INTELLECTUAL PROPERTY RIGHTS OF CUSTOMKAOS AND THIRD PARTIES

CustomKaos grants you a personal, revocable, limited, non-transferable license to use the App on either (a) any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions, or (b) or any Android-enabled mobile device subject to the Google Play Terms of Service or the Android Market Terms of Service and Policies, as applicable (the “Usage Rules”).

This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App or any Design (either in whole or in part).

All updates and upgrades to the App will be governed by the version of these Terms published by CustomKaos as of the date you install such update or upgrade. Any rights not expressly granted herein are reserved.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the App and Site are protected by copyrights, trademarks and/or other intellectual properties owned, and are controlled or licensed by CustomKaos.

By uploading a Design to the App, you agree that all Designs and Remixes are subject to the following rules, with which you will comply and to which you consent:

• Although we reserve the right to review, and in our sole discretion, refuse to post or remove, any Design or Remix at any time, you agree that we are under no obligation to monitor or control, and shall have no liability for, any Design or Remix.
• You shall not post any Design or make any Remix that is illegal, obscene, threatening, defamatory, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or that contains any political campaigning, commercial solicitation, or that is false, dishonest, or commercial in nature, or that would otherwise create liability or violate any local, state, national or international law, including use of any person’s name or likeness without permission.
• Although the App, and your Lockers, allow you to store Designs and Remixes, this function is offered as a convenience only and is not an archive and CustomKaos shall have no liability to you or any other person for loss, damage, or destruction to your Designs or Remixes.
• Any opinions, statement, advice or other information presented or disseminated in your Designs or are solely made by you and you are solely responsible and liable for such opinion, statement, advice or other information.
• As between you and CustomKaos, you are the sole owner of, and are solely liable and responsible for your Designs and your Designs reside on our systems or networks solely at your direction as a user of the Service under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).

By submitting a Design via the App, CustomKaos websites and its affiliate, you grant to CustomKaos a perpetual, irrevocable, royalty-free right and license to store your Design on our servers and to display your Design via the App, CustomKaos websites and its affiliate. In addition, for so long as you elect to make your Design available in a public Locker, you grant to CustomKaos a royalty-free right and license to display your Design to all other CustomKaos users, reproduce and sell your Design on Products, and to permit all other CustomKaos users to incorporate your Design into a Remix. While you may remove your Design from your public Locker at anytime and terminate this license with respect to the display of your Design to other users via the App, you agree that the foregoing license is perpetual and irrevocable with respect to Products that have already been sold featuring your Design and Remixes that incorporate some or all of your Design. You also expressly waive, discharge, and forever release all rights and causes of action to prohibit and enforce against any copying, performance, display, distribution, use or exploitation of, derivative works of your Designs to the extent such Derivative works are included in a Remix created during any time in which your Design is store din a public Locker.