Design. Develop. Future.
End User License Agreement
Last Update at July 2, 2017
PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY INK DESIGN APPS AND SERVICES.
INDEX OF CONTENTS:
2. Age Limitations
3. Grant of a Limited License to Use Services and Apps
4. Descriptions and License Limitations
5. INK Design App Functions
6. Third-Party Partners
7. Data Security
8. Registration Process and Passwords
9. Removal of an INK Design App
10. Consent to Use of Data
11. Intellectual Property
12. Copyright Issues, Submissions
13. Termination of Agreement
14. Disclaimer of Warranty
15. Limitation of Liability
17. Export Controls
18. Jurisdictional Issues
19. Contact Info
20. Supplemental Terms
INK Design is provide you its “INK Design” branded mobile applications and any and all related documentation (each, an “INK Design App“, the “INK Design Services” and collectively, the “INK Design Apps“) a list of which is available at www.inkdesign.co.
For purposes of this EULA “Software” means all software programs distributed, published or otherwise made available by INK Design or its affiliates including, but not limited to mobile apps and apps accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by INK Design, including but not limited to services accessed through INK Design Apps, by means of a browser or by other online communication method.
Software and Services are also collectively referred to as “INK Design Apps”.
THE INK DESIGN APPS ARE LICENSED, NOT SOLD. YOUR USE OF THE INK DESIGN APPS (AS SPECIFIED BELOW) ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE INK DESIGN APPS OR ANY MATERIALS INCLUDED IN OR WITH THE INK DESIGN SERVICES, YOU HEREBY ACCEPT THE TERMS OF THIS EULA.
If you do not accept the terms of this EULA, do not install, use or access the INK Design Apps and services.
By installing or otherwise using the INK Design Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the INK Design App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any INK Design App updates, supplements, and services that are not provided under a separate license or other agreement with us. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the INK Design App shall constitute reasonable means. Your continued use of the INK Design Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the INK Design Apps and services. If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected]. Do not use the INK Design Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
By registering for an account or otherwise use some of the INK Design Apps, you represent that you are age 13 or older and you understand and agree to this EULA. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this EULA.
ATTENTION TO PARENTS: By granting your child permission to download and access an INK Design App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children’s online activities. If you do not agree to this EULA, do not let your child use the INK Design Apps or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the INK Design Apps, please contact us at [email protected].
Subject to your agreement and continuing compliance with these EULA and any other relevant INK Design policies, INK Design grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use INK Design Apps for your own non-commercial entertainment purposes. You agree not to use INK Design Apps for any other purpose.
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the INK Design Apps or use the INK Design Apps for the benefit of any third party. Unless expressly authorized by INK Design or permitted under the applicable mobile platform terms, you are prohibited from making the INK Design Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the INK Design Apps, except to remove our INK Design Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any INK Design Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any INK Design Apps in any way. You do not have the right to and may not create derivative works of any INK Design Apps or any portions thereof. All modifications or enhancements to the INK Design Apps remain the sole property of INK Design.
INK Design reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of this EULA. INK Design reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the INK Design Apps in whole or in part.
4.2. INK Design Apps Updates
We reserve the right to add or remove features or functions to existing INK Design Apps. When installed on your mobile device, the INK Design Apps periodically communicate with our servers. We may require the updating of the INK Design Apps on your mobile device when we release a new version of the INK Design Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the INK Design Apps. You acknowledge and agree that any obligation we may have to support previous versions of the INK Design Apps may be ended upon the availability of updates, supplements or subsequent versions of the INK Design Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the INK Design Apps.
You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the INK Design Apps. If you access an INK Design App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the INK Design Apps from your device. Downloading, installing or using certain INK Design Apps may be prohibited or restricted by your network provider and not all INK Design Apps may work with your network provider or device. INK Design makes no representation that the INK Design Apps can be accessed on all devices or wireless service plans. INK Design makes no representation that the INK Design Apps are available in all languages or that the INK Design Apps are appropriate or available for use in any particular location.
4.4. Purchases and Cancellation Rights
Certain INK Design Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an INK Design App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner’s terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
4.5. Subscription Services
Certain INK Design Apps on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 (“Trial Periods“) for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“Purchases & Cancellation Rights“) for further information.
4.6. Virtual Products in the App Environment
In the some of INK Design apps you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, diamonds or coins and (b) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the INK Design apps, and not in any other way.
INK Design may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. INK Design shall have no liability to you or any third party in the event that INK Design exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the INK Design apps. Other than as expressly authorized in the INK Design apps, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to INK Design, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH INK DESIGN APPS ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in INK Design apps is a service provided by INK Design that commences immediately upon acceptance by INK Design of your purchase.
INK Design Apps allow you to enjoy various features, functionalities and services, which may change from time to time (collectively, the “INK Design App Functions“). The INK Design App Functions are provided by INK Design and third party suppliers who offer content and/or services in conjunction with or through the INK Design Apps (the “Third Party Partners“). INK Design App Functions may provide you with location data for basic navigational purposes only and are not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither INK Design, nor any of its Third Party Partners, guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any INK Design App.
6.1. Third-Party Services and Content
The INK Design Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an INK Design App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. INK Design Apps may provide access or links to Third Party Partner websites or resources. INK Design has no control over such websites and resources, and you acknowledge and agree that INK Design is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that INK Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. INK Design will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
6.2. Access to Third-Party Services and Content through INK Design Apps
All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content“) made available or accessible through an INK Design App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an INK Design App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will INK Design be liable in any way for any Content created by or originating with entities other than INK Design, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an INK Design App.
INK Design Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the INK Design Apps and any information you download or offer to share by means of an INK Design App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that INK Design shall not be liable for any unauthorized access to your mobile device or the app data thereon.
Most INK Design Apps will not require a registration: however, some INK Design Apps may permit or require you to create an account to participate or access additional features or functionalities (“Registration“). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner’s website for their policies.
You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of INK Design Apps, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
8.3. Provided Information
Uninstallation and removal methods vary depending on your device. To uninstall and remove the INK Design Apps, please use the application manager provided with your device or consult your device manual for reference.
The INK Design Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by INK Design are INK Design’s property or the property of INK Design’s licensors, and are protected by Turkey’s and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the INK Design Apps. All rights not expressly granted hereunder are expressly reserved to INK Design and its licensors.
The INK Design and INK Design names, logos and affiliated properties, are the exclusive property of INK Design or its affiliates. All other trademarks appearing on any INK Design App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an INK Design App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
You are solely responsible for any Content you contribute, submit or display on or through your use of the INK Design App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
INK Design respects and expects its users to respect the rights of copyright holders. On notice, INK Design will act appropriately to remove content that infringes the copyright rights of others. INK Design reserves the right to disable the access to INK Design Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an INK Design App, or elements, infringe your copyright rights, please contact us at:
Please ensure your communication includes the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the INK Design App;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12.3. Objectionable Content
The decision to remove Objectionable Content will be made at INK Design’s sole discretion. “Objectionable Content” includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
- Content that may harm minors in any way;
- Content that has the goal or effect of “stalking” or otherwise harassing another,
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy;
- Content that is vulgar, offensive, obscene or pornographic,
- Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
12.4. Content Screening and Disclosure
We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the INK Design Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of INK Design, its users, or members of the public or (v) to report a crime or other offensive behaviour.
12.5. Ownership of Content You Submit
Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the INK Design Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the INK Design Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of INK Design. None of the Submissions shall be subject to any obligation of confidence on the part of INK Design, and INK Design shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, INK Design shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to INK Design all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of INK Design and its assignees, licensees and designees.
12.6. Repeat Infringer Policy
INK Design may terminate a user’s access to the INK Design App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
12.7. No Intended Third Party Beneficiaries
Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from INK Design if you fail to comply with any of the terms and conditions of this EULA. You understand that INK Design, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any INK Design Apps at any time. Further, INK Design, with or without any reason, may at any time suspend or terminate any license hereunder and disable the INK Design Apps or any of its component features. You agree that INK Design shall not be liable to you or any third-party for any termination or disabling of the INK Design Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the INK Design Apps and destroy all copies of INK Design Apps in your possession or control. Termination will not limit any of INK Design’s other rights or remedies at law or in equity. Sections 10-19, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
WITHOUT LIMITING INK DESIGN’S LIABILITY UNDER SECTION 15 BELOW, THE INK DESIGN APPS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. INK DESIGN DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE INK DESIGN APPS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE INK DESIGN APPS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE INK DESIGN APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE INK DESIGN APPS REMAINS SOLELY WITH YOU.
INK DESIGN EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NOTICE REGARDING CALL RECORDING FEATURE: Certain INK Design Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal Turkey’s or international laws prohibit the recording of a call without all parties’ consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent.
IN NO EVENT SHALL INK DESIGN BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL, TURKEY’S OR INTERNATIONAL LAWS REGARDING CALL RECORDING.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE INK DESIGN APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD INK DESIGN HARMLESS FROM ANY CLAIM, DEMAND, DAMAGES OR OTHER LOSSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD-PARTY RESULTING FROM OR ARISING OUT OF YOUR USE OF APPS AND SERVICES, OR ANY BREACH BY YOU OF THESE TERMS OF APPS AND SERVICES, HOWEVER THE FOREGOING DOES NOT APPLY IF THE INFRINGEMENT OF RIGHTS IS NOT ATTRIBUTABLE TO YOUR INTENTIONAL OR NEGLIGENT BEHAVIOR.
The INK Design Apps and the underlying information and technology are subject to Turkey’s and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
INK Design does not represent or warrant that the INK Design Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the INK Design Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Turkey, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) of the INK Design Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Turkey, with respect to all matters arising out of or relating to this EULA.
No failure or delay by INK Design in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INK DESIGN APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions about this EULA, please contact us by email as follows:
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of INK Design Apps, as applicable:
Apple App Store: By accessing the INK Design App through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:
a. This EULA is between INK Design and you; Apple is not a party to this EULA.
b. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the INK Design App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
c. Apple is not responsible for INK Design App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the INK Design App.
d. In the event of any failure of the INK Design App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the INK Design App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the INK Design App.
e. Apple is not responsible for addressing any claims by you or a third party relating to the INK Design App or your possession or use of the INK Design App, including without limitation (a) product liability claims; (b) any claim that the INK Design App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
f. In the event of any third party claim that the INK Design App or your possession and use of the INK Design App infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
g. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
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