INTRODUCTION

  • The herein contained End User License Agreement (the “Agreement” or “EULA”) shall be considered a legally binding agreement between you and Honeycake. (“Honeycake” or “us” or “we” or “protected party”) for the use of the software (“App”, “Application”, “applications”), website(s) (including this website) and services (Services, websites) distributed by Honeycake that you installed, as well as related updates and any upgrades necessary that we may supply to You (“related party” or “user” or “consumer”) or make available to You. Honeycake means Honeycake LLC. and/or (depending on the operation arrangement of our specific oversea product) its subsidiaries, including but not limited to Honeycake LLC.
  • The collection, use, and disclosure of Your information are governed by Honeycake’ s Privacy Policy. Furthermore, the consequences of the collection of personal information from a child under the age of digital consent and any territory-specific child protection provisions are also described in our Privacy Policy.
  • We may translate this Agreement into other languages. If there is any difference between the English version and any other language version of this Agreement, then the English version will prevail to the extent of the inconsistency.
  • By way of the installation, copying, downloading. Accessing or otherwise use of this App, you are agreeing to be legally bound by the herein contained terms of this license agreement. If you do not agree to be bound by the terms of this EULA, you then have no rights to the App and should therefore not install, copy, download, access nor use any of our applications. All our applications are protected by copyright laws, as well as any other intellectual property laws, our applications are licensed and not sold.

CHANGES TO THIS AGREEMENT

  • We may occasionally make changes to this Agreement – please review this Agreement from time to time.
  • Where we make any material changes to this Agreement (as determined by us), we will (where reasonably practicable) notify you before the change becoming effective. Any changes to this Agreement will become effective immediately upon posting by us, unless we specify otherwise.
  • By continuing to use the Licensed Application after we make any changes to this Agreement, you are agreeing to be bound by the revised terms.

OWNERSHIP

  • All title, ownership rights and intellectual property rights in and to the application(s) (including, without limitation, all text, graphics, music or sounds, messages, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Honeycake or our licensors.

LICENSING OF USE

  • Through the purchase or use of the Application, You are acquiring and Honeycake grants You a personal, revocable, limited, non-exclusive, non-sublicensable, non-transferable license to install and use the Application for Your own non-commercial use, subject to the limitations defined in this EULA. The Application is being licensed to You and You hereby acknowledge that no title or ownership of the Application is being transferred or assigned to You and this EULA is not to be construed as a sale of any rights of the Application. Your rights granted herein are subject to Your compliance with this EULA and You agree not to use the Application for any other purposes. Any commercial use is prohibited.

RESTRICTION OF USE

  • Any use of the Application in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of Your Limited License and may trigger Your liability for violations of law.
  • Unless You have received prior written authorization from Honeycake, You agree not to:
    • (a)use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Application and/or any files that are part of the Application;
    • (b)License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or any of its parts;
    • (c)seek to disable, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing the use of any open-sourced components included within the Application;
    • (d)delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Application;
    • (e)make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;
    • (f)violate any applicable laws. rules or regulations in connection with Your access or use of the Application;
    • (g)use the Application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
    • (h)use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Honeycake;
    • (i)use any proprietary information or interfaces of Honeycake or other intellectual property of Honeycake in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
  • Honeycake reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the Restriction of Use. Furthermore, Honeycake reserves the right to take appropriate action as a result of Your violation of the terms of this EULA.

USER CONSENT

  • When you submit, upload or transmit any data, information, media or other content in the course of using the Application, you agree that:
    • (a)you are solely responsible for your content;
    • (b)you will continue to own and be responsible for your content;
    • (c)you are granting us and our affiliate companies a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your content (with no fees or charges payable by us to you) for the purposes of providing, promoting, developing and trying to improve the applications and our other services. This license includes granting us the right to copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute your content worldwide in all media and by all distribution methods, including those that are developed in the future.
    • (d)we may share your content with third parties that we work with in accordance with the Privacy Policy.
  • All such use will be in accordance with our Privacy Policy.

TERMINATION OF USE

  • The term of this EULA shall commence on the date You install or otherwise use our applications and shall end on the earlier of the date of Your disposal of the Application or Honeycake’s termination of this EULA. You may terminate this EULA by uninstalling all of the applications produced by Honeycake.
  • Uninstalling the Application does not result in a refund of the amount paid for the Application. Honeycake reserves the right, using its sole discretion, to terminate this EULA, or request that You remove the Application from Your device for any reason, including but not limited to Honeycake’s reasonable conclusion that You have violated this EULA. Promptly upon termination, You must cease all use of the Application and destroy all copies of the Application in Your possession or control.

LIMITATION OF LIABILITY

  • Under no circumstances shall we or our affiliates, Partners, Suppliers be liable for any indirect incidental consequence, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third-party content and services. Whether or not the damages were foreseeable and whether or not the company was advised of the possibility of such damages.
  • In no event shall Honeycake’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the application. This limitation applies, but it is not limited to anything related to the application(s), services, or content made available through the application. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
  • The related party acknowledges that there are inherent risks in using any kind of electronic device with any applications installed, including, but not limited to our application(s) and Services that link to this document. The activities related and/or necessary to/for using our services may incur unpredicted consequences such as device wear, addiction or emotional effects caused by the application(s) content and/or context it is used in, such as excessive emotional expression, irritation or anger, that may have consequences of their own. 
  • Usage of our Services and downloading application(s) by minors is allowed only with adult guarantor consent (written or verbal) given to the minor or by the adult guarantor himself. The usage of the application(s) and Services presumes that the application(s) is/are downloaded from the marketplace application or website that allows adults representing the related party to completely control the access to download, install and/or remove applications to/from any device and implies the adult guarantor consent on the usage of the application by minors. If the adult representing the related party discovers unauthorized installation and/or usage of the Services or application(s) by minors and disagrees with the this document’s statements, the adult representing the related party must take immediate action on removing the application(s) from all the devices accessible by minors and/or blocking a minor the ability to access our Services and application(s) from the devices accessible by minors. Not taking the actions above assumes implicit and retroactively given consent with the current document.
  • If an adult guarantor installs or gives the minor an ability to install our application(s) or to use our Services adult guarantor warrants that they have the legal authority to act on behalf of the minor and such person’s actual and implied authority to execute this waiver on their behalf.
  • To the fullest extent permitted by law the related party irrevocably affirms that the usage of our Services and applications is voluntary and knowingly, with understanding of the risks, assumes and takes responsibility on any potential consequences of using our Services or application(s) and releases the protected party from any claims of liabilities that may arise regarding the consequences of using the protected party services or application(s) including, but not limiting to, any claims of device wear, actions taken under the influence of emotions caused by usage of our Services or application(s), emotional and behavioral changes, maledictions, rumoring, infringement of moral rights, game(s) and application(s) addiction and device damage caused by the related party as the result of the emotion expression(s) and changes.

DISCLAIMER

  • The risks and consequences arising from users’ use of the information service shall be entirely borne by users, and Honeycake shall not assume any responsibility.
  • Information services rely on the Internet, mobile Internet and other third-party basic service providers. Honeycake cannot guarantee that the information service can meet users’ needs at the basic technical level controlled by basic service providers, such as fluency, timeliness, accuracy and security.
  • If the information service is interrupted, suspended or otherwise unavailable due to force majeure or reasons other than those of Honeycake, Honeycake will not assume any responsibility, but will make its best efforts to reduce or eliminate the consequences or adverse impact caused to users.

GOVERNING LAW AND DISPUTE RESOLUTION

  • a)This Agreement shall be governed by and construed under the laws of Texas excluding its conflict of law principles. The Convention on Contracts for the International Sale of Goods will not apply. You agree and acknowledge that any claims or legal actions between you and Honeycake shall be referred to the relevant Texas government authorities for arbitration which shall be conducted in accordance with such arbitration rules. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a Texas court. You hereby consent to, and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction, whether by arbitration or judicial judgment.
  • b)Subject to applicable laws and regulations, both parties confirm that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action.

CONTACT INFORMATION

  • If you have any questions about this EULA or have any requests for resolving issues with your personal data while using our services, please contact us as soon as possible by emailing us at [honeycakellc@gmail.com].

We may update this agreement from time to time with or without notification. The updated version will be effective as soon as it is accessible. If we make material changes to this document, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this document frequently to be informed of its actual statements.

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