1. Acceptance of the Terms

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The terms of use herein (“Terms”) govern the relationship between you and DD Animation Studio Sdn Bhd (“Company”, “Digital Durian”, “we”, “us”, or “our”) regarding your use of the Apps. The collection, use, and disclosure of Users’ information is detailed in the Privacy Policy available at https://www.omarhana.com/privacy-policy (“Privacy Policy”) which you should read and familiarize yourself with.

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By installing the Apps on your mobile device, entering into, connecting to, using and/or accessing any of the Apps, you acknowledge that you have read, understood and agree to be bound by the Terms, and agree to comply with all applicable laws and regulations regarding your use of the Apps and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. If you disagree with any part of the terms then you may not install any of the Apps from us.

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The Apps are offered only to individuals who possess the legal capacity to enter into these Terms or whose legal guardian has agreed to these Terms. You hereby agree that you possess the legal to enter into these Terms and to form a binding agreement under any applicable law, to use the Apps in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of majority, you agree that your legal guardian has reviewed and agreed to these Terms.

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2. The Apps

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Auto-renewal subscriptions: By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription, unless you cancel it, and you authorize us to charge your account for the renewal term. The auto-renewal may be turned off by the User in his/her app store account settings. For more information how to manage subscriptions please refer information below:

 

• For Apple: https://support.apple.com/en-en/ht202039

• For Google: https://support.google.com/googleplay/answer/7018481

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3. User Restrictions

 

You are solely responsible for your conduct through the Services.

 

You may not (and you may not permit any User or third party to): (a) use the Apps for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Apps, Content and/or User Generated Content for non-personal or commercial purposes without Company’s express prior written consent; (c) fail to pay any fees (to the extent applicable), if, for example, your credit card was blocked or the use thereof was limited in any way; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Apps and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Apps or the servers or networks that host the Apps, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Apps; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Apps; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by us on or through the Apps, including any information, videos, text, graphics, software programs used by us in connection with the Apps, materials, descriptions, data obtained from or through the Apps (collectively, “Content”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sub-license, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including our Intellectual Property (as defined below), in any way or by any means, unless expressly permitted in the Terms; (k) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (l) create a browser or border environment around our Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Apps, Content and/or User Generated Content; (n) frame or mirror any part of the Apps without our prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Apps; (p) transmit or otherwise make available in connection with the Apps any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) remove or disassociate, from the Content and/or the Apps any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (r) infringe and/or violate any of the Terms.

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4. License to use our Apps

 

Subject to the terms hereof, we hereby grant to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to download and use the App(s) on your authorized mobile telephone, device or tablet that you own or control (“Device”) solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law.

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The Terms do not convey to you an interest in or to our Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our Intellectual Property under any law.

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Any feedback, comment or suggestion provided by you to us regarding the Apps (“Feedback”) is hereby assigned to the Company which shall remain the exclusive owner of such Feedback. To the extent such Feedback is not assignable under applicable law, you hereby grant us an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any our current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that the Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.

 

5. Intellectual Property

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The Apps, Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Apps) specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Apps are licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

 

6. Procedure For Alleging Copyright Infringement

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We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address: hello@digitaldurian.tv.

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We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of our Copyright Agent by e-mail to: hello@digitaldurian.tv.

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Please note that any person who knowingly materially misrepresents under this Section (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.

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We will respond to clear notices under this Section. Please be advised that we will remove or replace User Generated Content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

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If you believe that your User Generated Content was removed by mistake, and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the User Generated Content that was removed or to which access was disabled and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the User Generated Content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement.

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