VCUS Service Agreement
Last Modified: [*] 2020
Important: Before you use Pixocial, Pixocial Technology (as defined below) advises you to carefully read and make sure you understand the provisions of this Pixocial Service Agreement (the “Agreement”), especially those sections that are underlined and in bold, which might exclude or limit the liability of Pixocial Technology or highlight your obligations. Pixocial IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Pixocial. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Pixocial immediately. If you have any questions regarding Pixocial or wish to provide feedback (including, but not limited to, suggestions and complaints) to Pixocial, You can contact us via Customer Service via email at firstname.lastname@example.org.
1. Scope of this Agreement:
2. Protection of User Information and Personal Information:
3. Non-commercial Use of Pixocial:
You agree to use Pixocial in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via Pixocial for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the written consent of Pixocial Technology.
4. Your Use of Pixocial:
You shall be fully responsible for your use of Pixocial and for your User Content. You shall not produce, store or post any following information via Pixocial:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, regulations, policies, social order and information that disturbs Pixocial Technology’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by Pixocial Technology.
Although we are not obligated to monitor access to or use of Pixocial or to review or edit any User Content, we have the right to do so for the purpose of operating Pixocial, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of Pixocial. If you violate this Agreement, you agree that Pixocial Technology may, at its discretion or as required by law and policies, and without prior notice to you, take any action deemed appropriate by Pixocial Technology, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to Pixocial, ceasing to provide any services related to Pixocial.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Pixocial; (ii) “Pixocial Technology Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Pixocial (including you) through Pixocial by Pixocial Technology, including, without limitation, product features built into Pixocial such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Contentt” means any Content uploaded or provided by users of Pixocial and to be made available through Pixocial, but excluding any Pixocial Technology Content (or derivatives thereof).
These Terms of Service (individually and together with the FAQ, “Terms” or “Agreement”) are between Pixocial Technology (Singapore) Pte. Ltd. (“Pixocial Technology”, “we”, “our”, “us”) and you, an individual user (“you”, “your”, “yours”), and govern your use of mobile software applications that have been made available on Pixocial’s website or for download (each, an “App”, and together, the “Apps”) and any related websites or other online properties owned or controlled by Pixocial Technology under the Pixocial Brand (together with the Apps, the “Service”).
Your use of the service
Pixocial Technology provides you with access to Pixocial App Service free of charge, but to enjoy the full benefits of the Service and certain features or functionality, you must purchase subscription-based access to the Service. In return for enjoying free or subscription-based access to the Service, you acknowledge and agree that Pixocial Technology may generate revenues, increase goodwill, or otherwise increase the value of Pixocial app from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. If you purchase one or more subscriptions or sign up for one or more trial subscriptions to the Service, then the following terms apply:
1. Auto-renewal. You agree that, once your subscription period expires, your subscription(s) will automatically renew for successive periods equal in length to the immediately preceding subscription period unless and until you cancel your subscription(s).
2. Recurring charges. 2.You authorize Pixocial Technology’s Pixocial applicable service provider to process your payments for any renewal subscription(s). Subscription prices will be displayed to you at the time of purchase. you will be billed for the same subscription plan(s) (or the most similar subscription plan(s), if your prior plan(s) are no longer available) at the then-current subscription price plus any applicable taxes. your payments will be processed for any renewal subscription(s) using the same billing cycle as your current subscription(s). In other words, on whichever day your payment is processed for your current subscription(s), your payment will continue to be processed on that day for any renewal subscription(s). Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. Pixocial Technology (Pixocial) may partner with certain mobile carriers to offer you a special discount for the service and the terms of the payment will be subject to such offer.
3. Cancellation. 3.You may cancel your subscription(s) at any time (1) through Google Play (if you manage your Pixocial subscription through an Android device); or (2) through Apple App Store or iTunes (if you manage your Pixocial subscription through an iOS-based device). If you require further assistance, you may contact Pixocial at email@example.com. Any cancellation will not be deemed effective until Google Play or iTunes/App Store expressly confirms the cancellation has occurred in writing. Once confirmed your cancellation in accordance with the preceding sentence, you will not be charged for any subsequent subscription period. Pixocial Technology (Pixocial) has no obligation to offer or provide any refund for the cancellation of any subscription, but be aware that if you cancel your service you won’t have access to the paid service.
Pixocial Technology is entitled to charge fees for certain filters and other virtual goods that you may use with Pixocial (collectively, the “Virtual Goods”). You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else. Ownership of Virtual Goods. You acknowledge that you do not own Virtual Goods but instead, Pixocial Technology grants you a limited personal revocable license to use them for personal use in accordance with the terms of this Agreement and only within Pixocial. Use of Virtual Goods. You are only allowed to obtain Virtual Goods from us through using Pixocial, and not in any other way. Subject to our compliance with applicable laws, we may:
• control, regulate, change or remove any Virtual Goods without any liability to you;
• revise the pricing for Virtual Goods; and
By purchasing and/or using the Virtual Goods, you confirm you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”). Pixocial Technology may from time to time at its discretion update the Additional VG Terms without providing any prior notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediate cease your use Virtual Goods. Pixocial Technology may change or discontinue all or any part of the Virtual Goods, at any time and without notice, at its sole discretion, including, without limitation, making adjustments/improvements to the Virtual Goods based on Pixocial Technology’s product planning and the country or area you are in.
Content Ownership and License
Content Ownership. Pixocial Technology does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pixocial Technology and its licensors exclusively own all right, title and interest in and to the Pixocial Technology Content and all associated intellectual property rights. You acknowledge that Pixocial and the Pixocial Technology Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Pixocial or Pixocial Technology Content. For greater certainty, if you incorporate any Pixocial Technology Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights to the Pixocial Technology Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through Pixocial, you hereby grant to Pixocial Technology a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating and providing Pixocial to you and to other users of Pixocial, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote Pixocial. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Pixocial Technology and its sub-licensees are allowed to use them to the extent indicated in this Agreement.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Pixocial or outside of Pixocial. In addition, User Content you delete may persist for a limited period of time in backup copies. Pixocial Technology is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Further, where your User Content is publicly available, you acknowledge that Pixocial Technology cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Pixocial Technology has no responsibility in this regard. You agree that you will not have any claims against Pixocial Technology arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including publishing on the Internet. Pixocial Technology shall also have the right to delete or remove any User Content in its sole and absolute discretion and without prior notice to you.
Rights in Content Granted by Pixocial Technology. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 with respect to Virtual Goods, Pixocial Technology grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Pixocial and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Pixocial Technology.
Pixocial may include advertisements in connection with providing Pixocial to you, which you acknowledge supports the provision of the services by Pixocial Technology and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by Pixocial Technology or third-party partners while you are using Pixocial. Subject to Pixocial Technology’s compliance with any applicable laws related to the provision of advertisements, Pixocial Technology does not select, review or screen advertisements and is not a supplier of any of these products or services. Pixocial Technology makes no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Pixocial to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by law, Pixocial Technology is not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
We welcome feedback, comments and suggestions for improvements to Pixocial (the “Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org, or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
License for the App
Subject to your compliance with this Agreement, Pixocial Technology grants you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Pixocial Technology reserves all rights in and to the App not expressly granted to you under this Agreement.
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Pixocial or the provision of User Content, including, without limitation, actual or alleged violation of any laws, regulations or other legal rights, or any breach of any term in the Terms of Service, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to use Pixocial at your own risk. Pixocial 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 Pixocial, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Pixocial 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 Pixocial or any materials contained therein.
Limitation of Liability
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Pixocial, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or 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.
Not Responsible for Third Parties
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Pixocial may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Force Majeure and Other Grounds for Exemption
Your use of Pixocial may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Pixocial Technology shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Pixocial Technology shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by law.