Please read this Agreement before using the Service to understand your legal rights and obligations associated with the Service under this Agreement. If you do not consent to the terms of this Agreement, please do not use our Service.
By using or accessing our Service, you confirm your acceptance to the terms of this Agreement.
1. Access to our Service
Our Service is intended to serve users who exceed 18 years of age or those that exceed 13 years and have the consent of their parent or guardian, provided that such consent is successfully verifiable. By accessing and using our Service you confirm and represent that you meet such requirements and are therefore eligible to use the Service. Our Service is only intended to serve users residing in the contiguous United States of America, Alaska, Hawaii, Puerto Rico, US Virgin Islands and American Samoa. We reserve the right to restrict your access to our service even if you meet the above criteria.
2. Grant of License
You are granted a limited, non-exclusive, royalty-free, non-transferable, non-sublicensable and revocable license to use our Service for a lawful, non-commercial and personal use. This license is granted subject to your continued compliance with this Agreement.
3. Class Action Waiver
By entering into this agreement, you agree that any legal action, dispute or claim arising out of or relating to this agreement, shall be brought by you solely in your individual capacity and not as a member or representative in any class or collective proceedings, or as a private attorney general unless required under applicable law.
4. Intellectual Property
Our “Intellectual Property” includes without limitation, our Service, its contents, features and functionality which are comprised of information, software, text, displays, images, video, audio and applications as well as copyrights, trade names, trademarks, trade dress, logos, service marks, source code, domain names, and/or any other form of intellectual property that relates to our Service. Our Intellectual Property is owned by us or other third parties and is protected from any unauthorized use, copying and dissemination. Your license to use or access the Service does not give you any ownership rights, interests, title to our Service or any content contained therein. You may not copy, reproduce, edit, port, sub-license, distribute, transmit, market, transfer, disassemble, reverse engineer, create derivative works of, or otherwise exploit our Service and/or its content and source code commercially or without our prior permission.
We appreciate all suggestions and feedback given to us, whether solicited or not. In the event that you do submit to us any ideas, suggestions, designs, advertisements, photographs, information, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, where such submissions were not solicited by us in with an established agreement as to their ownership rights, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary. In that event, it will become our sole property without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations towards you with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
6. Prohibited Conduct
In addition to any other conduct or actions stated to be in contravention of this Agreement, prohibited conduct under this agreement includes but is not limited to, the following actions or conduct by the user;
- Using our Service for use that is other than lawful, personal and non commercial.
- Producing content in a manner that may imitate the general look and feel of the application.
- Removing content from the application including but not limited to any proprietary notices that may have been displayed on our Service.
- Participating in activities that may harm our Service or an individual.
- Blocking or attempting to block other users' access to or use of our Service.
- Impersonating another person or entity, or misrepresenting your affiliation with a person or entity when using our Service.
- Using our Service for activities that may be considered fraudulent, illegal, immoral or unethical.
- Using our Service to disseminate or otherwise make available harmful technologies like, trojans, logic bombs, malicious code, or any type of file or software that could be categorized as malicious, harmful, or illegal.
- Accessing our Service without authorization using bots or other automated technology including but not limited to robots, spiders, offline readers, crawlers, etc.
- Impeding or causing damage to the network, server or the equipment that is used to provide our Service
- Infringing our intellectual property or that of our affiliates, business partners or any other third party
- Violating the terms of this Agreement
Such activities may result in the user being blocked from our Service and prohibited to use our Service entirely.
7. Modifications to the Service
We reserve the right to make modifications to our Service including without limitation, changes to the features or functionality available on our Service and/or restricting certain features or functionality and/or removing any features altogether. Such modifications will be at our sole discretion and without any obligation to give prior notice of such modification to our users.
We may from time to time include features that would require payment on your part to access these paid features. Such features may include the entirety of the Service itself. We make no representation to the fact that our Service whether wholly or partly is free-to-use and will stay that way in the future. We may, at our discretion, may set fees for the usage of our Service in its entirety or a part. Such fees must be paid in full at the time of payment, in order to enjoy the required access. If any fees are paid partially, it would be considered as non payment, with the full amount considered due.
9. Third-parties or affiliates
Our Service may contain links to third party affiliate websites or applications offering their services and/or products and from whom we may receive revenue, without any cost to you, if you click on such links to affiliate websites or if you were to download such applications from our Service and thereafter make a purchase on their website(s) or download such applications.
Our Service may also contain links to third parties that were provided for the convenience of the users. We do not claim to hold any affiliation to such third parties nor do we accept any responsibility for any harm that may be caused through these third parties.
List of Third parties used by the Service
PhotoEditor - Copyright (c) 2020 Burhanuddin Rashid
You agree that we shall not be held responsible or liable for any damage or loss arising out of your interactions with a third-party affiliate website(s) or application. We are not to be held accountable for the enforcement of any obligations resulting from a contract between you and any third-party affiliate as we are not a party to that contract and as a result, shall not be obligated to intervene between the parties to any such contract.
You agree that we shall not be held liable for any loss from your use of our Service that was caused by third parties directly or indirectly. We do not make any claims or warranties regarding the usability, safety, reliability and overall ability of the third parties used by the Service.
You expressly agree and accept that you will not involve us in any legal proceeding(s), investigation(s), audit(s) or arbitration deployed to resolve any and all disagreements between you and such third party affiliates.
10. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. Unless specifically provided in the Terms, we explicitly disclaim any and all warranties of any kind, whether expressed or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise to the fullest extent permitted by law, Without restricting the prior statement, the we do not make any warranty that (i) access to the Service will be timely, secure, uninterrupted, error free; (ii) the Service will meet your requirements; (iii) defects, if any will be corrected; (iv) the Service will be free of any malicious software, viruses, trojans, worms or logic bombs; or (v) the results obtained from the user of the Service will be accurate and/or reliable. You understand and agree that we shall not be responsible or liable for any material and/or data obtained or downloaded through the use of the Service . Your use of the Service is at your own risk and you will have the sole responsibility for any damage to your computer system or loss of data that results from the download of any material and/or data from the Service. Unless stated herein, no warranty shall be created by any advice or information, whether oral or written, that you may obtain, either through direct communication with us or through the Service itself.
11. Limitation of Liability
You understand and agree that us, and our, agents, business partners, suppliers, parents, subsidiaries, representatives or affiliates would not be held liable under any circumstance for any special, indirect, incidental, exemplary or consequential damages, including without limitation, any loss of use, goodwill,data, profits, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. Application of this clause would be regardless of the manner in which damages occurred, and on any theory of liability, whether for breach of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the Service itself, (2) the use of, or the inability to use, items purchased from third-party websites linked on the Service; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the Service.
You agree to indemnify and hold harmless us and any of our representatives from and against any and all claims, demands, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys' fees and litigation costs arising from or in any way connected with (i) your use of the Service; (ii) any information transmitted or submitted through the Service; (iii) privacy, tort or other claims relating to any personal information provided to us by you that is not owned by you, in dereliction to the terms of this Agreement; and/or (iv) your breach of any of the terms of this Agreement.
13. DMCA Policy and Notice
If you are a copyright holder, authorized to act on behalf of one, or authorized to act under any exclusive right granted by a license of a copyright, you can report alleged infringements of copyrights taking place on or through the Service by completing a DMCA notice of the alleged infringement, as described below, and submitting it to our Designated Agent. Upon receipt of such notice, we will take action that we deem appropriate, including removal of the challenged content or material from the Service. Such action would be based on our sole discretion. Information required for the notice under DMCA:
Electronic or physical signature of the copyrighted work owner (or authorized person)
A description of the copyrighted work, including the URL where this infringing content is available or a copy of it
Your contact details: email address, telephone, and address
A statement that the work is not authorized by the copyright owner made in “good faith”
A statement by the person who sends the takedown notice, made under penalty of perjury that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf
14. Modifications to the Agreement
We reserve the right to amend these Terms, without prior notice at our sole discretion, by updating this posting on the Service. Your continued use of the Service post the amendment of the Terms would constitute your acceptance of such updated Terms. We encourage you to always review the Terms whenever you access the Service to see if a new version has been posted.
15. Other Penalties
You agree that we may impose other penalties including but not limited to suspension and/or termination of your use of the Service upon your violation of this Agreement. We reserve the right of suspension or termination of your use of the Service for any reason it may deem necessary with immediate effect and is unbound from resuming such services unless compelled by law.
If any provision(s) of this Agreement is declared to be unlawful or unenforceable for any reason then only that provision shall be removed and the remainder of the Agreement shall remain in full force and meaning without affecting its validity, legality and enforceability.
You agree that you will not assign any of your rights or delegate any obligations, whether by any existing legal principles or otherwise, without our prior permission in writing. We may consign these Terms in its entirety including any such terms that may be added later herein, without your consent to a corporate representative or, in relation with a merger, acquisition, corporate reorganization or sale of all or substantially all of our assets.
18. Force Majure
We will not be held liable if you suffer damages directly due to the use of our service, if that damage is cause by cessation, interruption, delay, or any kind of failure in performance if such is due to earthquakes, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
19. No Waiver
No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal actions or proceedings shall be brought forth and determined exclusively in the Courts of the County of San Francisco.
All representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your use of the service.
These Terms of Service supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
You can reach us at:
584 Castro St #2235
San Francisco, CA 94114-2512[email protected].