Last updated: 24 Oct 2020
These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms”), sets forth a legally binding agreement between you and PicSky Studio, (“PicSky Studio,” “we,” “us,” or “our” ). These Terms, together with PicSky Studio Privacy Policy, apply to all applications, mobile application, sites, Content, products and services (collectively, the “PicSky Studio Services”) provided to you by PicSky Studio and/or any of our affiliates and govern your access to and use of the PicSky Studio Services. By using any PicSky Studio Services, you agree to these Terms. Please read them carefully.
If You do not agree to any of the terms in these Terms of Use, please do not access and/or use the Services.
BY USING THE PICSKY STUDIO SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS, AS UPDATED FROM TIME TO TIME. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PICSKY STUDIO SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE ANY OF THE PICSKY STUDIO SERVICES.
1. Privacy Policy
Providing the PicSky Studio Services requires collecting and using your information. The Privacy Policy governs the processing of all information collected from you in connection with your use of the PicSky Studio Services and explains how we use and share information across the PicSky Studio Services. It also explains the ways you can control your information. You must agree to the Privacy Policy to use the PicSky Studio Services.
2. Services
These Terms of Use set forth the legally binding terms and conditions that apply to all users of the Services, including users who contribute contents on the Services.
3. Subscription
Certain Services may be provided to You free-of-charge from time to time. Other Services require payment before You can access them. You may access the Services after You have successfully subscribed to a respective subscription plan (“Paid Services”) which is subject to a payment of fee(s) as may be determined by PicSky Studio from time to time (“Fee”) which shall be made via payment method as accepted by Google Playstore (“Payment Method”). The Fee is exclusive of all taxes, which shall be borne by You.
The subscription to the Paid Services is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the application subscription period (i.e. monthly basis or annual basis) corresponding to the term of Your subscription.
If we offer You a promotion (e.g. a promotional price) for Your subscription for the Paid Services, the specific terms of the promotion will be disclosed during Your sign-up or in other materials provided to You describing the particular promotion. In the case of promotional pricing, after Your promotion ends, we will begin billing You the regular price after the promotion ends unless You cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to You.
We reserve the right, in our sole discretion, to change, amend, modify or vary the price, package and/or features of the Paid Services subscription plan(s), at any time, with or without notice to You.
We will use all reasonable effort to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Service may be inaccurate or any of our Service may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
4. Cancellation of Subscription
Subscription auto-renews before the end of the current period, unless canceled 24-hours in advance.
You may manage your subscriptions and turn off auto-renewal from your Google Play Store account settings. You can go to the account page of Google play to manage or cancel the subscription, there is no charge for cancellation during the trial period.
If you cancel a subscription purchased from an app on Google Play, you will not receive a refund for the current billing period, but will continue to receive their subscription content for the remainder of the current billing period, regardless of the cancellation date. The cancellation goes into effect after the current billing period has passed.
5. Third Party Links and Advertisements
The Services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by PicSky Studio and PicSky Studio assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, PicSky Studio will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that PicSky Studio shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or 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/or 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 such third-party websites and/or advertisements.
6. Service Interruption; Revision & Updates
There may be occasions when the PicSky Studio Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. PicSky Studio encourages you to maintain your own backup of your User Content. In other words, PicSky Studio is not a backup service. You agree that PicSky Studio may, but is not required to, provide modifications, upgrades, error corrections or other updates, including automatically-installed modifications, upgrades, error corrections or updates (collectively, “Updates”) to the PicSky Studio Services, and thus may modify, with or without your knowledge, the PicSky Studio Services that you have already installed. You agree and consent to the automatic installation or application of these Updates and to only use the most updated version of the PicSky Studio Services provided to you by PicSky Studio through its application vendors.
7. Disclaimer of Warranties
THE PICSKY STUDIO SERVICES AND PICSKY STUDIO CONTENT ARE PROVIDED ON AND “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PICSKY STUDIO MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PICSKY STUDIO SERVICES; (B) THE PICSKY STUDIO CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICSKY STUDIO OR VIA THE PICSKY STUDIO SERVICES. PICSKY STUDIO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
PICSKY STUDIO DOES NOT REPRESENT OR WARRANT THAT THE PICSKY STUDIO SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PICSKY STUDIO SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PICSKY STUDIO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY PICSKY STUDIO CONTENT) AVAILABLE ON OR THROUGH THE PICSKY STUDIO SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PICSKY STUDIO SERVICES IS AT YOUR SOLE RISK. PICSKY STUDIO DOES NOT WARRANT THAT YOUR USE OF THE PICSKY STUDIO SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PICSKY STUDIO SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT PICSKY STUDIO DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICSKY STUDIO, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON OR THROUGH THE PICSKY STUDIO SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PICSKY STUDIO SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE PICSKY STUDIO SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF PICSKY STUDIO SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PICSKY STUDIO SERVICES OR THROUGH THE PICSKY STUDIO SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PICSKY STUDIO SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE PICSKY STUDIO SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING PICSKY STUDIO CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PICSKY STUDIO SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICSKY STUDIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Application of Limitations And Disclaimers
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
10. Indemnification
You agree to defend (at PicSky Studio request), indemnify and hold PicSky Studio and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the PicSky Studio Services or those conducted on your behalf): (i) your access to or use of the PicSky Studio Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by PicSky Studio in the defense of any claim. PicSky Studio reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of PicSky Studio.
11. International Users
Although the PicSky Studio Services may be accessible worldwide, PicSky Studio makes no representation that the materials and/or content made available in connection with the PicSky Studio Services are appropriate or available for use in locations outside the India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this PicSky Studio Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this PicSky Studio Services is void where prohibited. BY ACCESSING OR USING THE PICSKY STUDIO SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PICSKY STUDIO SERVICES. Notwithstanding the foregoing, the PicSky Studio Services may be available on a localized basis to users located in certain countries outside of the India. See above for a list of countries in which localized PicSky Studio Services and Terms of Use may be available.
12. Governing Law and Dispute Resolution
This Agreement shall be governed by, and shall be construed in accordance with, the laws of India. Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in India under the India International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
13. Entire Terms
These Terms of Use constitutes the entire agreement between You and PicSky Studio regarding its subject matter. Should any provision of these Terms of Use be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Use will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.
14. Language
These Terms of Use is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms of Use, the English version shall prevail.
15. Changes of These Terms
PicSky Studio reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, PicSky Studio will notify you by posting the updated Terms to the PicSky Studio Website and notifying you via the PicSky Studio Services. Your continued use of the PicSky Studio Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. If you object to any change, your sole recourse shall be to immediately terminate the PicSky Studio Services. You agree to review the PicSky Studio Website periodically for any such changes to the Terms.
16. Electronic Communications
We may send you responses or notices by email, posting within the PicSky Studio Services. You hereby consent to receive communications from PicSky Studio in an electronic form, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect your non-waivable rights.
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