Our app, Hexaflexagons, (the "App") is operated by Vuxo I, Corporation (collectively, "Vuxo" or "we" or "us"). By using the App, including accessing the App or using any of the services provided on or through the App (the "Services"), you agree to be bound by the terms and conditions that follow (the "Terms of Service"), as we may modify them from time to time. These Terms of Service apply to your use of the App and the Services (the App and the Services are collectively referred to as “App/Services”). If you do not agree to these Terms of Service, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Service, you may not use the App. Notwithstanding anything to the contrary herein, if you and Vuxo have entered into a separate written agreement that covers your use of the Services, the terms and conditions of such agreement will control with respect to those Services to the extent they are inconsistent with these Terms of Service.
The App allows you to design hexaflexagon paper puzzles that you can print and fold at home. Puzzles can be customized with photos, text, and colors.
You must be 18 years of age or older to be eligible to use this App or any of the Services. (Alabama residents must be 19 years of age or older.) Any use of the App by anyone under 18 years of age is unauthorized and violates the Terms of Service. By using the App and/or the Services, you represent you are 18 years of age or older (Alabama residents must be 19 years of age or older). You further agree to and to abide by the Terms of Service. In the event you violate any of the terms or conditions set forth in the Terms of Service, we may terminate your access to and use of the App and/or the Services, including, without limitation, deleting your account and information.
Our privacy policy explains your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to the App/Services as well as all related sites, applications, services and tools regardless of how you access or use them.
Vuxo offers in-app purchases to access enhanced functionality and to purchase premium designs. Payments will be processed through the Google Play or iTunes app store through which you originally downloaded the application. You may access the in-app purchase rules and policies directly from the app stores.
Although you may star designing your hexaflexagon without creating an account, an account is required in order to receive your design via email so that you can print and fold it.
If you provide false, inaccurate, incomplete, or misleading information, we may cancel and/or terminate your account, terminate any agreement you may have with us, and restrict your future use of the App and/or Services.
You may not open an account for any third party.
In addition to the each of the terms above, you agree that you will not:
Vuxo is continuously updating and changing the App/Services, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App/Services (or any aspect thereof) with or without notice. You agree that Vuxo will not be liable to you or to any third party for any modification, suspension or discontinuance of the App/Services (or any aspect thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Service at any time by posting revised terms on the App. It is your responsibility to check periodically for any changes we may make to the App/Services and these Terms of Service. Your continued use of the App/Services following the posting of changes to these terms or other policies means that you accept and agree to the changes.
When you use the App and/or Services, Vuxo collects both personally and non-personally identifiable information about you and your use of the App/Services. Such information includes: (i) what you intentionally submit to us while using the App/Services, including, for example, by filling out forms with your contact information, and (ii) information that may be collected automatically while you use the App/Services, including, for example, your IP address, your IP host, session duration, and "click stream" data that tracks user activity in the App/Services. We also collect your mobile phone number in connection with the registration process.
We generally use or disclose the information that we collect through the App/Services to conduct research on and to improve the App/Services, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.
Vuxo takes steps to protect the security of the personally identifiable information that we collect, including, for example, physical, electronic, and procedural safeguards.
If you have any questions, please contact us by e-mail at hello+terms@hfgon.com. We will do our best to look into your request and respond promptly.
The App may contain links or framing to third party websites, and third party websites may link or frame their website to our website. Vuxo is not responsible for the information, the contents, or the policies and practices of those third party websites.
Any reliance upon the App and/or Services will be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the App and/or Services, will be liable or responsible if the App is not accurate, reliable, complete or current in any respect. Neither we, nor any third party involved in creating, producing or delivering the App and/or Services, has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the App and/or Services, or any aspect thereof.
ALTHOUGH VUXO WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE SITE/SERVICES, ALL ASPECTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". VUXO AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE "VUXO PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, THE SITE, SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE VUXO PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (ii) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR SERVICES OR ANY ASPECT THEREOF; (iii) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (iv) THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY VUXO PARTY; AND (v) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE VUXO PARTIES MAKE NO WARRANTIES.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE LICENSE AGREEMENT.
YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE VUXO PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE/SERVICES. YOU AGREE THAT YOUR ACCESS AND USE OF THE SITE/SERVICES, PRODUCT, AND ANY CONTENTS OF THE SITE/SERVICES IS AT YOUR RISK.
VUXO WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION, PRODUCT, AND/OR OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE/SERVICES.
UNDER NO CIRCUMSTANCES WILL ANY OF THE VUXO PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE SITE/SERVICE OR PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF VUXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF SERVICE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
You agree to indemnify, defend and hold harmless the Vuxo Parties from and against any and all third party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, use or misuse of any aspect of the App/Services, or your violation of these Terms of Service or a separate License Agreement. You will cooperate as fully as reasonably required in the defense of any such claim or demand. Vuxo and any third party involved in creating, producing or delivering the App/Services reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without the prior written consent of Vuxo and any such third party.
Some areas of the App/Services may use and require that your computer accept "cookies". Cookies are small text files that are stored on your computer to keep track of settings or data for a particular website. Cookies make it possible and easier for you to access and use certain areas of the App/Services. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the App/Services.
The App/Services may use various trademarks, service marks, brand names, trade names and logos of Vuxo and of other third parties. All of these trademarks, service marks, brand names, trade names and logos are the property of their respective owners. You agree not to use or display any of them in any manner without the prior written permission of the applicable owner.
Vuxo is headquartered in the State of California of the United States. These Terms of Service and your use of the App/Services will be governed by the laws of the State of California without regard to its conflicts of laws principles. The federal and state courts located in the State of California will be the exclusive jurisdiction for any action brought against Vuxo in connection with these Terms of Service or the use of the App/Services. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of California, San Francisco county, and to the jurisdiction of the federal and state courts located in any State where you are located, for any action brought against you in connection with these Terms of Service or use of the App/Services. If any material in the App/Services, or your use of the App/Services, is contrary to the laws of the place where you are when you access it, or if Vuxo is not licensed as required by applicable laws or regulations in such locale, then the App/Services is not intended for you, and we ask you not to use the App/Services. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
These Terms of Service contain the entire understanding of the parties with respect to the App/Services and supersede any prior oral or written statements and documents with respect to such subject matter. Notwithstanding the foregoing, these Terms of Service do not supersede any written license agreement signed by both the parties. Your obligations under these Terms of Service are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the App/Services or any aspect hereunder, in whole or in part, without the prior written consent of Vuxo. If any portion of these Terms of Service are held to be invalid, illegal or unenforceable, then that part will be deemed severed from these Terms of Service without invalidating the remaining provisions of these Terms of Service or affecting the enforceability of the remaining provisions. If a provision is held to be invalid, illegal or otherwise unenforceable, it will be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by Vuxo of any right under or term or provision of these Terms of Service will be deemed a waiver of any other right, term or provision of these Terms of Service at that time or a waiver of that or any other right, term or provision of these Terms of Service at any other time. Headings are for reference only.
Should you have any questions concerning these Terms of Service, or if you desire to contact us for any reason, please contact us at hello+terms@hfgon.com.