Effective Date: May 19, 2016
Venue. OUR SERVICE IS A NEUTRAL VENUE. WE DISCLAIM ALL LIABILITY ARISING OUT OF YOUR USE OF THE SERVICE. TINKYS is a photo editor app that provides over 1,000 stickers, frames, filters, and overlays. Users can take or select photos from their device and simply choose stickers, frames, filters or overlays to decorate their photos. Users can also draw, select background colours and crop their photos. We provide free and paid stickers and frames; all paid stickers and frames are Apple in-app purchases.
Our IP. All Service contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Service for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Service to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to email@example.com
By using this Service, you represent, warrant and agree that:
• If you place an order, you have a full capacity to form a legally binding contract.
• You will provide a valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use fake identity.
• Our Service may contain typographical errors, “price bugs” (mispriced items) or other inaccuracies.
• Our Service content may not be copied for republication, either online or on paper, without our prior express written permission.
• You will not submit unsolicited bulk or commercial messages ("spam") to our Service, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
• You will not access our Service in order to gain a competitive advantage.
• You will only use the Service for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Service.
• We have the right to refuse access, service or disable your account on our Service at any time for any reason or no reason without notice, explanation or liability of any kind.
• You will not interfere with the proper working of the Service. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
REMEDIES FOR BREACH OF THESE TERMS
Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SERVICE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SERVICE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SERVICE.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
The Service is operated out of Bangkok, Thailand. These Terms and any action related thereto will be governed by the laws of Thailand without regard to its conflict of laws provisions that would result in application of any other law. You consent to the exclusive jurisdiction and venue of the courts located in Bangkok, Thailand in connection with any matter based upon or arising out of these Terms or the matters contemplated herein.
Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.
Hyperlinks. You may link to our Service, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Service on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
Prevailing Language. In the event of any discrepancy between the English version of these Terms and any foreign language translation, the English version prevails.
Please submit your inquiries to firstname.lastname@example.org