You acknowledge and agree that, as provided in greater detail in these Terms:
the App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the "Carrier"), which are your sole responsibility;
the Service is provided "as is" without warranties of any kind and Crown Affair's liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND CROWN AFFAIR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 below for the details regarding your agreement to arbitrate any disputes with Crown Affair;
if you are using the App on an iOS-based device, you agree to and acknowledge the "Special Terms Regarding Apple", below.
1. Service description
As part of the Service, Crown Affair may allow you to provide us information about yourself through a survey for the design and creation of haircare products that you may purchase through the Service (the "Products")
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Products Design
As part of the Service, Crown Affair may provide you with designs and renderings for haircare products (the "Designs"). The provision of a Design by Crown Affair in no way creates a production guarantee or commitment on behalf of Crown Affair. These Designs are for demonstration only and the actual Products you receive may differ from the Designs for many reasons, including, without limitation, Crown Affair's manufacturing requirements and specifications.
4. Accounts and Registration
- 4.1. Crown Affair Account. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- 4.2. Third Party Accounts. In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a "Distributor") to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Crown Affair is not responsible for any act or omission of any Distributor.