1. INTRODUCTION AND ACCEPTANCE
2. ACCESS AND USE
2.2. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use the Application and our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of the Application is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Application.
2.3. Where the Application is provided at no charge, certain features of the Application and certain portions of our Services may be limited (e.g. watermark applied on the exported contents; not all Service Contents may be accessible). In such cases, you may make in-app purchases to eliminate such limitations. We may also include advertisements in the free version of the Application.
2.4. Access to certain features or contents of the Application (including Service Content) may require an internet connection, and the accessibility of our servers, and, in some cases, in-app purchases.
2.5. The Company is solely responsible for providing any maintenance and support services with respect to the Application, to the extent required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
2.6. You acknowledge and accept the technical limitations of the Application and the User Content that may be generated using the Application. You particularly acknowledge and accept that the graphic format of such User Content may not be suitable for registering a trade mark. Upon agreement with us, we will prepare a high-quality version of the User Content in question, suitable for trade mark registration, complying with the technical requirements to be agreed. You accept, however, that even in such case, unless agreed otherwise, we will not eliminate the related Service Contents from the Application, allowing other users to create similar works from similar features and Service Contents.
3. INTELLECTUAL PROPERTY
3.2. The Application may incorporate features which allows you to access contents available on the internet (e.g. via Google image search). By using such features, you acknowledge and accept that such contents may be subject to third party rights, including but not limited to copyright. Exclusively you shall be responsible for the lawful use of such contents, including obtaining the necessary permissions, if any.
3.6. You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
4. USER CONTENT
4.1. In the course of using the Application, you may create or upload text, illustrations, data, files, images, graphics, photos, comments, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
4.2. All graphic User Contents used or created by you are transferred to our servers, solely for the purpose of statistically analyzing the functions and features mostly used by users of the Application, in order to facilitate our continuous development of the Application and our Services. Such User Contents will not be stored linked to you or your account. We will not use such uploaded User Contents other than the aforementioned purpose.
4.3. You shall not submit any User Content protected by copyright, trademark, patent, trade secret or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
4.4. You represent and warrant that you will not submit any User Content that (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any person or entity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4.5. In the course of using the Application or the Service, you may upload personal data. You will (i) obtain all legally required consents before making any personal data available in the Service and maintain those consents until such data are deleted and (ii) delete all personal data provided that the necessary consents expire or are withdrawn.
4.6. Apart from the cases explicitly regulated herein, we will not use your User Content without your permission. Where you have provided us permission, by submitting User Content to us, you simultaneously grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use the User Content (in whole or in part) in the manner you have requested. We may exercise this for the full term of any copyright that may exist in such User Content.
4.7. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access to the Services of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material that may be infringing or the subject of infringing activity.
5. LIABILITY AND INDEMNIFICATION
5.1. We provide our Services including, without limitation, Service Content for entertainment and/or promotional purposes only. You may not rely on any information expressed through our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
5.2. You expressly agree that use of the Application and our Services is at your sole risk. The Application, our Services and Service Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. We specifically do not warrant that (i) the Application or our Services will meet your specific requirements, (ii) the operation of the Application or our Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Application or our Services will meet your expectations, (v) warranties of title, non-infringement, or fitness for a particular purpose; and (vi) any errors in the Application, our Services or Service Content will be corrected.
5.5. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
6.4. In case of termination, you are required to promptly delete the Application from any device you have installed it to. All data available within the Application or the Services may be deleted. You will be responsible to make a copy of all such data before such deletion.
7. AMENDMENT; ADDITIONAL TERMS
8.2. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or any other right or provision.
8.3. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. You also acknowledge that the Company, not Apple, is responsible for addressing any claims by you relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
8.4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.