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Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (\u201cStandard EULA\u201d), or a custom end user license agreement between you and the Application Provider (\u201cCustom EULA\u201d), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the \u201cLicensed Application.\u201d The Application Provider or Apple as applicable (\u201cLicensor\u201d) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.<\/p>\n
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If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.<\/p>\n
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Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.<\/p>\n
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PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.<\/p>\n
Effective date: 1st November 2020<\/p>\n
Welcome to THE ZENSORY! Please read on to learn the rules and restrictions that govern your use of each of the applications (the \u201cApps\u201d), website(s) (including thezensory.com<\/a>, the \u201cWebsite\u201d), products and services (collectively with the Apps and Website, the \u201cServices\u201d) operated by The Zensory Ltd. (\u201cThe Zensory\u201d, \u201cwe\u201d, \u201cus\u201d and \u201cour\u201d). If you have any questions, comments, or concerns regarding these Terms of Service or the Services generally, please contact us at hello@thezensory.com.<\/p>\n These Terms of Use (the \u201cTerms\u201d) are a binding contract between you and The Zensory. You must agree to and accept all of the Terms, or you don\u2019t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy<\/a>.<\/p>\n ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.<\/p>\n Will these Terms ever change?<\/p>\n We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice in the Apps, on the Website and\/or by some other means.<\/p>\n If you don\u2019t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.<\/p>\n Except for changes made by The Zensory as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.<\/p>\n What about my privacy?<\/p>\n The Zensory takes the privacy of its users very seriously. For the current Privacy Policy<\/a>, please click here<\/a>.<\/p>\n The Children\u2019s Online Privacy Protection Act (\u201cCOPPA\u201d) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at hello@thezensory.com. Please note that if you are located in the European Union, we do not knowingly collect or solicit personally identifiable information from children under 16, so if you are a child under 16 and you are located in the European Union, you should not attempt to register for the Services or send us any personal information.<\/p>\n What are the basics of using the Services?<\/p>\n You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you\u2019ve received your parent\u2019s or guardian\u2019s permission to use the Services and your parent or guardian have agreed to these Terms on your behalf).<\/p>\n You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren\u2019t authorised to use the Services. We can\u2019t and won\u2019t be responsible for your using the Services in a way that breaks the law.<\/p>\n Your use of the Services is subject to the following additional restrictions:<\/p>\n You represent, warrant, and agree that you will not contribute any User Submission (as defined below) or otherwise use the Services or interact with the Services in a manner that:<\/p>\n A violation of any of the foregoing is grounds for termination of your right to use or access the Services.<\/p>\n What are my rights in the Services?<\/p>\n The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, wallpapers, User Submissions, and so forth (all of the foregoing, the \u201cContent\u201d) are protected by copyright and\/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won\u2019t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialise or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else\u2019s (including The Zensorys\u2019) rights.<\/p>\n You understand that The Zensory owns the Services. You won\u2019t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.<\/p>\n The Website allows you to copy or download certain Content; please remember that just because this functionality exists, doesn\u2019t mean that all the restrictions above don\u2019t apply \u2013 they do!<\/p>\n Do I have to grant any licenses to The Zensory or to other users?<\/p>\n Anything you post, upload, share, store, or otherwise provide through the Services, including any username you may display in any Apps, is your \u201cUser Submission.\u201d By submitting any User Submission through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the User Submission in connection with the Services and our (and our successors\u2019 and assigns\u2019) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. To the extent your User Submissions are also your personally identifiable information, all of the following licenses are subject to our Privacy Policy<\/a>. For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You are solely responsible for your use of the Services, for any User Submissions you post to the Services, and for any consequences thereof.<\/p>\n Finally, you understand and agree that The Zensory, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media, and the foregoing licenses include the rights to do so.<\/p>\n Who is responsible for what I see and do on the Services?<\/p>\n Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren\u2019t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can\u2019t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.<\/p>\n You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.<\/p>\n The Services may contain links or connections to third-party websites or services that are not owned or controlled by The Zensory. When you access third party websites or use third-party services, you accept that there are risks in doing so and that The Zensory is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise.<\/p>\n The Zensory has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, The Zensory will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.<\/p>\n If there is a dispute between users and any third party, you agree that The Zensory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release The Zensory, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and\/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: \u201cA general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.\u201d<\/p>\n Will The Zensory ever change the Services?<\/p>\n We\u2019re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We\u2019ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn\u2019t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.<\/p>\n Do the Services cost anything?<\/p>\n Our Apps are currently free, but you may purchase extra lives, tools, and other features (collectively, \u201cFeatures\u201d) that can be used in the Apps by providing billing authorisation through the platform in which you are using the Apps (e.g., Apple, Amazon and Google). Purchases will be subject to those platforms\u2019 payment terms and conditions. The Zensory does not control how you can pay or how any refunds may be issued on those platforms. Please review those platforms\u2019 terms of service for additional information.<\/p>\n ALL SALES ARE FINAL:<\/p>\n YOU ACKNOWLEDGE THAT THE ZENSORY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED FEATURES WHEN YOU DELETE THE APP, WHETHER SUCH DELETION WAS VOLUNTARY OR INVOLUNTARY, AND REGARDLESS OF WHICH PLATFORM ON WHICH YOU ARE USING THE APPS, INCLUDING APPLE, GOOGLE, AMAZON, OR ANY OTHER SITES OR PLATFORMS WHERE WE MAY OFFER OUR SERVICES IN THE FUTURE.<\/p>\n What if I want to stop using the Services?<\/p>\n\n