Last updated: 2019/05/09
Eula (this “Agreement”) constitutes part of a binding agreement between Peyote Digital (“we”, “us”, or “our”) and each end user (“you” or “your”) regarding your downloading, installation and use of our mobile software ( the “App” or “Software”) and related services ( the “Service” or “Services”). YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.
1-GENERAL RESTRICTIONS ON USE
1.1 Subject to your compliance with this Agreement, we hereby grant you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:
1.1.1 you agree not to distribute any part of or parts of the App or any element of the Service, in any medium without our prior written authorization, provided that you ensure such distribution is compliant with this Agreement;
1.1.2 you agree not to alter or modify any part of the Service;
1.1.3 you agree not to use the Service for any commercial use, including without limitation the following uses, unless you obtain our prior written approval:
(a)the sale of access to the Service;
(b)the sale of advertising, sponsorships or promotions placed on or within the Service.
1.1.5 you agree not to collect or harvest any personal data of any user of the Service;
1.1.6 you agree not to use the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
1.2 You agree that you will comply with all of the other provisions of this Agreement at all times during your use of the App and the Service.
1.3 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
2-INTELLECTUAL PROPERTY POLICY
2.1 The App is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests with regard to this Software. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China (hereinafter referred to as “PRC”) and relevant international agreements and other intellectual property laws and regulations.
2.2 Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and we reserve the right to undertake appropriate steps against copyright offenders.
2.3 Your use of the Service is conditioned upon your agreement not to use the Service to infringe the intellectual property rights of others in any way. We may terminate its engagement with any user who is suspected of infringing the copyrights, or other intellectual property rights, of others, or may, at our sole discretion, take other actions against such users. In addition, it is our policy, in appropriate circumstances, at its discretion and in accordance with applicable laws, to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
3.1 As the App user you may submit graphics, photos, videos, and any other materials (“collectively called Content”). You understand that, whether or not Content is published, we do not guarantee any confidentiality with respect to Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and is not responsible for any loss of Content.
3.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to us and other users of the Service to access to and use you Content.
3.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
3.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content for the purposes of the provision of the Service by us, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
3.5 You agree that your conduct through the App will comply with (and you agree that the content of all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (c) your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
3.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
3.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
3.8 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in this Agreement. and may remove such Content and/or terminate a user’s access for uploading Content which is in violation of this Agreement, at any time, without prior notice and at our sole discretion.
4.2 The App may request your permissions to use your end-device’s camera and photo album during regular operation, and to receive notice from us. If additional authority is required, we will ask for your permission in advance.
5.1 Some of the Services (e.g. obtaining updated footage, unlocking advanced features) provided by the App will need to be paid for use, but we will provide a free trial period for use. You may choose our monthly package and annual package for the paid services. Once the fees are duly paid in full, you will acquire the paid services within the subscription period. For paid services, we will obtain your consent before collection of payment. In the future, the App may comprise further paid services. If you already subscribed the paid services during the period the further paid services is updated, you will be able to use the further paid services during the subscription period without extra charge, provided that: 1) no extra charge is required by us; 2) you update the App as may be required to use the further paid services.
5.2 For any paid services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with Apple, Google or a third party, that governs your use of a given payment processing method.
5.3 We could modify about our payment policy according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.
7-LIMITATIONS OF LIABILITIES AND DISCLAIMER
7.1 You acknowledge and agree that the Software and Services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
7.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
7.3 In view of business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
7.4 The oftware which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
7.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
7.6 We assume no liability or responsibility for any loss or damage arising from the use, edition, adaption or modification of the photo or picture maintained or kept by the user, or for any loss or consequence of posting or releasing of the photo information to any other third-party websites or resources that are accessible via the Software.
8.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
8.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement (including the updated agreement following) will remain effective.
8.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
8.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.
We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. Such amendment will be notified or published at the interface of the App once it is updated. Your continuous use of the App will be deemed as your acceptance of such update.
10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
10.4 The validity and interpretation of this Agreement is applicable to laws of the Turkey. If any provision in this Agreement conflicts with the Turkish Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both us and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Peyote Digital. Commission in accordance with its then current Arbitration Rules.
10.5 We reserve the final interpretation right on this Agreement.
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