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Privacy Policy, Terms of Use, End User License Agreement



Privacy Policy



This Policy (the "Policy") explains the way of treatment of the information which is provided or collected in the web sites and applications on which this Policy is posted. In addition the Policy also explains the information which is provided or collected in the course of using the applications of Poze which exist in the websites, mobile applications or platforms of other company.



Poze is the controller of the information provided or collected in the websites and applications on which this Policy is posted and in the course of using the applications of Poze which exist in the websites, applications or platforms of other company.



Through this Policy, Poze regards personal information of the users as important and inform them of the purpose and method of Company's using the personal information provided by the users and the measures taken by Poze for protection of those personal information.







This Policy will be effective on the 1th day of October, 2018 and, in case of modification thereof, Poze will make public notice of it through posting it on the bulletin board of Company's website or individual notice through sending mails, fax or e-mails).





1. Information to be collected and method of collection



(1) Personal information items to be collected



Personal information items to be collected by Poze are as follows:



• Information provided by the users



Poze may collect the information directly provided by the users.




Title of service


Items to be collected(examples)


Internet


membership


service


∘ Name, email address, ID, telephone number, address, national information, encoded


identification information (CI), identification information of overlapped membership (DI)


∘ For minors, information of legal representatives (name, birth date, CI and DI of legal


representatives)


Online


payment


service


∘ Name, address, telephone number, and email address


∘ Payment information including account number and card number


∘ Delivery information including delivery address, name and contact information of recipient


∘ Information of bid, purchase and sales


Social


network


service


∘ Name, email address, ID, telephone number, address, national information, address list (acquaintance)


∘ Information of place of taking pictures and date of creation of files


∘ Information of service use of members such as the type of contents watched or used by members, the persons interacting or sharing contents with members,


frequencies and period of activities of members




• Information collected while the users use services



Besides of information directly provided by the users, Poze may collect information in the course that the users use the service provided by Poze.




Lists


Items to be collected(examples)


Equipment


information


∘ Equipment identifier, operation system, hardware version, equipment set-up, type and set-up of browser, use information of website or application and telephone number


Log information


∘ IP address, log data, use time, search word input by users, internet protocol


address, cookie and web beacon


∘ Information of device location including specific geographical location detected through GPS , Bluetooth or Wifi (limited to the region permissible under the laws)


Other information


∘ Preference, advertisement environment, visited pages regarding service use of


users





(2) Method of collection



Poze collects the information of users in a way of the followings:



• webpage, written form, fax, telephone calling, e-mailing, tools for collection of created information



• provided by partner companies






2. Use of collected information



Poze uses the collected information of users for the following purposes:



• Member management and identification



• To detect and deter unauthorized or fraudulent use of or abuse of the Service



• Performance of contract, service fee payment and service fee settlement regarding provision of services demanded by the users



• Improvement of existing services and development of new services



• Making notice of function of company sites or applications or matters on policy change



• To help you connect with other users you already know and, with your permission, allow other users to connect with you



• To make statistics on member’s service usage, to provide services and place advertisements based on statistical characteristics



• To provide information on promotional events as well as opportunity to participate



• To comply with applicable laws or legal obligation



• Use of information with prior consent of the users (for example, utilization of marketing advertisement)





Poze agrees that it will obtain a consent from the users, if Poze desires to use the information other than those expressly stated in this Policy.






3. Disclosure of collected information



Except for the following cases, Poze will not disclose personal information with a 3rd party:





• when Poze disclosing the information with its affiliates, partners and service providers;



- When Poze's affiliates, partners and service providers carry out services such as bill payment, execution of orders, products delivery and dispute resolution (including disputes on payment and delivery) for and on behalf of Poze



• when the users consent to disclose in advance;



- when the user selects to be provided by the information of products and services of certain companies by sharing his or her personal information with those companies



- when the user selects to allow his or her personal information to be shared with the sites or platform of other companies such as social networking sites



- other cases where the user gives prior consent for sharing his or her personal information



• when disclosure is required by the laws:



- if required to be disclosed by the laws and regulations; or



- if required to be disclosed by the investigative agencies for detecting crimes in accordance with the procedure and method as prescribed in the laws and regulations





4. Cookies, Beacons and Similar Technologies



Poze may collect collective and impersonal information through 'cookies' or 'web beacons'.





Cookies are very small text files to be sent to the browser of the users by the server used for operation of the websites of Poze and will be stored in hard-disks of the users' computer.





Web beacon is a small quantity of code which exists on the websites and e-mails. By using web beacons, we may know whether an user has interacted with certain webs or the contents of email.





These functions are used for evaluating, improving services and setting-up users' experiences so that much improved services can be provided by Poze to the users





The items of cookies to be collected by Poze and the purpose of such collection are as follows:




Category


Reasons for using cookies and additional information


Strictly


necessary


cookies


This cookie is a kind of indispensible cookie for the users to use the functions of website of Poze. Unless the users allow this cookie, the services such as shopping cart or electronic bill payment cannot be provided. This cookie does not collect any information which may be used for marketing or memorizing the sites visited by the users



(Examples of necessary cookies)



∘ Memorize the information entered in an order form while searching other pages


during web browser session



∘ For the page of products and check-out, memorize ordered services



∘ Check whether login is made on website



∘ Check whether the users are connected with correct services of the website of Poze while Poze changes the way of operating its website



∘ Connect the users with certain application or server of the services


Performance


cookies


This cookie collects information how the users use the website of Poze such as the information of the pages which are visited by the users most. This data helps Poze to optimize its website so that the users can search that website more comfortably. This cookie does not collect any information who are the users. Any and all the information collected by this cookie will be processed collectively and the anonymity will be guaranteed.



(Examples of performance cookies)



∘ Web analysis: provide statistical data on the ways of using website



∘ Advertisement response fee: check the effect of advertisement of Poze



∘ Tracing affiliated companies; one of visitors of Poze provides anonymously feedback to the affiliated companies



∘ Management of error: measure an error which may occur so as to give a help for improving website



∘ Design testing: test other design of the website of Company


Functionality


cookies


∘ Preference, advertisement environment, visited pages regarding service use of Users



This cookie is used for memorizing the set-ups so that Poze provides services and improves visit of users. Any information collected by this cookie do not identify the users individually.



(Examples of functionality cookies)



∘ Memorize set-ups applied such as layout, text size, basic set-up and colors



∘ Memorize when the customer respond to a survey conducted by Poze


Targeting


cookies or


advertising


cookies


This cookie is connected with the services provided by a 3rd party such as the buttons of 'good' and 'share'. The 3rd party provides these services by recognizing that the users visits the website of Poze.



(Examples of targeting cookies or advertising cookies)



∘ Carry out PR to the users as targets in other websites by connecting through social networks and these networks use the information of users' visit



∘ Provide the information of users' visit to ad agencies so that they can suggest an ad which may attract the interest of the users






The users have an option for cookie installation. So, they may either allow all cookies by setting option in web browser, make each cookie checked whenever it is saved, or refuses all cookies to be saved: Provided that, if the user rejects the installation of cookies, it may be difficult for that user to use the parts of services provided by Poze.





5. User’s right



The users or their legal representatives, as main agents of the information, may exercise the following rights regarding the collection, use and sharing of personal information by Poze:




• exercise right to access to personal information;



• make corrections or deletion;



• make temporary suspension of treatment of personal information; or



• request the withdrawal of their consent provided before





If, in order to exercise the above rights, you, as an user, use the menu of 'amendment of member information of webpage or contact Poze by sending a document or e-mails, or using telephone to Poze(or person in charge of management of personal information or a deputy), Poze will take measures without delay: Provided that Poze may reject





the request of you only to the extent that there exists either proper cause as prescribed in the laws or equivalent cause.





6. Security



Poze regard the security of personal information of uses as very important. Poze constructs the following security measures to protect the users' personal information from any unauthorized access, release, use or modification



• Encryption of personal information



- Transmit users' personal information by using encrypted communication zone



- Store important information such as passwords after encrypting it



• Countermeasures against hacking



- Install a system in the zone the external access to which is controlled so as to prevent leakage or damage of users' personal information by hacking or computer virus



• Establish and execute internal management plan



• Install and operate access control system



• Take measures to prevent forging or alteration of access record





7. Protection of personal information of children



In principle, Poze does not collect any information from the children under 13 or equivalent minimum age as prescribed in the laws in relevant jurisdiction. The website, products and services of Poze are the ones to be provided to ordinary people, in principle. The website or application of Poze has function to do age limit so that children cannot use it and Poze does not intentionally collect any personal information from children through that function.







(Additional procedure for collecting personal information from children) However, if Poze collects any personal information from children under 13 or equivalent minimum age as prescribed in the laws in relevant jurisdiction for the services for unavoidable reason, Poze will go through the additional procedure of the followings for protecting that personal information of children:• verify, to the extent that efforts are reasonably made, whether they are children of the age at which consent from their guardian is required and the consenting person is an authorized one.




• obtain consent from the parents or guardian of children so as to collect personal information of children or directly send the information of products and services of Poze



• give the parents or guardian of children a notice of Company's policy of privacy protection for children including the items, purpose and sharing of personal information collected



• grant to legal representatives of children a right to access to personal information of that children/correction or deletion of personal information/temporary suspension of treatment of personal information/ and request for withdrawal of their consent provided before



• limit the amount of personal information exceeding those necessary for participation in online activities





8. Modification of Privacy Protection Policy



Poze has the right to amend or modify this Policy from time to time and, in such case, Poze will make a public notice of it through bulletin board of its website (or through individual notice such as written document, fax or e-mail) and obtain consent from the users if required by relevant laws.





9. Others





10. Contact information of Company



Please use one of the following methods to contact Poze should you have any queries in respect to this policy or wish to update your information:



•Company name : Poze



Address : Unit 401-13, 4th floor, 305, Gongji-ro, Chuncheon-si, Gangwon-do



Tel.: +82 10 4759 2502



E-mail: help@pozeapp.io






(Add the following if designated of data protection officer) Poze designates the following Data Protection Officer (DPO) in order to protect personal information of customers and deal with complaints from customers.



DPO of Poze



Adress: Unit 401-13, 4th floor, 305, Gongji-ro, Chuncheon-si, Gangwon-do



Tel.: +82 10 4759 2502



E-mail: help@pozeapp.io






(Add the following if the controller operating outside of the EU designates its deputy in the EU) Poze designates a deputy in the EU in order to protect personal information of customers and deal with complaints from customers.



Deputy of Poze



Adress: Unit 401-13, 4th floor, 305, Gongji-ro, Chuncheon-si, Gangwon-do



Tel.: +82 10 4759 2502



E-mail: help@pozeapp.io






The latest update date: March 18th, 2019.





Appendix of Privacy Protection Policy






<1> Lawful processing of personal information under GDPR



Processing personal information by Poze shall be lawful only if and to the extent that at least one of the following applies:



• A user has given consent to the processing of his or her personal information.



• Processing is necessary for the performance of a contract to which a user is party or in order to take steps at the request of a user prior to entering into a contract:



- Member management, identification, etc.



- Performance of a contract in relation to providing the services required by users, payment and settlement of fees, etc.



• Processing is necessary for compliance with a legal obligation to which Poze is subject



- Compliance with relevant law, regulations, legal proceedings, requests by the government





• Processing is necessary in order to protect the vital interests of users, or other natural persons



- Detection of, prevention of, and response to fraud, abuse, security risks, and technical issues that may harm users or other natural persons



• Processing is necessary for the performance of a task carried out in the public interest or in the excise of official authority vested in Poze



• Processing is necessary for the purposes of the legitimate interests pursued by Poze or by a third party (except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child).





<2> User’s right when applying GDPR



The users or their legal representatives, as main agents of the information, may exercise the following rights regarding the collection, use and sharing of personal information by Poze:





• The right to access to personal information;



The users or their legal representatives may access the information and check the records of the collection, use and sharing of the information under the applicable law. • The right to rectification;




- The users or their legal representatives may request to correct inaccurate or incomplete information.



• The right to erasure;



- The users or their legal representatives may request the deletion of the information after the achievement of their purpose and the withdrawal of their consent.



• The right to restriction of processing;



- The users or their legal representatives may make temporary suspension of treatment of personal information in case of the disputes over the accuracy of information and the legality of information treatment, or if necessary to retain the information.



• The right to data portability



- The users or their legal representatives may request to provide or transfer the information.



• The right to object



]>- The users or their legal representatives may suspend the treatment of personal information if the information is used for the purpose of direct marketing, reasonable interests, the exercise of official duties and authority, and research and statistics.



• The right to automated individual decision-making, including profiling



- The users or their legal representatives may request to cease the automated treatment of personal information, including profiling, which has critical impact or cause legal effect on them.





If, in order to exercise the above rightss, you, as an user, use the menu of 'amendment of member information of webpage or contact Poze by sending a document or e-mails, or using telephone to Poze ( person in charge of management of personal information or a deputy), Poze will take measures without delay: Provided that Poze may reject the request of you only to the extent that there exists either proper cause as prescribed in the laws or equivalent cause.





<3> Data transfer to other countries



Considering it engages in global businesses, Poze may provide the users' personal information to the companies located in other countries for the purpose as expressly stated in this Policy. For the places where the personal information is transmitted, retained or processed, Poze takes reasonable measures for protecting those personal information.





(If used in the US, additional security measures may be available) In addition, when the personal information obtained from the European Union or Switzerland is used or disclosed, Poze may have to comply with the US-EU Privacy Shield and Swiss-US Privacy Shield, take other measures or obtain consent from users so far as those complies with the regulations of EU so as to use a standardized agreement provision approved by executing organizations of EU or securing proper safe measures.





<4> 3rd party's sites and services



The website, product or service of Poze may include the links to the ones of a 3rd party and the privacy protection policy of the site of 3rd party may be different. Thus, it is required for the users to check additionally that policy of a 3rd party site linked to the site of Poze.





<5> Guide for users residing in California



If the user resides in California, certain rights may be given. Poze prepare preventive measures necessary for protecting personal information of members so that Poze can comply with online privacy protection laws of California.





In case of leakage of personal information, an user may request Poze to check the leakage. In addition, all the users in the website of Poze, can modify their information at any time by using the menu for changing information by connecting their personal account.





Moreover, Poze does not trace the visitors of its website nor use any signals for 'tracing prevent'. Poze will not collect and provide any personal identification information through ad services without consent of users.





<6> Guide for users residing in Korea



Poze guides several additional matters to be disclosed as required by the information network laws and personal information protection laws in the Republic of Korea as follows:





(1) Information collected



The items collected by Poze are as follows:



• Examples of required information





Title of service


Items to be collected(examples)


Internet


membership


service


∘ Name, email address, ID, telephone number, address, national information,


encoded identification information (CI), identification information of overlapped


membership (DI)



∘ For minors, information of legal representatives (name, birth date, CI and DI of legal


representatives)


Online


payment


service


∘ Name, address, telephone number, and email address



∘ For payment with credit card : name of card company, number and expiration of card



∘ For small sum payment charged on the mobile phone: mobile phone number, payment approval number



∘ For payment by remittance: name of bank, account number and password of account



∘ For deposit without a bankbook: name of remitter, contact information



∘ Delivery information including delivery address, name and contact information of recipient



∘ Information of bid, purchase and sales


Social


network


service


∘ Name, email address, ID, telephone number, address, national information, address list (acquaintance)



∘ Information of place of taking pictures and date of creation of files



∘ Information of service use of members such as the type of contents watched or used by members, frequencies and period of activities of members


In the course of using services, the information as described below may be created and collected:



∘ Information of devices (equipment/device identifier, operation system, hardware version, equipment set-up and telephone number)



∘ Log information (Log data, use time, search word input by users, internet protocol address, cookie and web beacon)



∘ Location information (Information of device location including specific geographical location detected through GPS, Bluetooth or Wifi)



∘ Other created information






• Examples of optional items



The user may reject the collection and use of optional items and, even in case of rejection, there is no limit on use of services





Purpose of collestion


Items to be collected(examples)


User analysis


∘ The reason for membership, occupation, marriage status, wedding anniversary, interest category and SNS account information


Provision of


customized ad


∘ Contents and result of marketing activities and event participation


Delivery of


urgent notice


∘ Information provided by the users regarding execution, maintenance, execution, management of other agreements and event participation


Marketing


∘ Preference, advertisement environment, visited pages regarding service use of users




• Additional procedure for collection of sensitive information



If collection of sensitive information is indispensible, Poze may collect it by going through lawful procedure in accordance with relevant laws and regulations. The sensitive information which may be collected by Poze is as follows:






∘ Thoughts and belief



∘ Membership of and withdrawal from labor union or political party



∘ Political opinions



∘ Information of health and sexual life



∘ Genetic information obtained from the result of gene test



∘ Information of criminal record including announcement, exemption and suspension of sentences, care and custody, protective custody, treatment and custody, probation, lapse of suspension of sentence and cancellation of suspension of execution.





(2) Commission for collected personal information





For carrying out services, Poze commissions external professional companies (subcontractors) to process personal information as follows. This commissioned works for processing personal information is carried out by each subcontractor and service only if necessary for providing that service.





In commissioning process of personal information, in order to secure safety of personal information , Poze supervises and ensure to expressly state in the agreement with subcontractors so that those subcontractors will safely process personal information by strictly complying with directions regarding personal information protection, keeping personal information secret, not disclosing it to a 3rd party and being liable for accidents and returning or destructing personal information upon termination of the commission or process.





Name of subcontractors


Description of commissioned works (services)


AAA


Customer service




(3) Details of provision of personal information to 3rd party






Except for the following cases, Poze does not disclose or provide personal information of the users to a 3rd party:






Recipients of information


Purpose of use of recipien Items to be provided


Period of retention and use of recipient


BBB


Provision of service


tie-up


ID, Name and age


Until the date when the purpose of use is achieved or period as required by the laws





(4) Period for retention and use of personal information



In principle, Poze destructs personal information of users without delay when: the purpose of its collection and use has been achieved; the legal or management needs are satisfied; or users request: Provided that, if it is required to retain the information by relevant laws and



regulations, Poze will retain member information for certain period as designated by relevant laws and regulations. The information to be retained as required by relevant laws and regulations are as follows:



∘ Record regarding contract or withdrawal of subscription: 5 years (The Act on Consumer Protection in Electronic Commerce )



∘ Record on payment and supply of goods:5 years (The Act on Consumer Protection in Electronic Commerce )



∘ Record on consumer complaint or dispute treatment: 3 years (The Act on Consumer Protection in Electronic Commerce )



∘ Record on collection/process, and use of credit information: 3 years (The Act on Use and Protection of Credit Information )



∘ Record on sign/advertisement: 6 months(The Act on Consumer Protection in Electronic Commerce )



∘ Log record of users such as internet/data detecting the place of user connection: 3 months(The Protection of Communications Secrets Act )



∘ Other data for checking communication facts: 12 months (The Protection of Communications Secrets Act )





(5) Procedure and method of destruction of personal information



In principle, Poze destructs the information immediately after the purposes of its collection and use have been achieved without delay: Provided that, if any information is to be retained as required by relevant laws and regulations, Poze retain it for the period as required by those laws and regulations before destruction and, in such event, the personal information which is stored and managed separately will never be used for other purposes. Poze destructs: hard copies of personal information by shredding with a pulverizer or incinerating it; and delete personal information stored in the form of electric file by using technological method making that information not restored.





(6) Technical, managerial and physical measures for protection of personal information




In order to prevent the loss, theft, leakage, alteration or damage of personal information of the users, Poze takes technical, managerial and physical measures for securing safety as follows:





Items


Examples


Technical


measures


∘ Utilize security servers for transmitting encryption of personal information



∘ Take measures of encryption for confidential information



∘ Install and operate access control devices and equipments



∘ Establish and execute internal management plan


Managerial


measures


∘ Appoint a staff responsible for protecting personal information



∘ Provide education and training for staffs treating personal information



∘ Establish and execute internal management plan



∘ Establish rules for writing passwords which is hard to be estimated



∘ Ensure safe storage of record of access to personal information processing system



∘ Classify the level of authority to access to personal information processing system


Physical measures


∘ Establish and operate the procedure for access control for the facilities for storing personal information



∘ Store documents and backing storage containing personal information in safe places which have locking device






(7) Staff responsible for managing personal information



The staff of Poze responsible for managing personal information is as follows:



• Name of staff responsible for managing personal information:



Dept. : Poze



Tel. : +82 10 4759 2502



Contact : help@pozeapp.io






The latest update date: 18th, March, 2019.







Terms of Use


Application and Website Terms of Use


Version 1.0


The Poze application and website located at Google Play , App Store and https://www.instagram.com/poze.official/ are a copyrighted work belonging to Poze. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.


The Poze application service is a content recommendation service that helps you take better photos or videos. Any judgment regarding its use shall be made by the user. Poze is not liable for any accidents caused by the use of this service based on the user's judgment.


If the Poze service does not conform to the tourism regulations of the region where you're travelling, be sure to obey the local regulations at all times. It is the user's responsibility to act in accordance with a particular region's laws and regulations.


All such additional terms, guidelines, and rules are incorporated by reference into these Terms.


These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 13 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.


These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator and the Privacy Policy Template.


Access to the Site


Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.


Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.


Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.


No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.


Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.


Third-Party Links & Ads; Other Users


Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.


Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.


You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."


Cookies and Web Beacons. Like any other website, Poze uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.


Disclaimers


The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.


Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.


Limitation on Liability


To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.


To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.


Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.


Copyright Policy.


Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:


your physical or electronic signature;


identification of the copyrighted work(s) that you claim to have been infringed;


identification of the material on our services that you claim is infringing and that you request us to remove;


sufficient information to permit us to locate such material;


your address, telephone number, and e-mail address;


a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and


a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.


Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.


General


These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.


Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.


Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Unit 401-13, 4th floor, 305, Gongji-ro, Chuncheon-si, Gangwon-do. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.


Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.


Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.


Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.


Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.


Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.


Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.


Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.


Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.


Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.


Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.


Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.


Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.


Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.


In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.


The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.


Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.


Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.


Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.


Your Privacy. Please read our Privacy Policy.


Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.


Contact Information


Address: Unit 401-13, 4th floor, 305, Gongji-ro, Chuncheon-si, Gangwon-do


Email: help@pozeapp.io





LICENSED APPLICATION END USER LICENSE AGREEMENT



* We, Poze, follow the lasted updated version of Licensed Application End User License Agreement.


Here is the link to EULA of Apple: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/


Legal - Licensed Application End User License Agreement - Apple

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“C...


www.apple.com




Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.


a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).


b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.


c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.


d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.


e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 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.


f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR 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 Licensor’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 dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


g. 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons 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 purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.


h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.


i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:


If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.


Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.








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