Legal information.
Revised on May 26th, 2014
These Terms of Use ("Terms") apply to all products and services provided by Spincoders ("Spincoders," "We" or "Our") and govern Your use of the following Products: Clarisketch and services: customer support for our products, our website, our blog, and our forums (together, the "Services"). We may add or remove Products and/or Services with or without notice.
In order to use our Products or Services You must be 13 years of age or older. If You are between 13 and 18 years of age, You must have Your parent or legal guardian's permission to use our Products and/or Services. You must not access our Products and/or Services or accept these Terms if You are a person who is either barred or otherwise legally prohibited from receiving or using the Services or any Products under the laws of the country in which You are resident or from which You access or use the Products or Services. By accessing and/or otherwise using Our Products and Services, You are agreeing to be bound by these Terms and Conditions of Use as well as all applicable laws and regulations. You agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these Terms, You are prohibited from using or otherwise accessing Our Products and Services. We reserve the right to modify these Terms from time to time, in which case the new Terms will supersede prior versions. Your continued use of our Products and Services will signify Your acceptance of the changes to these Terms. All intellectual property rights and titles for Products and Services developed by Spincoders will remain with and belong exclusively to Spincoders. You agree not to: (i) attempt to decompile, decipher or reverse engineer any of Our Products and Services; (ii) remove any copyright or other proprietary notations from Our Products and Services; (iii) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, modify or copy Our Products and Services without Our written consent; (iv) use Our Products and Services in any manner that interferes with or disrupts the integrity or performance of the Products and Services; or (vi) try to use, or use Our Products and Services in violation of these Terms. Spincoders's failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
This Service allows the user to create a document which contains elementary data, e.g. pictures, photos, vector graphics, sound (hereinafter referred to as “Document”), and sharing the created Document with another users.
The Document shared as public is displayed openly in the Service. Anybody can view it there. Anybody may also search for the Document by a search engine.
The Document shared as unlisted does not appear in any public list of the Service and it is not possible to search for it via any search engine. This Document can only be viewed by someone who knows its direct address. For example, if the author of a picture sends this address to these people by e-mail.
The Document shared as private does not appear in any public list and it is not possible to search for it via any search engine. This Document can only be viewed by registered users, whose login ID is assigned by the author within the sharing operation.
If the author is authenticated (registered) to the Service, the author’s ID is added to the shared Document. The authenticated (registered) author can handle with this Document even later on via operations provided by the Service.
If the author is not authenticated (registered) to the Service, the Document does not contain any information about the author or links to the author of the Document and the author has no opportunity to handle with the Document later on via operations provided by the Service.
The Document’s Data are not encrypted. Each user, who downloads the Document, is allowed to get to the means which gain him/her access to all elementary data contained in the Document. We do not recommend our users to use the Service for any Documents which contain top secret information, whose leakage might have serious consequences.
The Document’s content has to be in compliance with applicable laws.
Spincoders can use services/technical and other means of the third parties to ensure providing of the Service.
OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SPINCODERS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, SPINCODERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE SECURITY, ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF OUR PRODUCTS AND SERVICES NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT THAT SPINCODERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY SUCH WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM REQUIRED BY APPLICABLE LAW. Due to the vibrant ecosystem of Android devices and apps, it is impossible to make all features of our apps work correctly on all devices. If You find that a feature doesn't work on Your device, contact us by email at support@spincoders.com in order to file a bug report.
IN NO EVENT SHALL SPINCODERS OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS (BOTH DIRECT AND INDIRECT) WHETHER OR NOT SPINCODERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL SPINCODERS'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE PRICE PAID BY YOU FOR OUR PRODUCTS AND SERVICES. FOR CLARITY, THIS REPRESENTS AN AGGREGATE LIMITATION OF LIABILITY FOR ALL LIABILITY EVENTS (TAKEN TOGETHER) AND NOT A PER LIABILITY EVENT LIMITATION OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to release, indemnify and hold Spincoders and its affiliates and their officers, employees, directors and agent harmless from any and against all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Services, Your connection to the Services, Your violation of these Terms or Your violation of any rights of another.
Spincoders respects Your privacy rights. Please read our Privacy Policy.
Please note that Your access to and the ability to use Our Products and Services may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, and payment providers. You further acknowledge and agree that Spincoders will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Products or the Services are between You and the third party, and You agree that Spincoders is not liable for any loss or claim that You may have against any such third party. Spincoders may at Our discretion make available links through advertisements or otherwise enabling You to access third party sites, apps, games or services. Please note that, while using such third party products or services, You are using products or services developed and administered by people or companies not affiliated with or controlled by Spincoders. Our link(s) to those third parties' websites do not imply Our endorsement, sponsorship, or affiliation with those people or companies. Spincoders is not responsible for the actions of those people or companies, the content of their products or services, the use of information You provide to them, or any other products or services they may offer to You. Use of any such linked third party products or services is at Your own risk and subject to their terms and policies.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products or the Services ("Submissions"), provided by You to Spincoders are non-confidential and Spincoders will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by the law. Remaining provisions of these Terms shall remain in effect.
Any claim relating to Our Products and Services shall be governed under czech law.
You may not assign these Terms without the prior written consent of Spincoders, but Company may assign or transfer these Terms, in whole or in part, without restriction.
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