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EULA: MoodScreens End User License Agreement
Please read carefully before installing! MoodScreens is licensed, not sold, to you ( “You” or “Your”) for use only under the terms of this license. This End User License Agreement( “EULA” )is a binding agreement between you ( “YOU,” “YOUR,” or “YOURSELF”) and Zonersplace, Inc (“Zonersplace,” “We,” “Us,” or “Our”). This EULA governs your use of the MoodScreens ( “MoodScreens” ). Definitions EULA means this End User License Agreement. You and Your shall mean you. MoodScreens shall mean the utility application MoodScreens, related documentation, and any updates and upgrades that replace or supplement the application in any respect. Acknowledgement By downloading, installing, copying or otherwise using MoodScreens you agree to the terms of this EULA and agree to be bound by it. This EULA is updated from time to time and the current version will be posted at www.moodscreens.com/eula. MoodScreens is being licensed to you and you hereby acknowledge that no title or ownership in MoodScreens is being transferred or assigned and this EULA shall not be construed as a sale of any rights in MoodScreens. You may direct complaints, claims or questions to sales@zonersplace.com or Zonersplace, Inc., 8545 W Warm Springs Rd, Ste A-4 #320, Las Vegas, NV 89113. If you are using MoodScreens on an Android product, you agree to and acknowledge the “Notice Regarding Android/Google,” below. Scope of License This license granted to You for MoodScreens is limited to a nontransferable license to use MoodScreens on any Android device that You own or control and a permitted by the Usage Rules set forth in the Google Play Store Terms of Service. This license does not allow You to use MoodScreens on any mobile device, You do not own or control. You agree not to distribute, sell, lease, rent, loan or otherwise transfer or assign MoodScreens, or any copies of MoodScreens. You agree not to copy, reproduced, decompile, disassemble, modify, derive source code from or reverse engineer, in whole or in part, MoodScreens, or to prepare derivative works based on MoodScreens without the press prior permission of Zonersplace. You agree not to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in MoodScreens. You agree not to transport, export or re-export into any country that may result in a violation of local import/export laws or regulations.Seizure Warning In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a monitor or screen may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Further Restrictions You further agree to not use MoodScrens to do the following:I. Use MoodScreens while driving or operating machinery that is dangerous and capable of injury or fatality. II. Infringes any patent, trademark, trade secret, copyright or proprietary rights of any party. III. Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed, intended or likely to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment. IV. Interfere with or disrupt or circumvent MoodScreens. V. Intentionally or unintentionally violate any applicable local, state, national or international law, including laws related to any regulations, requirements, procedures or policies in force from time to time relating to MoodScreens. VI. Endanger yourself or others and impair your mental ability to function physically, psychologically and socially. Health and Safety and Precautions. Please read this before you or anyone uses this app! This app may contain flashing lights and graphic simulations. Some people experience side effects such as motion sickness or nausea when viewing certain types of flashing lights or patterns including viewing graphic animations. This may happen where a person has not previously suffered in this way and have no known symptoms or history of side effects. If you or anyone considering using this app suffers in this way, has a condition, which makes this possible or has experienced similiar symptoms, please consult a doctor before using this app. If you or they are already using the app, please stop and consult a doctor. If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor. If you or any part of you feels tired, fatigue or discomfort whilst using this app please stop and rest. If it continues after you stop using the app please consult a doctor. If you have suffered or suffer from an injury using this app can aggravate it. PLEASE DO NOT: use this app if you are photosensitive or feel sick, tired, fatigue or discomfort or are under the influence of alcohol, drugs or hung-over; DO NOT use the app while operating or in a moving vehicle or device such as a car, scooter, jeep, tank, truck, bus, train, motorcyle, moped, recreational vehicle, dune buggy, go kart, all-terrain vehicle, humvee including amusement park rides, airplanes, helicopters, hot air balloons, segways, tricyle, bicycle, unicycle, skateboards, hoverboards, surfboard, boat, canoe, kayak, raft, windsurfing, parachute, submarine, jet skis, water ski, kite, zip-line, hang glider, para glider, glider aircraft, parasail, skis, snowboard, roller skate, skate, ice skate, inline skate.Medical Advice and Treatment Zonersplace does not provide medical advice, diagnosis or treatment. You acknowledge and agree that MoodScreens is merely a holistic app for alternative and temporary treatment of certain conditions. You further acknowledge and agree that Zonersplace does not provide any medical treatment through MoodScreens and no results obtained through MoodScreens can be construed or used. The use of all MoodScreens, all text, software, scripts, code, designs, applications, interactive features, graphics, images, visual content and other materials and its effects on your conduct, mental, physical, biological, psychological, social status and medical treatment is solely your responsibility. Maintenance and Support Zonersplace may require that YOU download and install updates to MoodScreens from time to time. YOU acknowledge and agree that Zonersplace may update MoodScreens with or without notifying YOU and add or remove features of functions to MoodScreens any time in its sole discretion. YOU acknowledge and agree that Zonersplace has no obligation to make MoodScreens available to YOU, make any subsequent versions of MoodScreens available to YOU or to continue to support Moodscreens in any way. YOU acknowledge that YOUR access to MoodScreens may not be continuous, features may change during YOUR use of MoodScreens, and Zonersplace may terminate YOUR access to MoodScreens or stop offering MoodScreens at any time pursuant to the time-of-use (“TOU”). Trademarks Trademarks, service marks, graphics and logos used in connection with MoodScreens are the trademarks of their respective ownders, Zonersplace and the trademarks related to MoodScreens are the trademarks of Zonersplace. You are not granted any right or license with respect to any of the trademarks mentioned above and any use of such trademarks. Copyright Infringement Zonersplace respects copyright and other laws. Zonersplace requires all MoodScreens users to comply with copyright and other laws. Zonersplace does not, by the supply of MoodScreens, authorize you to infringe the copyright or other rights of third parties. As a condition to use MoodScreens, you agree that you must not use MoodScreens to infringe upon the intellectual property or other rights of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event you fail to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time. Ownership and Title All title to and the rights in MoodScreens, including ownership rights to patents (registrations, renewals and pending applications), copyrights, trademarks, service marks, domain names, trade dress, trade secrets.For Zonersplace, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Zonersplace. Warranty NO WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOODSCREENS IS PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, AND Zonersplace HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU USE IS AT YOUR SOLE RISK. Zonersplace does not warrant the performance of MoodScreens on your specific Personal Device. Zonersplace does not warrant that MoodScreens will run permanently or uninterrupted on your Personal Device. Zonersplace does not warrant against interference with your enjoyment of MoodScreens; that MoodScreens will be uninterrupted, virus-free or error-free, or that MoodScreens will be compatible with third party software or that any errors in MoodScreens will be corrected. Zonersplace is not liable for delays or difficulties that are due to circumstances beyond its control. You acknowledge and agree that your exclusive remedy for any dispute with Zonersplace, Inc, is to stop using MoodScreens. Intellectual Property Rights Zonersplace retains all rights, titles and interest in and to the original and any copies of MoodScreens, related information, improvements enhancements or derivatives thereto and ownership of all intellectual property and proprietary rights recognized anywhere in the world pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Zonersplace. MoodScreens and related written materials are protected by the copyright and patent laws of the United States and international copyright and patent treaties. You shall not be an owner of any copies of, or have any interest in MoodScreens that may be provided, documentation, or other information. Applicable Law You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposed prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.The Licensed Application and related documentation are “Commercial Items”, as that tern is defined at The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. NOTICE REGARDING GOOGLE. You acknowledge that this EULA is between YOU and Zonersplace only, not with Google, and Google is not responsible for MoodScreens and the content thereof. Google has no obligation whatsoever to furnish any maintenance and support services with respect to MoodScreens. In the event of any failure of MoodScreens to conform to any applicable warranty, then you may notify Google and Google will refund the purchase price for the relevant mobile app to you; and, to the maximum extent permitted by applicable law, Google has no other warranty obligation whatsoever with respect to MoodScreens. Google is not responsible for addressing any claims by you or any third party relating to MoodScreens or your possession and/or use to MoodScreens. Google is not responsible for addressing any claims by you or any third party relating to MoodScreens or your possession and/or use of MoodScreens, including, but not limited to: (i) product liability claims; (ii) any claim that MoodScreens fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of MoodScreens infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using MoodScreens. Google, and Google’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.Updates in this version: None as of December 11,2017 subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.Upates in this version: None as of January 17,2021