AprilAge Inc. (AprilAge)
LICENSE AGREEMENT FOR APRIL® SERVICE
BEFORE USING THE APRIL® SERVICE (the Service) YOU MUST AGREE TO THE TERMS OF THIS AGREEMENT (the License). BY ACCESSING OUR SERVERS AND USING THE APRIL® SERVICE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE, LEAVE THIS WEBSITE NOW.
1. The APRIL® Service. The Service we offer is online access to APRIL® Face Aging software. The software program will enable you to create a series of images depicting how an individual’s face may appear under certain conditions. The images produced by the Service are your property as long as you are not in breach of this Agreement. We are not selling you the APRIL® software or providing a license to use the APRIL® Face Aging Software other than through our web site and under terms of this License. AprilAge reserves all rights not expressly granted to you.
2. Permitted Images. You may use the Service to reproduce images. We license it to you only for reproduction of non-copyrighted images, images in which you own the copyright, or images you are authorized or legally permitted to reproduce. You agree that should AprilAge believe that images you upload to our servers are not yours, we may deny your access to the Service and delete any uploaded or output images from our server(s).
3. Permitted License Uses and Restrictions. This License allows you to use the APRIL® Service online. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the APRIL® Software or AprilAge’s web site(s) or any parts of these.
THE IMAGES PRODUCED BY THE APRIL® SOFTWARE ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THEY ARE NOT INTENDED FOR USE IN CRITICAL MEDICAL OR LIFE SUPPORT, LAW ENFORCEMENT OR ANY MISSION CRITICAL APPLICATION THAT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
You may not use the AprilAge web site in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user's use and enjoyment of the Service. Furthermore, you may not attempt to gain unauthorized access to any of part of AprilAge’s websites, services, accounts, computer systems or networks through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AprilAge website.
4. Personal Use Only. This License gives you limited personal non-commercial, non-exclusive and non-transferable right and license to access the Service. You may not sell, publish, distribute the images for profit or offer access to the AprilAge websites for a fee. Use of the Service to sell a product or service or to increase traffic to your own Web site for commercial reasons, such as advertising sales, is expressly forbidden. You may not take the results from an APRIL® or AprilAge search and reformat and display them, or mirror the AprilAge home page on your Web site without express permission from AprilAge.
If you wish to make commercial use of the APRIL® Face Aging software or Service you must enter into an agreement with AprilAge to do so.
5. Payment. AprilAge uses the services of PayPal™ and Stripe (the Processors) to process payments for access to the Service. You agree to provide any information that we and the Processors may require to facilitate such payment. AprilAge does not retain any financial information about you such as credit card, bank account or the Processors account numbers.
6. Consent to Use of Data. You agree that AprilAge may collect personal information, technical, and related information from you. This may include but not be limited to technical information about your computer, system and application software, and peripherals as well as personal information required to facilitate the provision of the Service to you. AprilAge may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide additional services or technologies to our customers.
7. Storage and Retention of Data. You agree that AprilAge may retain and store on our servers or servers we access from third party suppliers located in Canada, the United States of America or elsewhere:
a. both original uploaded image(s) and output images to enable you to have future access to these, and
b. any data provided by you as described in paragraph 6. above or otherwise.
You also agree that we are under no obligation to store either input or output images, or data provided by you, or to retain these for any particular period of time.
We may or may not advise you that we are retaining the images or removing them from our servers. If you wish to ensure future access to the images, we recommend copying them your own computer.
8. Accounts, passwords and security. To use the Service, we require you to open an account. You must complete the registration process by providing us with current, complete and accurate information, as prompted by the registration form. You acknowledge that if you provide any information that is not current, untrue, inaccurate or incomplete, we reserve the right to terminate this Agreement and your continued access to and use of the Service.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.
9. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APRILAGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APRILAGE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE RESULTS OF THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APRIL® SOFTWARE OR THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APRILAGE OR AN APRILAGE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APRILAGE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR THE RESULTING IMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APRILAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall AprilAge's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. External Factors. Without limiting the foregoing, under no circumstances shall AprilAge be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from AprilAge if you fail to comply with any term(s) of this License. Upon the termination of this License, your rights to use the Service shall cease.
13. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Ontario, Canada, as applied to agreements entered into and to be performed entirely within Ontario, Canada between residents of Ontario, Canada. You agree that in the event of a dispute the matter shall be adjudicated by the courts of Ontario, Canada. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
14. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by AprilAge. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
Facebook is the social networking web service operated by Facebook, Inc. and its corporate affiliates and accessed through the web address www.facebook.com or its mobile version.
PayPal™ is the internet payment service operated by PayPal CA Limited and accessed through the web address www.paypal.com
Stripe is the internet credit card payment service operated by Stripe Payments Canada, Ltd., Wells Fargo Financial Corporation Canada and First Data Loan Company Canada . Terms and conditions of this service are available at www.stripe.com