I．Agreement to Terms

These Terms of Use (collectively the "Terms") set forth the legally binding terms and conditions which are applicable to your use of any of the Applications ("App" or "Apps") from us .

  1. Please be reminded that the Terms constitute an agreement between you and us. Therefore, we encourage you to carefully familiarize yourself with the Terms. By installing, accessing or using the Apps you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by the Terms. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. Your use of the App constitutes your acceptance of the Terms. Consequently, if you do not accept or understand the Terms, please do not use, install, access or register with the App (including any software or application forming part of the App). If you do not agree to these Terms, you are not entitled to use the App, in which case you must promptly uninstall and delete all copies thereof.
  2. From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will provide notice of such changes by posting a notice inside the Application and updating the "Last Updated" date above. If you continue to use the App following such a posting, you accept any such change or modification.
  3. The rights granted to you in this Agreement are subject to the following restrictions:
    1. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances.
    2. Use, display, mirror or frame the App or any individual element within the App, our name, any our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
    3. Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;
    4. Attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the App or Content;
    6. Attempt to access or search the Site or Content or download Content from the App through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to App users;
    8. Use any meta tags or other hidden text or metadata utilizing a our trademark, logo URL or product name without our express written consent;
    9. Use the App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App or Content to send altered, deceptive or false source-identifying information;
    11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or Content;
    12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing us;
    13. Collect or store any personally identifiable information from the App from other users of the App without their express permission;
    14. Impersonate or misrepresent your affiliation with any person or entity;
    15. Violate any applicable law or regulation;
    16. Encourage or enable any other individual to do any of the foregoing.
  4. Modification We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site, the App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the App after we have posted modified Terms on the Site or the App, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the App anymore. Because our App is evolving over time we may change or discontinue all or any part of the App, at any time and without notice, at our sole discretion.
  5. Ownership Apps provided to you are licensed to you and not sold. We (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. Our name, logo, and the product names associated with the Apps belong to us (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Our (and its licensors, where applicable) reserve all rights not granted in this Agreement.

II．User Content

  1. Content
    (a) "Content" means text, graphics, patterns, images, software, photographs, drawings, paintings, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the App.
    (b) "User Content" means any Content that App users (including you) provide to be made available through the App.

    You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy. We’re not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

  2. Content Ownership, Responsibility and Removal We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and its licensors exclusively own all right, title and interest in and to the App and Content, including all associated intellectual property rights. You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the App.
  3. Rights in User Content Granted by You By making any User Content available through App you hereby grant to us and other App users a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the App and Content to you and to other users, including without limitation, allowing other App users to color your User Content using the App ("Recolored User Content") and to distribute, reproduce and publicly perform the Recolored User Content.

    You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the App, nor any use of your User Content by us or other App users on or through the App will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

    By using the App, you may be exposed to certain Content from other App users that could be offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any Content in connection with the App. You may notify us of any User Content that you believe violates these Terms by emailing us.

  4. Rights in Content Granted by Our App Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the App and solely for your personal and non-commercial purposes, including, without limitation, to allow you to create colored pictures, photos, patterns, paintings or drawings via the App and share them with other users or other third parties.

III. Feedback

We welcome feedback, comments and suggestions for improvements to the App ("Feedback").You grant to us a non-exclusive, worldwide, perpetual, irrevocable, free, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

IV. User responsibilities

When user use the applications, you're forbidden to upload, distribute, or otherwise use any User Content for any illegal or improper activity, including but not limited to the following :

  1. Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
  2. Tortious, trade libelous, defamatory, false, or intentionally misleading.
  3. That is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.
  4. That is harmful to minors in any way.
  5. That constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
  6. That violates of any law, regulation, or contractual obligations.
  7. Collect information or data regarding other users, including e-mail addresses, without their consent.
  8. Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

V. Copyright

You acknowledge that the App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Content, including User Content from other users. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the App.

VI. Enforcement

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.

VII. Term and Termination

  1. This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
  2. We respects copyright law and expects its users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the access of or remove from the App the content of users who repeatedly infringe the copyrights of others.
  3. Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, some of term in this Agreement will remain in effect.

VIII. Links to Third Party Websites or Resources

The App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

IX. Indemnity

You will indemnify and hold harmless to us from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with:

  1. Your access to or use of the App or Content.
  2. Your User Content.
  3. Your violation of these Terms.

X. Warranty Disclaimers

THE APP AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

XI. Others

  1. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  2. Your use of the App constitutes your acceptance of the Terms.
  3. We reserves all rights in the changing and explanation of the agreement.

If there’re some questions, please contact us on email : eyewind.cc@hotmail.com