Last update May 2016
We at StellarStep (“We,” “Us”) welcome you to use the "Live Focus" mobile application available through the Apple App Store and the related Website found in http://postfoc.us (the “Application”). The Application allows users to shoot photos with their mobile phone along with the photo that are uploaded to the app from the Application website. The result is stored in your device’s local memory and can be shared using third party services.
These Terms of Use (collectively the “Terms”) set forth the legally binding terms and conditions which are applicable to your use of the Application. Please be reminded that the Terms constitute an agreement between you and us. Therefore, we encourage you to carefully familiarize yourself with the Terms. By installing, accessing or using the Application (including the http://postfoc.us web-site that is forming part of the Application) you confirm that you have read and understood the Terms and any other documents referred to herein, including without limitation our Privacy Policy, and that you agree to be bound by the Terms. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms. Your use of the Application constitutes your acceptance of the Terms. Consequently, if you do not accept or understand the Terms, please do not use, install, access or register with the Application (including any software or application forming part of the Application). If you do not agree to these Terms, you are not entitled to use the Application, in which case you must promptly uninstall and delete all copies thereof.
From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will provide notice of such changes by posting a notice inside the Application and updating the "Last Updated" date above. If you continue to use the Application following such a posting, you accept any such change or modification. We wish to remind you that you are solely responsible for any material or content that you upload and post on the Application, regardless of the manner in which you upload or post it. Similarly, your use of, or reliance on, any material or content posted in the Application is at your own risk, and you are solely responsible for your activity with the Application.
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content uploaded, posted, e-mailed, transmitted, or otherwise made available in the Application.
We may, but have no obligation to:
You represent and warrant that you will use the Application in compliance with any and all applicable laws and regulations. Use of the Application is unauthorized in any jurisdiction where the Application or any part of it may violate any laws or regulations. You agree not to access or use the Application in such jurisdictions.
Additionally, you represent and warrant that:
By downloading the Application through your mobile device, your mobile carrier may charge fees for the download and use of the Application. You are solely responsible for the payment of any and all such fees, such as Internet service provider or airtime charges.
These Terms confer only the right to use the Application while these Terms and the specified license(s) are in effect, and they do not convey any rights of ownership in or to the Application. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Application will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable and non-assignable license, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and to use such copy of the Application solely for your personal, non-commercial use. We reserve all rights in the Application not expressly granted to you in these Terms. The copy of the Application is licensed, not sold, to you. You agree that we and our licensors own all right, title and interest in and to the Application, including all intellectual property rights therein, and that we retain ownership of all copies of the Application even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Application.
Except as expressly specified in these Terms, you may not: (a) copy or modify, or create derivative works of the Application, including, without limitation, make adaptations or modifications to the Application; (b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Application to any third party; (c) make the Application available to multiple users by any means, including without limitation by uploading the Application to a file-sharing service or other type of hosting service or by otherwise making the Application available over a network where it could be used by multiple devices at the same time; (d) disassemble, decompile, reverse-engineer, or attempt to derive the source code of the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Application that allow you to use the Application only in certain ways.
We are not obligated to maintain or support the Application, to provide all or any specific content through the Application, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Application, disable access to the Application for any period of time or permanently, and automatically update or upgrade the version of the Application that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to you arising out of any unavailability of the Application.
The license to the Application granted under these Terms remains in effect until terminated by you or us. You may terminate the license at any time by destroying all copies of the Application in your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if you in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, you must cease all use of the Application and promptly delete and destroy all copies, full or partial, of the Application. Your termination of the license for any reason shall not release you from any liabilities or obligations set forth in these Terms which (a) have expressly been stated as surviving any such termination or expiration, or (b) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.
You represent and warrant that you will not use or otherwise export or re-export the Application to a country that is subject to a U.S. Government embargo or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also represent and warrant that you are not located in any such country or on any such list.
You acknowledge and agree that you are solely responsible for any and all use of the Application, and that you have all the rights necessary to upload content, such as any photos, information, to the Application (“User Content”). You further acknowledge and agree that User Content and your other activities in connection with the Application do not, and will not, violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, profane, sexually oriented, racially offensive, tortious, offensive or harassing.
All User Content, i.e. photo that you upload to the Application through the postfoc.us website are made public to other users of the Application. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Application, is at your sole responsibility. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Application. If you transmit User Content to the Application, you understand and agree that such User Content may be reproduced, distributed, publicly performed and publicly displayed through the Application. We do not store or automatically upload any photos you make with the Application, but those are stored locally to your phone. The following types of User Content are examples of User Content that is prohibited when using the Application:
If you see any material when using the Application that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at [email protected]. For instruction on how to report intellectual property issues, please see section VII (“Copyright Infringement”) below.
The list below contains examples of behaviors that are prohibited in the Application:
In order to ensure the integrity of the Application, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Application.
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Application that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at [email protected] with "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (1) The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (2) A sufficiently detailed description of the content on the Application that you claim infringes the copyrighted work; (3) Your contact information, including your full name, mailing address, telephone number, and email address, if available; (4) A statement that you believe in good faith that the use of the allegedly infringing content on the Application is not authorized by the copyright owner, its agent, or the law; (5) This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is infringed"; and (6) A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf.
Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please familiarize yourself with the choices you can make about the way in which we collect and use personal data about you.
In addition to what is stated in the Privacy Policy, you agree to:
Moreover, by using the Application, you consent and agree to the collection and use of certain information about you and your use of the Application in accordance with our Privacy Policy and applicable laws and regulations related to personal data.
(i) The Application is Available "AS-IS" Your access to and use of the Application is at your own risk. You understand and agree that the Application is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Application or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Application. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Application. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Application or our representatives, will create any warranty not expressly made herein.
(ii) Links to Third Party Websites The Application may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Application does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
(iii) Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATION; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ALL CASES OUR MAXIMUM LIABILITY IS LIMITED TO ANY FEES PAID BY YOU TO US.
(iv) Indemnity You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
(v) Waiver and Severability Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
(vi) Governing Law and Resolution of Disputes The laws of Korea, without regard to or application of its conflict of law provisions, will govern these Terms, and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the district court of Seoul, Korea. You hereby consent to the jurisdiction of and venue in such court and waive any objection as to inconvenient forum.
The Application is operated and provided by StellarStep. Recently We has begun the process of corporation registration. If you have any questions about these Terms, please contact us at [email protected]
We reserve the right to discontinue offering the Application or to modify the Application at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Application and/or your Membership at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.