Terms of Use Agreement

These terms of use, as amended from time to time (“Terms”), are a binding contract between Zicon Enterprises, L.L.C. (“Zicon”,

“we”, or “us”) and (“you”). You must read and agree to these terms, including the Privacy Policy, before using Taku (“App”). By

using the App, you agree to these terms. If you do not agree to these terms, do not use the App.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have

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

2.1 Procedure. At any time Zicon may change these Terms, which includes the Privacy Policy and any other agreement that is

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

amended Agreement.

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

Content;

(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.

1

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

applicable law:

(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

access;

(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,

2

illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the App or any

recipient; or

(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.

3

(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).

10. PRIVACY POLICY. Please see our Privacy Policy. Our Privacy Policy is part of

and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the

Service.

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

“Exclusion of Damages; Limitation of Liability,” and Section 20 “Additional Terms” and the Privacy Policy. If your Account or

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.

Zicon’s Privacy Policy is applicable only when you are on our Site. Once you link to another Web site, its privacy statement applies

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,

4

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

permission.

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

5

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

Privacy Policy) and any policies and guidelines posted to the App by Zicon comprise the entire agreement (the “Entire Agreement”)

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.

FURTHER INFORMATION

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

TRANSMITTED.

NOTICE RE COPYRIGHT OWNERSHIP: © Zicon Enterprises, L.L.C. U.S.A. All rights reserved.