By downloading, installing, accessing, or using the BoBo mobile application (the "App"), developed for nail art enthusiasts to track and manage their manicure experiences (collectively, the "Service"), you ("User" or "You") agree to be bound by this User Agreement (the "Agreement"), as well as all applicable federal, state, and local laws and regulations of the United States. If you do not agree to these terms, you must not use the Service.
This Agreement constitutes a legally binding contract between you and BoBo (the "Company", "we", "us", or "our"). The Company reserves the right to modify this Agreement at any time, with or without prior notice. Modified terms will be effective immediately upon posting within the App. Your continued use of the Service after any modifications constitutes your acceptance of the revised Agreement.
BoBo is designed to serve as a personal companion for nail art enthusiasts, enabling users to: (i) capture and catalog nail art designs with photos; (ii) track color numbers, polish brands, costs, and wear duration of manicures; (iii) organize nail art styles by season or occasion; (iv) view their nail art journey through an interactive timeline; and (v) set reminders for touch-ups and nail removal.
The Service is provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. The Company does not guarantee that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
You must be at least 13 years of age to use the Service, in compliance with the Children's Online Privacy Protection Act (COPPA) of the United States. If you are under the age of 18, you must obtain the consent of your parent or legal guardian before using the Service.
You represent and warrant that: (a) you are eligible to enter into this Agreement; (b) all information you provide (if any) is accurate, complete, and current; (c) your use of the Service does not violate any applicable laws, regulations, or third-party rights; and (d) you will comply with all terms of this Agreement.
When using the Service, you agree not to: (a) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (c) upload, post, transmit, or otherwise make available any material that contains 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; (d) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (e) intentionally or unintentionally violate any applicable federal, state, local, or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (g) "stalk" or otherwise harass another person; (h) collect or store personal data about other users without their express consent; or (i) use the Service for any commercial purpose without the Company's prior written consent.
All intellectual property rights in and to the Service, including but not limited to copyrights, trademarks, service marks, trade names, patents, trade secrets, and all software, text, images, graphics, audio, video, and other content contained in the App, are owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your personal, non-commercial use, in accordance with this Agreement.
You retain all intellectual property rights in the content you upload to the Service (including photos, notes, and other user-generated content). By uploading content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the operation and provision of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service, including but not limited to your user-generated content, any use of the Service's content, products, or services other than as expressly authorized in this Agreement, or your violation of any third-party right, including but not limited to intellectual property rights or privacy rights.
The Company may terminate or suspend your access to all or part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may do so by discontinuing use of the Service and deleting the App from your device.
Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement or the Service shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Service, superseding any prior agreements between you and the Company on such subject matter. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement without the prior written consent of the Company, but the Company may assign or transfer this Agreement without restriction.
Contact Us: If you have any questions about this User Agreement, please contact us at nailbobo12322@outlook.com.
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