using the App, you agree to these terms. If you do not agree to these terms, do not use the App.
against each other are resolved (see section 9 below), including an agreement and obligation to arbitrate disputes, which will,
subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in
accordance with section 9.3(e). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on
an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek
relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. DESCRIPTION OF APP; ELIGIBILITY
1.1 Description of App. Taku is where friends and communication comes together! You have the opportunity to express yourself
by sending messages using images. Your use of this App grants Zicon access to your camera roll, video library, or photo library
on your phone, computer, or other electronic device.
1.2 Eligibility. By using the app, you are telling us that you are 13 years of age or older and your use of the app does not violate
applicable laws or regulations.
2. MODFICATIONS TO TERMS
incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting a notice to
the Site and requiring that you first click on a button indicating that you agree to the Terms, before using Taku. Anytime that you
click on the button to access Taku, will constitute that you have agreed to be bound by our Terms, you agree to be bound by our
3. MODIFICATIONS TO SERVICE. We reserve the right to modify or discontinue,
and restrict or block access to, the App without notice to you. We may modify or remove any Content from the App at any time
without notice to you.
4. POSTING CONTENT ON THE APP; REPRESENTATIONS AND WARRANTIES
4.1 Content protected by Intellectual Property Rights. Any content available through the application, including text, video, audio,
pictures, graphics, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the
intellectual property rights of Zicon or its licensors.
4.2 Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any of your own Content on the
Application, you warrant and represent that:
(a) you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant Zicon the rights
described in these Terms;
(b) you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your
(c) you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person
(including consent from parents or guardians for anyone under the age of eighteen (18) ) who appears and/or is heard in
your Content to grant the rights to Zicon described in these Terms; and
(d) your Content is not defamatory, does not infringe the Intellectual Property rights, privacy, rights to publicity or any other
legal or moral rights of any third party.
4.3 Establishing an Account to Post Content. To post Content using the App, you may be asked to first complete the Site
registration process to create an account with a user name and password (the “Account”). You may not share your password with
anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must
always provide accurate current and complete information to Zicon to use the App. You must update such information in a timely
manner to maintain its accuracy and completeness. Any use of the App through your Account will be deemed as being used by you.
Zicon is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-
transferrable and non-assignable.
5. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
5.1 Ownership of Your Content. You retain ownership of your rights in any Content you post to the App, subject to the non-
exclusive rights that you grant to us as described in these Terms. This paragraph applies only to the content that you upload while
using the App.
5.2 Your License to Zicon. You hereby grant Zicon a worldwide, royalty-free, freely transferable, freely licensable sublicensable
(through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and
display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of
the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have
in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username
and your actual name (according to the preferences you select).
5.3 Your Right to Terminate the License. Your may remove or modify Content that you post on the Site. If, prior to such removal
or modification, Zicon has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing
such Content (e.g., in advertising, promotion or otherwise), then Zicon has a limited right to continue to distribute those materials. If
you want Zicon to stop distributing the materials, simply send us written notice to stop distributing such materials, in which event we
will stop distributing the materials within thirty (30) days. Your notice must be signed by you, include your telephone number and
email address, and be sent by first class mail, postage prepaid, to Zicon Enterprises, L.L.C. 13547 Ventura Boulevard #193 Sherman
Oaks, CA 91423, Attn: Copyright Agent. In addition, the notice must clearly identify the Content at issue, describe the specific use of
the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information
in the notice is true and correct. The thirty-day period for Zicon to stop distributing your Content begins only once Zicon has received
a notice complying with the requirements of this Section 5.2.
6. PROHIBITED CONTENT. Using the App, you must not post any Content that, as
reasonably determined by Zicon, is or appears to be:
(a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or
protected data, hateful, or racially or otherwise objectionable;
(b) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of
publicity, including any Content that is the subject of any claim of infringement;
(c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary
and confidential information;
(d) unsolicited, undisclosed or unauthorized advertising;
(e) 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;
(f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
(g) in violation of any applicable local, state, national or international law (including export laws).
7. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM
8.1 Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Zicon, subject to
(a) access or use the App in any way that is not in compliance with any applicable local,
state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a
tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(b) access, tamper with, or use services or areas of the App that you are not authorized to
(c) alter information on or obtained from the App;
(d) tamper with postings, registration information, profiles, submissions or Content
belonging to Zicon or other users of Zicon;
(e) Use any robot, spider, scraper or other automated means or interface not provided by
us to access the App or extract data or gather or use information, such as email addresses, available from the App or transmit any
unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(f) frame any part of the App, or link to the App, or otherwise make it look like you have
a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Zicon;
(g) impersonate or misrepresent your affiliation with any person or entity;
(h) reverse engineer any licensed software, application, games or any other aspect of the
App or do anything that might discover source code, or bypass circumvent measures employed to prevent or limit access to any area,
content or code of the App;
(i) send to or otherwise impact us or the App (or anything or anyone else) with harmful,
illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the App or any
(j) take any action which impose a significant burden (as determined by us) on the App’s
infrastructure or computer systems, or otherwise interfere with the ordinary operation of the App.
8.2 Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL ELECTRONIC MAIL (“EMAIL”) OR
ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER
COMMUNICATION”) THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED
SUBSTANTIAL HARM TO ZICON, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO
ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH
UNSOLICITED EMAIL OR OTHER COMMUNICATION.
8. MONITORING OF SERVICE CONTENT; RESOLUTION OF DISPUTES
9.1 No Duty to Monitor. We are under no obligation to restrict or monitor App Content in any way. ZICON DOES NOT
REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or
remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or
made available by third parties, including other users, are those of the respective author(s) and not of Zicon. Zicon neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the App.
9.2 Right to Resolve Disputes. Zicon has the right but not the obligation to resolve disputes between users relating to the App and
Zicon’s resolution of a particular dispute does not create an obligation to resolve any other dispute. Zicon’s resolution of any dispute
is final with respect to the App.
9.3 Arbitration and Dispute Resolution Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a
(a) Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding
your use of the App. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any
dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to
either party initiating a lawsuit or arbitration.
Lawsuit in Court
(b) Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from
the time informal dispute resolution is pursued pursuant to section 9.3(a) above, then either party may initiate binding arbitration. All
claims arising out of or relating to this agreement (including formation, performance and breach), the parties’ relationship with each
other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association
on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for
consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or
permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not
limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever
relief would be available in a court under law or equity. The arbitrator’s award shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the
Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING
THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST
OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD
BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL
MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATION FINDS
THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR
FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION
RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT
TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES,
THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY
MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(c) Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action
or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or
unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section
9.3(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration,
either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
(e) 30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions
set forth in sections 9.3(b), 9.3(c), and 9.3(d) by sending written notice of your decision to opt-out to the following address: 13547
Ventura Blvd. #193 Sherman Oaks, CA 91423 or email [email protected] The notice must be sent within thirty (30) days of
registering to use the App, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you
opt-out of these arbitration provisions, they also will not bind us.
(f) Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 9.3(b) do not apply, the parties
agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except
for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive
litigation in Los Angeles, California for any litigation other than small claims court actions.
9. PROTECTION OF CONTENT
(a) License by Zicon to You. You must respect the intellectual property laws protecting
our App. Zicon grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Zicon has
in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
(b) Downloadable Software. Some applications available require that you download
software from the Site (the “Software”) onto your computer, cellular phone, or other electronic device. When you download the
Software, subject to your compliance with any purchase pathway for the Software, Zicon grants you a limited, non-transferable, non-
sublicensable, non-exclusive license, under the rights Zicon has in the software, to download, privately display and perform one copy
of the Software on your computer, cellular phone, or electronic device for your own personal, noncommercial purposes. Various
technologies may not be consistent across all platforms and the performance and some features offered by Zicon may vary depending
on your computer, cellular phone, or electronic device that you use.
(c) Reservation of Rights. On its own behalf and the behalf of its licensors, Zicon reserves all rights in the Content, including the
Software, not expressly granted in this section 10. Zicon does not in any way grant any other rights to you. Except as expressly stated
in this Section 10, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content,
including any Software, without prior written consent from Zicon or other third-party owner of the rights in that Content (if any).
and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the
11. TERMINATION OR CANCELLATION
(a) Right to Terminate. We may, at any time, without notice to you, terminate your
access to the App, and your Account, or block your access to the App if we believe in our sole discretion that you may have violated
these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Zicon,
our users, or any other person.
(b) Notice of Termination. If applicable law requires us to provide notice of termination
or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email
or otherwise) that we have for you in our records.
(c) Effect of Termination. Upon termination of your Account or the App, your
agreement with Zicon pursuant to these Terms will also terminate, except that the following provisions survive the termination:
Section 4 “Posting Content on the Service; Representations and Warranties,” Section 5 “Ownership of Rights; License Rights; User
Submissions,” Section 10 “Protection of Content,” Section 14 “Indemnification,” Section 15 “Disclaimer of Warranties,” Section 16
access to the App is terminated, you may no longer have access to the Content you posted using the App.
12. DEALING WITH MERCHANTS; LINKS
(a) Advertisements and Links. The App may contain advertisements, offers, or other links to Web sites of third parties that we do
not control. Advertisements and other information provided by third parties may not be wholly accurate. Zicon is not responsible or
liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such
sites. The inclusion of any link on the App does not imply that we endorse the linked site. You use the links at your own risk.
to any personal information you supply.
(b) Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found
on or through the App, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of
related goods or services, are solely between you and such merchant or advertiser.
13. INDEMNIFICATION. You agree to hold Zicon, and its subsidiaries, affiliates,
officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the
“Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including
reasonable attorney’s fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the games,
software, and other aspects of the App and the Content; (ii) your violation of these Terms, and any applicable law or the rights of
another person or party; (iii) any dispute you have with any user of the App and any dispute you have related to any merchant or
advertising found on or through the App; (iv) Zicon’s resolution (if any) of any dispute you have with any user of the App; (v) your
improper authorization for Zicon to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your
14. DISCLAIMER OF WARRANTIES. ZICON PROVIDES THE APP “AS IS” AND
“AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZICON MAKES NO REPRESENATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE
INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE APP. ZICON MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, ZICON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR
PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, AND
THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP
COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE APP. IF YOUR USE
OF THE APP RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR
DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
15. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. LIMITATION
OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE
LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL,
STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY,
LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT
LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILTIY TO YOU OF THE INDEMNIFIED
PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOUR TO US.
16. COPYRIGHT INFRINGEMENT/DMCA. Zicon respects the intellectual property
rights of others and requests that users of the App do the same. If you believe that your work is being used on the App in a way that
constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(a) the electronic or physical signature of the owner of the copyright or the person
authorized to act on the owner’s behalf;
(b) identification of the copyrighted work that you claim has been infringed;
(c) identification of the material that is claimed to be infringing and information
reasonably sufficient to permit Zicon to locate the material (for example, by providing a URL to the material);
(d) your name, address, telephone number, and email address;
(e) 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; and
(f) a statement that the information in your notification is accurate and a statement, made
under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
Copyright Agent: 13547 Ventura Boulevard #193 Sherman Oaks, CA 91423 or [email protected]
17. CUSTOMER SUPPORT. We have no obligation to provide you with customer
support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, if you have
created an Account and you submit your customer support questions using your Account.
18. NOTICES AND CONTACT INFORMATION. Except as otherwise provided in
these Terms, Zicon will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be
posted to the Site for at least thirty (30) days, we encourage you to visit the Site at least that often. You also authorize Zicon to send
notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record
for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by
posting on the Site or when sent by Zicon via electronic mail, whether or not received by you. Zicon may provide notice to any email
or other address that you provide to us. You must keep your address current and any notice sent by Zicon to the address that you have
most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright
infringement as described in Sections 5 and 17 above, respectively, you must send us any notice by email: [email protected] or
mailing it to our address for Legal Notices which is: Zicon Enterprises, L.L.C. 13547 Ventura Boulevard #193 Sherman Oaks, CA
91423, U.S.A., Attn: Legal Department.
19. ADDITIONAL TERMS
(a) Agreement to Conduct Transactions Electronically. All of your transactions with
or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically,
those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If
the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to
charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are
required to provide to you.
(b) Compliance with Laws. You are responsible for compliance with applicable local
laws. Access to the App’s Content by certain persons or in certain countries may not be legal.
(c) No Agency; No Third Party Beneficiary. These terms do not create an agency,
partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no
third party beneficiaries of these Terms.
(d) Severance. If any part of the Terms is held by a court of competent jurisdiction to be
invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will
remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
(e) Assignment. These Terms are personal to you and you may not transfer, assign or
delegate them to anyone without the express written permission of Zicon. Any attempt by you to assign, transfer or delegate these
Terms without the express written permission of Zicon will be null and void. Zicon has the right to transfer, assign and delegate these
Terms to one or more third parties without your permission.
(f) Jurisdiction; Choice of Law; Export Limitations. Taku is controlled by us
from our offices in the United States of America and is directed to U.S. users. If you access the App from locations outside the U.S.,
you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything
from the App in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every
nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that
would result in the application of the law of a different jurisdiction. You and Zicon submit to exclusive personal jurisdiction and
venue of the state and federal courts located within Los Angeles County, California. See sole exception in section 9.3(d).
(g) Limitations on Actions. Any action concerning any dispute with respect to the App
must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
(h) Interpretation. The paragraph headings in these Terms are included to help make
these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be
illustrative and not exhaustive.
(i) Entire Agreement. These Terms (including terms incorporated into them, e.g., the
between you and Zicon with respect to the use of the App and supersede all contemporaneous and prior agreements between the
parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not
expressly set forth in the Entire Agreement.
(j) No Waiver. The failure of any party to exercise or enforce any right or provision of
these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s
right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
If you have a complaint, you may contact us at: Zicon L.L.C. Legal Department, 13547 Ventura Boulevard #193 Sherman Oaks, CA
91423. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of
Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (1) INITIATE THE TRANSMISSION TO ZICON COMPUTERS OR DEVICES
OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES
NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF
SUCH MESSAGES THROUGH THE PROVISION OR SELCTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE
NOTICE RE COPYRIGHT OWNERSHIP: © Zicon Enterprises, L.L.C. U.S.A. All rights reserved.