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TERMS OF USE

  1. Your Relationship With Us

We’ve drafted these Terms of Service (the “Terms”) so you’ll know the rules that govern our relationship with you as a user of Zapshot (the “Service”), which is provided by PH7 Ltd. in the United States (collectively such entities will be referred to as “we” , “us”or “our”) .

The Terms govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may use the Services. 

The Terms form a legally binding agreement between you and us. 

The Service is not directed to children under 13 in the U.S., and under the applicable age of consent in other countries.

You agree that if you are under the age of 18 or whatever is the age of legal majority where the area to live in, you represent that your legal guardian has read, understood, and agreed to these

Terms.

 

   2. Accepting the Terms

You confirm that you accept and comply with the Terms and the Privacy Policy by using the Service.  

You can accept the Terms by using the Services. 

You understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.

 

   3. Changes to the Terms

We amend the Terms from time to time as needed. 

If You continue to use the Services after the date of the new Terms, you accept the new Terms.

 If you do not agree to the new Terms, you must stop using the Services.

 

    4. Data Protection and Privacy

Our Privacy Policy describes what information you share with us, when it is shared, and how we handle it when you use the Services. 

By using the Services you understand and consent that we must collect, use, store, process, share, and transfer this information to countries where we operate the Services and to partners who help us provide the Services.   

 

   5. Content

You are responsible for the Content(profile photos, photos, videos, voices, music, emojis, captions, comments, or messages, shared through the Services) you share through the Services including ensuring that you have the right to use the Content, and that it complies with laws, rules, regulations and the Term.

You own the Content you share through the Services and grant us a license to use the Content.

If you share Content that you do not have the right to use or that violates laws, rules, regulations, or the Term, we have the right to remove it.. 

We do not tolerate harassment, intimidation, defamation, threats, hateful content, child sexual exploitation, sexual abuse, promotion of suicide or self harm, intellectual property theft, or other illegal activities.

 

   6. Respecting our Rights

As between you and us, We are the owner of rights of the Services. The rights include all related brands, works of authorship, software, and other proprietary content, features, and technology.

You must respect our rights.  

If you do, attempt to do, enable, or encourage anyone else to do the followings, we terminate or suspend your use of the Services:

  • use branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials that we make available through the Services, except as expressly permitted by the terms or individually permitted by us;

  • violate or infringe our, our affiliates, or any other third party’s copyrights, trademarks, or other intellectual property rights, including by using the Services to submit, display, post, create, or generate any infringing content;

  • make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

  • create another account if we have already invalid your account, attempt to use the Services through unauthorized third-party applications, request login credentials from other users, or buy, sell, rent, or lease access to your account, or a username;

  • use any robot, or other automated means or interface to access the Services or extract other users’ information;

  • use or develop any third-party applications that operate with the Services or other users’ content or information without our written consent;

  • use the Services in a way 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;

  • upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;

  • 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;

  • probe, scan, or test the vulnerability of the Services or any system or network;

  • violate any applicable law or regulation in connection with your access to or use of the Services; or

  • use the Services in any way not expressly permitted by the Terms.

 

   7. Respecting Others' Rights

You could not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. 

You also agree that you will not use or attempt to use another user’s account except as permitted by us or its affiliates.

We honor copyright laws, including the Digital Millennium Copyright Act, and take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. 

If We become aware that a user has repeatedly infringed copyrights, we will take reasonable steps within our power to suspend or terminate the user’s account.

 

   8. Ending the Services

We may temporarily or permanently suspend your account and prevent your use of the Services if we have determined that you have shared Violative Content or used the Services in a way that violates another person’s rights, or does not comply with laws, rules, regulations or the Term.

You may appeal a suspension by contacting us through our support form. 

We may temporarily suspend your account in the event that we detect abnormal activity that could present technical or security risks or which may violate community-guidelines to you, other users or the Services. 

We will delete your account if it is inactive for more than 2 years. Before we do, we will let you know so that you can stop the deletion if you want.

 

   9. Limitation of Liability

By using the Services you agree that us, our affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence. 

 

   10. Third party services

The Service may contain services or content provided by third parties other than Rudel. Such third parties shall bear any and all responsibility regarding such services and/or content. Furthermore, there may be terms of use or other terms and conditions provided by such third party which are applicable to such services and Content.

 

   11. Indemnity

You agree, to the extent permitted by law,  to defend, indemnify, and hold harmless us, our parents, our subsidiaries, affiliates, officers, directors, employees, agents, and advisors from any demands, debts, costs, and expenses(including attorneys’ fees but not limited to), occurring as a result of violations by you or any user of your account of the Terms or occurring as a result of violations of your obligations, representation, and warranties under the Terms.


 

   12. Disclaimers 

The services are provided “as is” and “as available” and we make no warranty or representation to you with respect to them.

No conditions, warranties or other terms apply to the services except to the extent that they are expressly set out in the terms. 

We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice.

 

   13. Applicable law and jurisdiction

The Terms are governed by the laws of Japan.

You hereby irrevocably and unconditionally submits for itself and its property in any legal action or proceeding relating to or arising out of the term, or the conduct of any party with respect thereto, or for the recognition and enforcement of any judgment in respect thereof, to the exclusive jurisdiction of the Tokyo District Court and appellate courts thereof

 

   14. Class action waiver

To the fullest extent allowed by applicable law, you and we agree that each party may bring disputes against the other party only in an individual capacity, and not as a class action, collective action or class arbitration, or as a private attorney general.

 

   15. Miscellaneous

If any provision of these Terms, and/or Additional Terms is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms, and/or Additional Terms will remain in full force and effect.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect.

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Terms will be effective only if in writing and signed by us. The failure of the party to assert any right under these Terms shall not be considered a waiver of that party’s right will remain in full force and effect.

The Terms, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

The original English version of these Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

You are not allowed to assign the Terms or any rights hereunder. We are allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice to you.

 

   16. Contact or Questions

 If you have a question about the Terms or  the Services, you could contact us at :(info@ph7.ltd

 

 Last Updated: February 26, 2024

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