has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against SNOW Inc. for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, SNOW Inc. is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, SNOW Inc.’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
13. Settling Disputes with SNOW Inc.
1) Any dispute you have with SNOW Inc. must be resolved by you in a court located in Santa Clara County, California, unless otherwise agreed in writing. You agree to the personal jurisdiction of the federal and state courts located in Orange County, California.
2) Disclaimer: You and SNOW Inc. each disclaim the U.N. Convention on Contracts for the International Sale of Goods. We both agree it does not apply to the Services.
1) You can stop using our Services at any time.
2) We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.
3). In addition, termination of your account does not relieve you of any payment obligations.
4) If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content.
15. General Terms
1) Export Control. You acknowledge that the Service, and your use and handling of the Service, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and SNOW Inc. Content. You agree to comply with all such laws, restrictions, and regulations.
2) English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
3) Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.
4) No Waiver: If we don’t enforce (or we delay enforcement) of the Terms against you, we haven’t waived our enforcement rights.
5) Assignment or Transfer: You can’t assign or transfer your rights or obligations under this agreement to someone else without SNOW Inc.’s written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
6) Entire Agreement. These Terms are the entire and exclusive agreement between SNOW Inc. and you regarding the Services, and these Terms supersede and replace any prior agreements between SNOW Inc. and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across its page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: April 16, 2018