TERMS OF SERVICE
Metaphor is an app developed by Xiao Yifan ("Metaphor", "the app", "the service", "we", "us" or "our"), for writing stories into the metadata of photos.
By accessing or using any part of Metaphor, you represent that you have read, understood, and agreed to be bound by these Terms including any future modifications. Metaphor may amend, update or change these Terms at any time. When we do so, we provide you with prominent notice by displaying it in the app. Your continued access or use of the app in any manner constitutes assent to any existing and new Terms that may be posted in the app.
You represent and warrant to Metaphor that your access and use of the app will be in accordance with these Terms and with all applicable laws, rules and regulations of the jurisdiction in which you reside. You will not use Metaphor to create and share any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights).
License to Metaphor: Subject to the terms of these Terms, Metaphor grants you a non-transferable, non-exclusive license to download, install, and use one copy of the app in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the app, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the app or any part thereof. Metaphor own and shall retain all intellectual property rights and other rights in and to the app, and any changes, modifications, or corrections thereto.
In-App Purchases: You agree to pay all fees and applicable taxes incurred by you or anyone using Metaphor with your Apple ID. Metaphor may revise the pricing for the service at any time. All financial transactions made in connection with Metaphor will be processed by a third party.
WARRANTY DISCLAIMERS, EXCLUSIONS AND LIMITATIONS: WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, METAPHOR DOES NOT WARRANT THAT THE APP IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS AND MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER MODIFIED CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT METAPHOR IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICE.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY METAPHOR SOFTWARE AND TO STOP USING THE SERVICE. IN NO EVENT WILL METAPHOR OR ITS LICENSORS BE LIABLE FOR:
(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
(2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE METAPHOR SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER METAPHOR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) ANY PERSONAL INJURY AND/OR PROPERTY DAMAGE OR:
(4) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO METAPHOR, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS YOU ACTUALLY PAID TO METAPHOR IF ANY, BY YOU TO METAPHOR FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You may terminate your agreement to the Terms at any time by either uninstalling the Metaphor or ceasing to use the app.
Metaphor may terminate your access and use of Metaphor if required by law or due to commercial or technical unavailability. In the event that Metaphor suspends or terminates your use of Metaphor, or you stop using Metaphor voluntarily, you understand and agree that you will receive no refund or exchange of any kind. Termination will not limit any of Metaphor's other rights.