The following Terms of Use (“Terms”) apply when you use the Coloring Pages app (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.”
These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our widgets or other applications (“Applications”) – together, our “Services”. Our Services include all the locations on which
we place these Terms of Use.
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
Paid Services
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can also be paid for via Apple and Google. Information about paid Services is here and here.
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). Certain subscription offerings may include a free to use . If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid. No refunds are offered for any products or services offered via the App. You acknowledge that if you elect to purchase a subscription 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 (including our fees and credit card handling fees) have been increased.
Content And Restrictions
You may provide text, images, videos and/or other material, including third party content that you share using the App. Your User Content belongs to you. By publicly sharing any User Content, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Lotso Wallpapers a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly display, and make derivative works of User Content that you process via the App, without any further consent, notice and/or compensation to you or others. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. By transmitting and submitting any User Content while using the App, you agree as follows: You are solely responsible for the activity that occurs while using the App; You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content.
Age Restriction
You need to be at least 3 years old to use the App.
Use Restrictions
Your permission to use the App is conditioned upon the following restrictions and conditions.
You agree that you will not:
attempt to decipher, reverse engineer, decompile, or disassemble any portion of the App or the software used to provide the Service; use, display, mirror or frame the App or any individual element within the App, any trademark, logo or other proprietary information; attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure (including watermarks) implemented by Lotso Wallpapers app providers or any other third party (including another user) to protect the App; remove any copyright or other proprietary notices from materials provided within the App; use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent; use the App in any manner not permitted by these Terms; impersonate or misrepresent your affiliation with any person or entity; use the App for any unlawful purpose or for the promotion of illegal activities; use the App to attempt to, or harass, abuse or harm another person or group; use another user’s account without permission; interfere or attempt to interfere with the proper functioning of the App; make any automated use of the App, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; use the App to post content that is offensive, obscene, or could constitute or contribute to a criminal or civil offense, including copyright and other intellectual property right violations; use the App in a manner which would or would likely incite, promote or support discrimination or incite or promote hostility or violence; publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or encourage or enable any other individual to do any of the foregoing. Monitoring And Compliance Although the Company is not obligated to monitor access to or use of the App, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable your access to the App, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content you upload in connection with the App to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Intellectual Property
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights that are not expressly granted to you under these Terms.
Contributions
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through its website, email, or social media accounts, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of us without any obligation of to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
Indemnification
You agree to indemnify, defend, and hold harmless us from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the App or Service; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Warranty Disclaimer
The app and service are provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaims all warranties, whether express, implied or statutory, regarding the app and service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the company makes no warranty or representation that access to or operation of the app or service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your uploading, downloading, and/or use of files, information, content or other material sent to or obtained via the app or service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
Limitation Of Damages – Release
To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) The use, disclosure, or display of your user content; (b) Your use or inability to use the app or service; (c) The app or service generally or the software or systems that make the app and service available; or (d) Any other interactions with the company or any other user of the app or service, whether based on warranty, contract, tort (including negligence), fraud, or any other legal theory, and whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Our liability to you does not exceed $10. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
MISCELLANEOUS
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. (B) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be
stricken and that the remaining terms in the Terms of Use shall not be affected. (C) These Terms of Use (including the Privacy Policy and any additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
Modification Of Terms Of Use
We can amend these Terms at any time. It’s your responsibility to check the App from time to time to view any such changes. If you continue to use the App, you show your agreement to our revisions to these Terms.
Privacy Policy
We respect the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the App, you show that you agree to this Privacy Policy.
Your Agreement To The Terms
You acknowledge that you have read these terms, understand the terms, and will be bound by these terms. You further acknowledge that these terms together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
Contact Us
If you have any questions, please contact us at support@mailong.win