I. NOTICE TO THE USER
It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.
II.GRANT OF LICENSE
Subject to your compliance with the Terms of the Agreement, COOL SUMMER grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to access, download and install the most current generally available version of the COOL SUMMER App on a single, authorized mobile device that you own or control solely for your lawful, personal, as an end-user, and non-commercial use.
III. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT
INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APP: You may use the App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App.
By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App's source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “App License”).
You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content. Before you upload your Input Content make sure that:
- the image belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the App;
- the image is legally and socially acceptable and does not go against public order;
- the image does not infringe any third party’s rights, including the copyright and the right to privacy.
Note that a set of prohibitions and restrictions apply with respect to both Input and Output Content.
IV. PROHIBITED BEHAVIOUR
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Additional restrictions related to the use of the AI models in the App.
In addition, you agree not to use the App and/or User Content:
- In any way that violates any applicable national, federal, state, local or international law or regulation;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
- To generate or disseminate verifiably false information and/or content with the purpose of harming others;
- To generate or disseminate personal identifiable information that can be used to harm an individual;
- To defame, disparage or otherwise harass others;
- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
- To provide medical advice and medical results interpretation;
- To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.
Prohibition of objectionable User Content.
It is strictly prohibited to upload, enter, create, generate, use, share, distribute or otherwise exploit any User Content that:
- is or may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages anyone to violate any local, state, national or international law;
- can abuse, harass, humiliate or intimidate any person or group;
- advocates, supports, promotes and/or assists discrimination based on any ground including but not limited to race, sex, religion, nationality, sexual orientation, disability, age;
- infringes any third party's copyright, patent, trademark, trade dress, trade secret or other intellectual property right(s) and/or publicity rights, and/or the right to privacy;
- demonstrates, promotes, depicts and/or incites crimes, offenses and/or violent acts;
- contains any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material;
- encourages illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;
- breaches your contractual or fiduciary obligation(s) owed to a third party;
- otherwise violates any applicable law, rule, regulation or statute.
Representations and warranties with respect to the Input Content uploaded by a user to the App.
By uploading, submitting any Input Content to the App you represent, warrant and undertake to us the following:
- you are the author and/or exclusive copyright holder of all Input Content that you upload, submit via the App or you have obtained all necessary rights and permissions of the relevant owner of such content so that you have all relevant rights in your Input Content to enable you to use it within the App according to the terms of present Agreement;
- you have not licensed any rights in your Input Content that will be in conflict with your use of the App according to this Agreement;
- you have obtained permission for you to use and for us to use the image and likeness of each individual contained in the Input Content in accordance with the terms of this Agreement;
- your Input Content does not contain any third party materials that you do not have permission to use;
- your Input Content does not contain visible trademarks or you have appropriate permissions to use such trademarks as part of your Input Content within the limits prescribed by the present Agreement.
Note that it is also strictly prohibited to upload, submit any Input Content that contains child photos, images or likeness.
If the image of property is contained in your Input Content you represent and warrant that you have all appropriate permissions from the owners of such property to upload, submit such Input Content via the App and use it according to the terms of the present Agreement.
Other general restrictions and terms related to the use of the App.
You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the App or any documentation related to it.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy, duplicate, distribute, publish, use any content of the App, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.
You shall not make any attempts to use the App or part thereof for malicious intentions.
We are not responsible for the way you use the App.
We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputes arising from the usage of the App, shall be governed by and construed in accordance with the laws of the State of New York, United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, USA.
V. DISCLAIMER OF WARRANTIES
You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app are provided “as is” and “as available”. We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, products or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components. We are not responsible for breaches of individual’s privacy as a result of your misuse of the app. You are solely responsible for obtaining a person’s consent for tracking within the app and guarantee that such consent is voluntary, explicit and unambiguous.
We do not give you any guarantee for the proper functionality of the App.
We assume no liability or responsibility for any kind of violation arising from your use of the app, including any breach of intellectual property rights of third parties, or due to any unauthorized access or other illegal actions by any third party.
VI. LIMITATION OF LIABILITY
In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the app and services provided by the app. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by any third-parties and accessed through the app or by any other means. You also specifically acknowledge that we are not liable for costs or damages arising out of private or governmental legal actions related to your use of any of the app and its services in any country.
You also acknowledge and agree that your any use of the App or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the App and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the App, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.