Terms of Service
You indicate acceptance of these terms by your continued use of XiliuTech Beijing Co., Ltd. (“PhotoMaker”,“We”,“Us” or ”Our”) services (“Services”) which
includes the Web site located at PhotoMaker (the ”Site”) and PhotoMaker mobile phone applications
(“Mobile”).
Please read this agreement carefully before using the
services.
By using the services you accept the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement,
you will not have any right to use the services. PhotoMaker acceptance is
expressly conditioned upon your assent to all the terms and conditions
of this agreement, to the exclusion of all other terms; if these terms
and conditions are considered an offer by PhotoMaker, acceptance is expressly
limited to these terms.
The purpose of the Site and Mobile applications, owned and operated by PhotoMaker,
is to provide photo editing and photo manipulation services. The Site and
Mobile applications are accessed by you ("User" or "you") under the following
terms and conditions:
1. Access to the services
Subject to the terms and conditions of this Agreement, PhotoMaker may
offer to provide
the Services, as described more fully on the Site and in Mobile, which are selected
by you, solely for your own use, and not for the use or benefit of any third party.
Services shall include, but not be limited to, any services and applications PhotoMaker
performs for you, as well as the offering of any content on the Site and in Mobile.
We may change, suspend or discontinue the Services at any time, including the
availability of any feature, tool, database, or content. PhotoMaker may also impose
limits on certain features and services or restrict your access to parts or all of the
Services without notice or liability. PhotoMaker reserves the right, at its discretion, to
modify these Terms and Conditions at any time by posting a notice on the Site, or by
sending you a notice via e-mail. You shall be responsible for reviewing and becoming
familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of
the terms and conditions of this Agreement as modified. You certify to PhotoMaker that
if you are an individual (i.e., not a corporate entity) you are
(a) of legal age to form a binding
contract with PhotoMaker and
(b) not barred from receiving the Services under the laws of
any country including
the country in which you are resident or from which you use the Services.
The Services are not intended for children under 13 without the constant supervision
of a parent or legal guardian. If you are under 13 years of age and not under the
constant supervision of a parent or legal guardian, then please do not use the Services.
You certify that you are legally permitted to use and access the Services, and you or your
legal guardian take full responsibility for the selection and use of the Services. This
Agreement is void where prohibited by law, and the right to access the Services is revoked
in such jurisdictions. PhotoMaker makes no claim that the Services may be lawfully viewed or
that content may be downloaded from any country. Access to the Content (as defined herein)
may not be legal by certain persons or in certain countries. If you access the Services you
do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
PhotoMaker will use reasonable efforts to ensure that the Services are
available twenty-four hours
a day, seven days a week. However, there will be occasions when the Services will be interrupted
for maintenance, upgrades and emergency repairs or due to failure of telecommunications links
and equipment. Every reasonable step will be taken by PhotoMaker to minimize such disruption
where
it is within PhotoMaker reasonable control.YOU AGREE
THAT PhotoMaker WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY
SUSPENSION,
MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR
USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.PhotoMaker retains the right to
create limits on use and storage in its sole discretion at any
time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to
connect to, access to or otherwise use the Services, including, without limitation, modems, devices,
hardware, software, and long distance or local telephone service. You shall be responsible for
ensuring that such equipment or ancillary services are compatible with the Services.
2. SERVICE CONTENT AND PROPRIETARY RIGHTS
The Services and their contents are intended solely for the use of Users and may
only be used in accordance with the terms of this Agreement. All materials displayed or performed in the
Services, other than content developed or posted by User (“User Content”) including, but not limited to
effect designs, art styles, text, graphics, logos, photographs, images, illustrations and animations
(“Content”) are the property of PhotoMaker and/or third parties and are protected by
international copyright laws. As between you and PhotoMaker, however, you own and retain sole
and exclusive right, title and interest in and to all of your User Content (subject only to the limited
license therein granted to PhotoMaker under this Section 2).
All trademarks, service marks, trade names as well as unique effect designs and art
styles which appear in the Services (other than those appearing in any User Content) are proprietary to
PhotoMaker and/or third parties. You shall abide by all copyright notices, information, and
restrictions contained in any Content accessed through the Services.
It is prohibited to use, copy, make derivatives of, distribute or exploit any of the
Content, software, materials, or Services in whole or in part for any commercial or competitive purpose
(including “scraping” to gather information or content; decompiling or reverse engineering our Services
or proprietary content; or framing or using similar techniques to include any PhotoMaker Marks
or our Services).
The Services cannot be used in any way to directly or indirectly, fully or partially
replicate the functionality of the Services or to create any effect similar to app effects by any means
or to create any competing or potentially competing product or technology. Prohibited usage includes,
but is not limited to using the Services (directly or indirectly) to create datasets to train neural
networks, reverse engineer the code, create templates for third party photo editing apps, etc.
You may download or copy the Content, and other items displayed in the Services for
download, for personal, noncommercial use only, provided that you maintain all copyright and other
notices contained in such Content. Downloading, copying, or storing any Content for other than personal,
noncommercial use is expressly prohibited without prior written permission from PhotoMaker, or
from the copyright holder identified in such Content’s copyright notice. In the event you download
software from the Services, including any files and images incorporated in or generated by the software,
and the data accompanying the software (collectively, the “Software”) is licensed to you by PhotoMaker for your personal use, and no title to the Software shall be transferred to you. PhotoMaker retains full and complete title to the Software and all intellectual property rights
therein.
You acknowledge and agree that if you use any of the Services to contribute User
Content to them in such manner as to make it available to the public or for all users, or to permit
third parties to contribute Content through your User account, PhotoMaker will have a
non-exclusive, worldwide, royalty-free, transferable, sublicensable right, under all of your
intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store
such User Content, and to allow third parties to do so in connection with the marketing or promotion of
PhotoMaker, the Services by such third parties. To the extent allowed by law, the foregoing
includes all rights of paternity, integrity, disclosure and withdrawal. You warrant, represent and agree
that you have the right to grant PhotoMaker and the Services the rights set forth above. You
represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates
or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret,
unless you own the trade secret or have the owner’s permission to post it, (c) infringes any
intellectual property right of another or on the privacy or publicity rights of another , (d) is
libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful,
offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse,
worm, malware, adware, time bomb or other programming routine or engine that is intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information ,
or (f) remains posted after you have been notified that such User Content violates any of sections (a)
to (e) of this sentence.
PhotoMaker reserves the right to remove any User Content from its
Services, suspend or terminate your right to use the Services at any time at its discretion, or pursue
any other remedy or relief available to PhotoMaker and/or the Services under equity or law for
any reason (including, but not limited to, upon receipt of claims or allegations from third parties or
authorities relating to such User Content or if PhotoMaker is concerned that you may have
breached the immediately preceding sentence). You are responsible for all Content posted or developed
under your username, including Content contributed by a third party whom you have authorized to post
Content under your username (whether in the form of artwork, comments to a forum, or any other form). If
you believe User Content residing in the Services infringes a copyright, please send us a message. To
satisfy our attribution requirements, you should include a direct link back to PhotoMaker.
Any comments, suggestions, or feedback relating to the Services (collectively
“Feedback”) submitted to PhotoMaker shall become the property of PhotoMaker or its
designee. We will not be required to treat any Feedback as confidential, and will not be liable for any
ideas (including without limitation, product, mobile application, Site or advertising ideas) and will
not incur any liability as a result of any similarities that may appear in our future Services or
operations. Without limitation, we will have exclusive ownership of all present and future existing
rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for
any commercial or other purpose whatsoever, without compensation to you or any other person sending the
Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us,
have full responsibility for the message, including its legality, reliability, appropriateness,
originality, and copyright.
3. Restrictions
You are responsible for all of your activity in connection with the Services. Any
fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your right to the Services. You may not post or transmit, or cause to be posted
or transmitted, any communication or solicitation designed or intended to obtain password,
account, or private information from any user of our Services.
Use of the Services to violate the security of any computer network, crack passwords
or
security encryption codes, transfer or store illegal material including that are deemed
threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
Under no circumstances will you use the Services to (a) send unsolicited e-mails, bulk mail,
spam or other materials to users of the Services or any other individual, (b) harass,
threaten, stalk or abuse any person or party, including other users of the Services,
(c) create a false identity or to impersonate another person, or (d) post any false,
inaccurate or incomplete material or delete or revise any material that was not posted by you
or others you have authorized to post Content under your account.
4. Warranty disclaimer
PhotoMaker has no special relationship with or fiduciary duty to you. You
acknowledge that PhotoMaker
has no control over, and no duty to take any action regarding: which Users gain access to
the Services; which Content you access via the Services; what effects the Content (including
any Content which is a derivative work of your User Content the creation of which you
authorized) may have on you; how you may interpret or use the Content; or what actions you may
take as a result of having been exposed to the Content. Much of the Content of the Services is
provided by and is the responsibility of the User who posted the Content. PhotoMaker does not
monitor
the Content of the Services and takes no responsibility for such Content. You release PhotoMaker from
all liability for your having acquired or not acquired Content through the Services. The Services
may contain, or direct you to web pages or mobile applications containing information that some
people may find offensive or inappropriate. PhotoMaker makes no representations concerning any
content
contained in or accessed through the Services, and PhotoMaker will not be responsible or
liable for
the accuracy, copyright compliance, legality or decency of material contained in or accessed through
the Services.
Although PhotoMaker and the services will make
reasonable efforts to store and preserve the material
residing on the site, neither PhotoMaker nor the site is responsible or liable in any way for
the
failure to store, preserve or access content or other materials you transmit or archive on the site.
The services, content, site, mobile and any software are
provided on an "as is" basis, without
warranties of any kind, either express or implied, including, without limitation, implied warranties
of merchantability, fitness for a particular purpose or non-infringement. PhotoMaker makes no
representations
or warranties of any kind with respect to the services, including any representation or warranty that
the use of the services will (a) be timely, uninterrupted or error-free or operate in combination
with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be
free
from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, PhotoMaker
disclaims any liability or responsibility for the accuracy,
reliability, availability, completeness, legality or operability of the material or services provided.
By using the services, you acknowledge that PhotoMaker is not responsible or liable for any
harm resulting
from (1) use of the services; (2) downloading information contained in the services; (3) unauthorized
disclosure of images, information or data that results from the upload, download or storage of content
posted by users; (4) the temporary or permanent inability to access or retrieve any user content from
the services, including, without limitation, harm caused by viruses, worms, trojan horses, adware,
malware
or any similar contamination or destructive program; (5) content posted in any forum or community area
of
the services; and (6) unauthorized disclosure of images, information or data that results from the
upload,
download or storage of posted content.
5. Registration and security
As a condition to using Services, you may be required to register with the Services
and select a
username and password. You shall provide us with accurate, complete, and updated registration
information, including your e-mail address. Failure to do so shall constitute a breach of this
Agreement, which may result in immediate termination of your account. You may not (a) select or
use as a username a name of another person with the intent to impersonate that person; or (b) use
as a username a name subject to any rights of a person other than you without appropriate authorization.
You shall be responsible for maintaining the confidentiality of your password. You are solely
responsible
for any use of or action taken under your password and accept full responsibility for all activity
conducted through your account and agree to and hereby release the Services and PhotoMaker
from any and all
liability concerning such activity. You agree to notify PhotoMaker immediately of any actual
or suspected loss,
theft, or unauthorized use of your account or password. The Services will take reasonable security
precautions
when using the internet, telephone or other means to transport data or other communications, but
expressly
disclaims any and all liability for the accessing of any such data communications by unauthorized
persons or
entities.
6. Indemnity
You will indemnify and hold PhotoMaker, its directors, officers and
employees,
harmless, including costs and attorneys' fees, from any claim or demand made
by any third party due to or arising out of your access to the Services, your
violation of this Agreement, or the infringement by you, or any third party
using your account, of any intellectual property or other right of any person or entity.
7. Limitation of liability
In no event shall PhotoMaker, its directors,
officers, shareholders, employees or members be liable
with respect to the services for (a) any indirect, incidental, punitive, or consequential damages
of any kind whatsoever; (b) damages for loss of use, profits, data, images, user content or other
intangibles; (c) damages for unauthorized use, non-performance of the site, errors or omissions;
or (d) damages related to downloading or posting content.
8. Termination
Either party may terminate the Services at any time by notifying the other party by
any means.
PhotoMaker may also terminate or suspend any and all of the Services immediately, without
prior
notice or liability, if you breach any of the terms or conditions of this Agreement. Upon
termination of your account, your right to use the Services, and access to any Content will
immediately cease. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, and limitations of liability. Termination of your access to and use of
the Services shall not relieve you of any obligations arising or accruing prior to such
termination or limit any liability which you otherwise may have to PhotoMaker or its Services,
including without limitation any indemnification obligations contained herein.
9. Privacy
Please review our Privacy Policy, which governs the use
of personal information
in the Services and to which you agree to be bound as a user of the Services.
10. Miscellaneous
This Agreement (including the Privacy Policy), as modified from time to time,
constitutes
the entire agreement between you, the Services and PhotoMaker with respect to the subject
matter
hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further rights hereunder. PhotoMaker
shall not be liable for any failure to perform its obligations hereunder where such failure results
from any cause beyond PhotoMaker reasonable control, including, without limitation,
mechanical, electronic
or communications failure or degradation. If any provision of this Agreement is found to be
unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not
assignable,
transferable or sublicensable by you except with PhotoMaker prior written consent. PhotoMaker may assign this
Agreement in whole or in part at any time without your consent.