The Terms of Service and Condition of Use set forth the terms between DarkColor Ltd (“DarkColor”) and “Users” or “User” of any services or features of the applications provided by DarkColor, including the DarkColor application (the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE. BY ACCESSING, USING, SAVING, COPYING, PASTING, EDITING, SHARING, DOWNLOADING, PURCHASING AND/OR SUBSCRIBING TO DarkColor APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE OUTLINED TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT USE DarkColor.
1.In App PurchasesGenerally, from time to time, we may offer additional products and services for Purchase ("in app purchases") through the App Store℠, Google Play . If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (Apple) ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Please refer to the terms of your application platform which apply to your in app purchases.
* Payment will be charged to iTunes Account at confirmation of purchase.
* Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
* Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
* You can manage your subscription and switch off the auto-renewal by accessing your Account Settings after purchase.
* You cannot cancel the current subscription during the active subscription period.
* Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to that publication.
The following words shall take the meaning set out below:
2.1. “Content” means digital content, such as custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material which may be used or available via Services operated by DarkColor under the brand name “DarkColor” and its related Services (collectively, “Service” or “Services”).
2.2. “User” or “Users” means any individual(s) or company who downloads and/or accesses the application DarkColor and/or Services or applies, creates an Account.
2.3. “Derivative Work” means editing, modifying, altering or adapting, including by way of cropping, resizing or reformatting partly or wholly any Content or Resources.
2.4. “Moral Rights” means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth), and rights of a similar nature anywhere in the world whether existing at the Effective Date or which may come into existence on or after the Effective Date.
2.5. “Resources” means (but are not limited to) all artwork, custom app icons, designs, creative works, widget designs, images, photos, artwork, graphics, elements and icons, photographs, logos, illustrations, data, content, text, wallpapers and all material content, text, copyrighted or licensed materials, associated websites, programs, software and/or all other material made available through DarkColor or the Service or provided and/or owned by DarkColor.
2.6. “Separate Terms of Service” means any documents pertaining to the Service and provided or uploaded by DarkColor, such as “agreements”, “guidelines”, and “policies”.
2.7. “User-Generated Content” means images, photographs, illustrations, backgrounds, text, audio, video, or other content that you create through DarkColor or the Service, or share, transmit, or otherwise make accessible or viewable by the public or other users of DarkColor or the Service.
3. Consent to the Terms of Service
3.1. Users may use the Service only in accordance with the provisions of the Terms of Service. Users may not use the Service unless they validly and irrevocably consent to the Terms of Service.
3.2. By consenting to the Terms of Service, each User represents and warrants that the User is of the legal age of majority in the jurisdiction in which the User resides. Notwithstanding the foregoing, if a minor between the ages of 13 and the legal age of majority wishes to use the Service, the parent or legal guardian of the minor may allow the minor to use the Service solely under their supervision and only in accordance with the Terms of Service. In such case, the parent or legal guardian is liable for any acts committed by the minor. If a User uses the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have consented to the Terms of Service, thereby concluding a valid and irrevocable agreement between DarkColor and the business enterprise.
3.3. By actually using the Service, Users are deemed to have validly and irrevocably consented to the Terms of Service.
Terms of Service as well as the Terms of Service.
4. Modification of the Terms of Service
DarkColor may modify the Terms of Service or Separate Terms of Service at any time deemed necessary by DarkColor and without providing prior notice to Users. By continuing to use the Service after a change to the Terms of Service or Separate Terms of Service, Users are deemed to have validly and irrevocably consented to the modified Terms of Service or Separate Terms of Service. Notifications regarding the modification to Terms of Service may not be provided individually to Users. Users are responsible to keep updated and review these Terms of Service to see if there are any changes.
BY ACCESSING AND CONTINUING TO USE THE SERVICE, USERS ACCEPT ANY CHANGES TO THESE TERMS OF SERVICE AND AGREE THAT ALL STATEMENTS MADE IN THIS AGREEMENT ARE CORRECT AND TRUE.
We may, without prior notice, change the Service; stop providing the Service (temporarily or permanently) or features of the Service (including the Resources), to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend User’s access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service.
6.1. When Users provide information about the User to DarkColor when using the Service, such information shall be true, accurate, complete, and kept up-to-date. In some cases, Users may be required to provide their name, address, phone numbers, e-mail address, information necessary to use certain features of the Service.
6.2. Users who have agreed to use the Service may withdraw from using the Service, however must notify DarkColor via the email if they would like to have their Contents removed from our servers. Users must provide twenty-eight days (28) notice.
6.3. DarkColor may terminate the agreement entered into between the User and DarkColor regarding the Service without giving prior notice to the User, if DarkColor believes is or is likely to be one of the following:
6.3.1. Any person that has harmed, or there is a possibility that such person may harm, the reputation of DarkColor;
6.3.2. Any person that has violated, or there is the possibility of a violation of, the Terms of Service, Separate Terms of Service, and any applicable laws and regulations;
6.3.3. Any person that has not used the Service for a certain period of time, or has been determined by DarkColor, under reasonable criterion, to make no use of the Service in the future;
6.3.4. In addition to all (5.3.1.) through (5.3.3.) above, any person that DarkColor, under reasonable criterion, determines as inappropriate to execute the Service, including, but not limited to, mutual trust being lost between the User and DarkColor.
6.4. DarkColor may also terminate this agreement between DarkColor and the User for any reason, or no reason and at any time.
We know you care how information about you is used and shared. We hope the following statements will help you understand how we will collect, use and protect the information you provide to us on our app. Read this Policy carefully, make sure you have read and understood this Policy before accepting it.
We obtain the personal data of its users primarily from the users themselves upon them using our Services. For example, to provide better service and experience for different types of mobile devices, our applications will check your phone's operating system version, screen resolution information to make the picture material better fit on your screen. The content does not involve your personally identifiable information such as privacy. We do not store this information, or use it to match with any other your personal information. We may collect the following information about the users:
When you access our applications, we may collect your Unique Device ID ('UDID') and/or IP address. We use this information to provide a tailored experience for you. The information is collected in order to determine the aggregate number of unique devices using our service or parts of our service, to track total usage, analyze data, and communicate with you more effectively. We may combine this information with information from third parties to provide you with a better experience and to improve the quality of our service. We do not share any personally identifiable information with third parties in association with your UDID without your explicit permission.
Personal information or requests that you submit will be sent to the group administrator. The group administrator and/or one of their members will have access to this information. When you send email or other communication to us, we may retain those communications to process your inquiries, respond to your requests and improve our services.
We allow third-party companies to collect certain information when you visit our website for their own use and subject to their own privacy policies. These companies collect and use non-personally identifiable information during your time in the app in order to provide advertisements about goods and services likely to be of greater interest to you.
We may also collect so called non-personal data. Non-personal information refers to information that cannot relate to a specific individual, such as the device ID, operating system version, application usage frequency, memory size, etc.
We may collect non-personal information from time to time to better understand users’ needs, fix bugs, improve our products and user experience. The non-personal information we collect are installs, frequency of use, country, equipment and so on. However, in some cases non-personal information can be stored together with your personal information, in such cases the non-personal information will be treated as personal information as well.
We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
We mainly use the data you provide to offer you our service. If we would like to use your personal information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. You may decline to submit personal information to any of our services, in which case we may not be able to provide those services to you. The purposes of using the information we gather from you are described below:
To provide the Services to you. We require certain information from you in order to provide you with the Services you requested. Such information may include your contact and device information. We share this information with our service providers or partners to the extent necessary to continue to provide you with the Services. We cannot provide you with Services without such information.
To provide customer service. We process your personal information when you contact us to help you with any questions, concerns, disputes or issues, or to provide us with your feedback. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.
To enforce terms, agreements or policies. To ensure your safety and adherence to our terms, agreements or policies, we may process your personal information to: actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services; investigate, prevent, or mitigate violations of our terms and policies; enforce our agreements with third parties and partners; and, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.
To send you Service-related communications. We use your contact information to send you administrative or account-related information to you to keep you updated about our Services, inform you of relevant security issues or updates, or provide other transaction-related information to you. Service-related communications are not promotional in nature. You cannot unsubscribe from such communications because you could miss important developments relating to your account or the Services that may affect how you can use our Services.
For security purposes. We process your personal information to: improve and enforce our security measures; combat spam, malware, malicious activities or security risks; and to monitor and verify your identity so that unauthorized users do not access your account with us. We cannot ensure the security of our Services if we do not process your personal information for security purposes.
Designated Countries: For all purposes listed above, pursuant to the EU General Data Protection Regulation (“GDPR”) or any equivalent legislation (collectively “Data Protection Laws”), we process the personal information of users located in the European Economic Area (“EEA”), United Kingdom and Switzerland (collectively, the “Designated Countries”) based on our contract with you.
To personalize your experience on the Services. We keeping track of your preferences (e.g., time zone, language preference, etc.), and more. Without such processing, you may not be able to access or personalize part or all of our Services.
To conduct research and development. We process information about the way you use and interact with our Services to: help us improve our Services; build new Services; and build customized features or Services. Such processing ensures your continued enjoyment of part or all of our Services.
To engage in marketing activities. We may process your contact information or information about your interactions on our Services to: send you marketing communications; deliver targeted marketing; inform you about events, webinars, or other materials, including those of our partners; and, keep you up-to-date with our relevant products and Services. Transactional communications about your account or our Services are not considered marketing communications. In addition, when you share your friends’ contact information with us, we may reach out to them to invite them to our Services and to continue receiving our communications. You can opt-out of our marketing activities at any time.
We may use Non-Personal Information for any purpose, including for our own internal purposes; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify our Service; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined with any Personal Information.
We may share your personal information with third parties in the following circumstances:Employees, Third-Party Processors and Third-Party Service Providers.
We disclose your personal information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Services, analyzing data, or performing marketing or consulting services. We take appropriate measures to ensure that the third parties accessing data collected by our services process such data in accordance with the applicable laws by e.g. entering into agreements with such partners. These Service Providers will only have access to the personal information needed to perform these limited functions on our behalf.
Apart from Service Providers, we will disclose your personal information if:
you have given us your express consent for doing so;
the disclosure is reasonably necessary to provide you with the services;
the disclosure is made at the request of a public authority;
the disclosure is made in accordance with applicable law, or in response to a subpoena or court order or similar request from judicial authority, law enforcement authorities or other competent public authorities;
we believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large;
we believe that you have abused the Services by using it to attack our systems or to gain unauthorized access to our system, to engage in spamming or otherwise to violate applicable laws.
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any personal information owned or controlled by us may be one of the assets transferred to third parties. We will notify you via email or a prominent notice within our Services of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
Based on your consent, we may share some or all of your contact information with our marketing partners, parent company, subsidiaries and corporate affiliates, joint ventures, or other companies under common control with us. If you opt-in to receive marketing communications from third parties, we may permit these entities to use your information for their own marketing purposes.
We will try to limit the storage of your personal information to the time necessary to serve the purpose(s) for which your personal information was processed, to enforce our agreement, policies or terms, to resolve disputes, or as otherwise required or permitted by law. Please contact us if you have any questions about our retention periods. While retention requirements can vary by country, we generally apply the retention periods noted below.
We store information used for marketing purposes indefinitely until you unsubscribe. Once you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.
Your Interactions and Content on Our Services. We may store any information about your interactions on our Services or any content created, posted or shared by you on our Services (e.g., pictures, comments, support tickets, and other content) indefinitely after the closure your account for the establishment or defense of legal claims, audit and crime prevention purposes.
Telephone Records. As required by applicable law, we will inform you that a call will be recorded before doing so. Any telephone calls with you may be kept for a period of up to six years.
This section only applies to users of our Services that are located in the European Economic Area, United Kingdom and/or Switzerland (collectively, the “Designated Countries”) at the time of data collection. We may ask you to identify which country you are located in when you use some of the Services, or we may rely on your IP address to identify which country you are located in.
Where we rely on your IP address, we cannot apply the terms of this section to any user that masks or otherwise obfuscates their location information so as not to appear located in the Designated Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to users in the Designated Countries.
If you are located in the Designated Countries and are a current user, we will only contact you by electronic means (such as email or SMS) per your communication preferences and/or with information about our Services that are similar to the Services you previously purchased from us or negotiated to purchase from us.
the right to withdraw consent;
the right to request access to personal data about the user;
the right to request correction or deletion of said data;
the right to request restrictions to said data processing or to object the processing;
the right to object to processing;
the right to move said data from one system to another;
the right to prohibit the usage of his/her information for marketing purposes.
Please note that in certain situations, in particular if you request that we delete and no longer process your personal data or restrict their processing in an essential way, we may be unable to continue the provision of our services to you.
You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device.
1. Open Settings
2. Select Privacy
3. Select Advertising and enable "Limit Ad Tracking"
1. Open Settings
2. Select Google
3. Select Ads and enable "Opt out of Ads Personalization"
When you use our service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate service purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information.