Relonch Service Agreement
Relonch, Inc. («Relonch,» «we,» «us» or «our») is pleased to provide you access to, and use services, software, websites, applications, and content (collectively, the «Services») to process photos and other materials (Content). These Agreement apply to your access to Services. These Agreement do not alter in any way the Agreement of any other agreement you may have with Relonch for products, services or otherwise
Relonch reserves the right to change or modify these Agreement on a going forward basis at any time and in our sole discretion.
The Services are intended solely for users who are 13 or older. Any registration for, or use of, the Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Agreement.
You retain all of your ownership rights in your Content, but you are required to grant limited license rights to Relonch. When you upload Content to App, you grant to Relonch, a worldwide, non-exclusive, royalty-free license to prepare derivative works of that Content in connection with the provision of the Service.
You understand and agree that you are solely responsible for your own Content and the consequences of editing it. Relonch does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Relonch expressly disclaims any and all liability in connection with Content.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Relonch to use your Content for the purposes of the provision of the Service by Relonch, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You agree that your conduct on the App will comply with (and you agree that the content of all of your Content shall comply with) the Terms, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and © your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit Relonch or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless Relonch and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms.
You agree that you will not upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Relonch to use or possess in connection with the provision of the Service.
You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to process the material in question and to grant Relonch the license mentioned above.
Certain products or services offered on or through the Service may be provided for a fee or other charge. If you elect to purchase one of our subscription offerings, by purchasing such offering, you authorize App Store (Apple iTunes Store or another one) to charge you a subscription fee at the then-current rate, and any other charges that you may incur in connection with your use of the Service. Apple iTunes subscriptions can be managed from a mobile device that uses the same Apple ID as the initial purchase. The subscription fee will be billed at the beginning of the paying portion of your subscription and at regular intervals thereafter equal to the length of your subscription unless and until you cancel your subscription. Subscription fees are earned upon payment. We reserve the right to change the timing of our billing, including but not limited to if your payment method has been rejected or is otherwise not successfully settled. Your renewal date may change due to changes in your subscription.
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.
THE SERVICES ARE PROVIDED «AS IS» AND «AS AVAILABLE». RELONCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RELONCH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
RELONCH SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF A RELONCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RELONCH PARTIES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE AGREEMENT, NOTHING IN THESE AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ITEMS FAILURE.