Terms of Service
ACCEPTANCE OF THE TERMS OF SERVICE
These terms and conditions outline the rules and regulations for the use of PicPlus. By accessing to the Service, we assume you accept these terms and conditions in full. If You do not agree to any of the terms in this Terms of Service, please do not access and/or use the PicPlus Service.
ACCESS TO THE PICPLUS SERVICES
PicPlus hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the PicPlus Services, provided that you will use the PicPlus Services only as permitted by these Terms.
BASIC INTRODUCTION
In order to use the service or access the content, you are agreeing to the following terms and conditions. PicPlus does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you created, you are solely responsible for all the Content that you create using the Service. It is your responsibility to make sure your use of the Services is legal where you use them. And you retain the rights to all the Content you created.
MODIFICATIONS TO THESE ITEMS
PicPlus reserves the right to alter these Terms at any time in its sole discretion. When we make material changes to the Terms, we"ll provide you with prominent notice in appropriate way, please make sure you have read the notice in advance carefully. Your continued use of the PicPlus Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. You may stop using the Service under the new version of these Terms if you object to the changes.
YOUR CONTENT
"Your Content" means any and all information and content that You submit, or use with the Service (including content found on Your profile or posts).
As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant PicPlus an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
You further agree that PicPlus is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users. Any interaction between users are solely within the users and PicPlus will not be responsible for any loss or damage incurred as the result of such interactions.
CODE OF CONDUCT
In accessing and using the App, You agree to abide by the following rules, restrictions, limitations:
You will not modify, translate, adapt or reformat the App;
You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the App (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);
You will not interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on the use of the App;
You will not use the App to gain unauthorized access to our or any third party's data, systems, networks;
You will not use the App in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the App;
You will not use the App to create content that: (a) is offensive as based on a person's age, color, race, national origin, gender identity, sexual preference, disability; (b) is unlawful, hateful, violent, threatening, harassing, racist, libelous, defamatory, profane, obscene, indecent, lewd, pornographic, abusive, harmful, sexual or otherwise objectionable; (c) is fraudulent or deceptive; (d) infringes or violates any copyright, patent, trademark, trade secret or other intellectual property rights of any party; (e) contains any personal or private information of a third party without such third party's consent; (f) contains information or content which You do not have the right to use; or (g) promotes or solicits illegal activities and products.
You will not use the App in any way that violates any rights of a third party, including intellectual property rights, data privacy rights, rights of publicity, privacy rights;
You will not use the App in any way that, in PicPlus's sole discretion, may expose us and others to liability or damages;
You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink, other proprietary rights notices contained in the App; and
You will comply with all applicable laws in Your access and use of the App, including the laws of Your country if You live outside of the United States of America.
THIRD PARTY LINKS AND ADVERTISEMENTS
The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by PicPlus and assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, PicPlus will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that PicPlus shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party"s terms and policies applies, including the third party"s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.
INTELLECTUAL PROPERTY RIGHTS
You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in these Terms of Service and that no ownership rights are being conveyed to You. PicPlus retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to PicPlus ("Feedback") and You agree that PicPlus may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to PicPlus regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
DISCLAIMER OF WARRANTIES
You agree to use PicPlus at your own risk. PicPlus is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of PicPlus, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of PicPlus may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of PicPlus or any materials contained therein.
SUBSCRIPTION INTRODUCTIONS
Payment will be charged to iTunes Account at confirmation of purchase. This subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. You can manage your subscriptions and turn off auto-renewal by going to your Account Settings in the iTunes store after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription to that publication, where applicable.
LIMITATION OF LIABILITY
PicPlus and the other PicPlus Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if PicPlus or the other PickPlus Parties have been advised of the possibility of such damages.
The total liability of PicPlus and the other PicPlus Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of PicPlus or the other PicPlus Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
INDEMNITY
You agree to defend, indemnify and hold harmless PicPlus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney"s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party"s access and use of the Service with your unique username, password or other appropriate security code.
GOVERNING LAW AND DISPUTE RESOLUTION
The Terms, Privacy Policy, and Additional Terms shall be governed by the laws of the Singapore without giving effect to any conflicts of laws principles.
SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
QUESTIONS OR ADDITIONAL INFORMATION
If you have any questions regarding the Terms, please contact us by e-mail at contact@idealabs.mobi.