The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and Epsilon Mobile (collectively "Epsilon" or "we" or "us" or "our") regarding your use of related services, which includes Diso ("Diso") application for mobile devices (collectively, the "Services"). By using or accessing our Services you signify that you have read, understand and agree to be bound by the terms and conditions set forth below. We may amend the Terms of Service from time to time, and we encourage you to consult the Terms of Service regularly for changes. Use of the Services after changes are made to the Terms of Service will be considered your consent to the new terms.
1. LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive license to use content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not: 1) Use, develop and/or distribute cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Services or any Epsilon application experience; 2) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person's use or enjoyment of the Services; 3) Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers or mobile phones; 4) Exploit the Services or any of its parts for any commercial purpose; 5) Without our express written consent, modify or cause to be modified any files that are a part of the Services.
2.INTELLECTUAL PROPERTY AND OWNERSHIP
Epsilon remains the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files) posted on the Services by Epsilon. Thus, all materials stated above are protected by law from unauthorized use. You agree that no materials that are part of the Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without our express prior written permission, except that the foregoing does not apply to your own User Contents (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from Epsilon. Please note that we have the right to withdraw or modify one or more Services where we have legal, technical or other reasons for doing this, including (i) privacy, data protection or other legal objections to the content or conduct of our Services, and (ii) technical difficulties experienced by us or on the Internet. There may also be times when our Services are not available, whether on a scheduled or unscheduled basis.
The license to use Diso Service is not valid in any jurisdiction where prohibited. Diso Service is intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to Diso by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. Epsilon may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing Diso software and services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
4. USER CONTENTS
"User Contents" mean any communications, images, video, and all the material, data, and information that you upload or transmit to our services, or that other users upload or transmit, including without limitation any text message and video call. You are responsible for any User Contents uploaded or transmitted that you are the exclusive author of the content, and use of your content by us will not infringe or violate the intellectual property or other rights of any third party.
By uploading or transmitting any User Contents to our services, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates, successors and assigns, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose, to prepare derivative works of, or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
5. OBJECTIONABLE CONTENT POLICY
User Content may not be submitted to Diso, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (a) is libelous, defamatory or slanderous, (b) contains sexually explicit content (including nudity), (c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group, (d) exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, (e) encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes), (f) makes use of offensive language or images or is otherwise patently offensive to people, (g) harasses or advocates harassment of another person, (h) involves the transmission of "junk mail", chained letter or spam, (i) promotes an illegal or unauthorized copy of another person's copyrighted work, (j) characterizes violence as acceptable, glamorous or desirable, (k) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity), (l) provides instructional information about illegal activities such as making or buying illegal weapons, terrorist activities, violating someone's privacy, or providing or creating computer viruses, (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other users, (n) provides or promotes inaccurate, misleading or false information, (o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes, or (p) contains any of Your personal contact information. If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
6. LIMITATION OF LIABILITY
To the extent permitted by law, other than as expressly set out in these Terms and Conditions, the Company does not make any specific promises or give warranties. Also, the Company excludes all warranties regarding the credibility and accuracy of information, data and facts in Services provided by a content provider or posted by a user and is not liable for any loss or damage incurred to you as a result.
The Company will indemnify you for any loss which has occurred as a result of our fault in compliance with these Terms and Conditions and relevant laws. However, the Company will not be liable for any loss or damage caused by any of the following, and to the extent permitted by law, the Company will not be responsible for indirect, special, consequential, exemplary, or punitive damages.
- Losses due to natural disasters or acts of God
- Service errors due to reasons attributable to you
- Personal losses arising from the access to or use of Services
- Losses due to an illegal access to or use of our server by a third party
- Losses due to interference in transmission to or from our Server
- Losses due to transmission or spread of malware by a third party
- Damages arising from the use of Services by a third party including omissions, loss or destruction of transmitted data, or defamation, etc.; or other losses arising from acts of the Company that are not intentional or negligent.
8. SUBSCRIPTION AND FEES
While the standard service on Diso is free, additional data charges may apply to you depending on the data plan you have with your mobile carrier. Additional payment is required to upgrade to the Diso Premium version. If there is a charge associated with a portion of the Diso Services, you agree to pay that charge by accessing or using it. The price stated for the Diso Premium version may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you download the Diso App (each, an "App Store") on your device. Fees and charges are collected by the App Store on your mobile device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. The Company relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the Diso Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the Diso Services for non-payment could result in a loss of access to and use of your account and its content.
If you would like to buy the Premium Version of the Diso Services, you do this with in-app subscriptions from the App Store on your mobile device. You will be advised of the charge for the Premium Version of the Diso Services before making payment and being billed. You must make all payments through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the Diso Premium Version (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying for any amounts for services billed to your mobile device, debit or credit card by an App Store or third party who had access to these account, whether or not such amounts were authorized by you.
Subscriptions are managed by the App Store directly. Epsilon does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for one month. Payment will be charged to your App Store account at confirmation of purchase. If you have chosen an auto renew subscription plan, your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during your current active subscription period.
9. LINKS TO THIRD PARTY SITES
We may contain links on the Services to third party websites or vendors such as Trial Pay who may invite you to participate in a promotional offer in return for receiving an optional component of the Services and/or upgrades (such as in-app currency). Some of these web sites may charge separate fees, which are not included in any fees that you may pay to us. Because we cannot control the activities of the third party on its site, we cannot guarantee that the third party will adhere to the same Terms as Epsilon. We are in no way responsible for the Terms of the third party to which you chose to access from the Services. Please be sure to read the Privacy Policies and Terms of Services of any other service provider from whom you request services.
You agree to defend, indemnify and hold harmless Epsilon from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Services and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Epsilon, and the remaining portions shall remain in full force and effect.
These Terms and any action related thereto shall be governed by and construed under the laws of Republic of Korea (without regard to conflicts or choice of law principles). You and Epsilon agree that the sole and exclusive forum for any claim or dispute arising out of or relating to this Agreement shall be the appropriate courts of Republic of Korea. The parties expressly consent to the personal jurisdiction of such courts.