-
Introduction. Welcome to the Deko application,
products or services owned or operated by PIXELCELL PTE. LIMITED
(“Company” or “PIXELCELL” or “we” or “us” or “our”) (collectively, the “PIXELCELL Service”). To access the PIXELCELL Service, you must at all times agree to and
abide by these terms of use, including any additional guidelines, and
any future modifications (collectively, these “Terms”). These Terms are a legal contract between you, a user of at least 18
years of age (“you” or “User”), and PIXELCELL regarding your use of the PIXELCELL Services.
By accessing, installing, browsing, using or subscribing to, or
registering for the PIXELCELL Service (including any content created,
uploaded, downloaded, copied, published, and propagated during the use of
the PIXELCELL Service), you acknowledge that you have read, understood,
and agree to be bound by these Terms. If at any time you do not agree to
these Terms, please terminate your use of the PIXELCELL Service.
Although PIXELCELL Service is always striving to improve itself, it is not
perfect. While PIXELCELL make reasonable efforts to ensure the information
provided is accurate, PIXELCELL cannot ensure the accuracy, completeness
and reliability of any and all information, data or content on the
Service. Therefore, You agree and understand that during Your use of
PIXELCELL Services, no content feedback can be used as any basis for any
civil or commercial activities (ESPECIALLY CANNOT BE USED AS ANY BASIS FOR
EATING ANY OR PURCHASING ANY GOODS) performed by You and/or others,
otherwise all risks that may arise from such activities and all
responsibilities shall be borne by you, not by PIXELCELL.
-
Authorized Users. Your access to and use of PIXELCELL Service is
subject to all applicable international, national, federal, state and
local laws and regulations. You represent and warrant that you will
not use PIXELCELL Service in any manner or for any purposes that are
unlawful or prohibited by these Terms. The PIXELCELL Service is not
for persons under the age of 18. If you are under 18 years of age,
then please do not use PIXELCELL Service.
-
Specific Features and Services. When using the
PIXELCELL Service, you may be subject to additional posted guidelines or
terms and conditions applicable to specific services and features which
may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the
Terms. In addition, your use of the PIXELCELL Service is governed by the
PIXELCELL privacy policy available
here (the “Privacy Policy”), which is hereby incorporated by reference into the Terms, and you
consent to the collection, use and disclosure of any personal
information provided by you to use in accordance with the Privacy
Policy.
-
Changes. PIXELCELL may revise this Terms from time to
time. Although PIXELCELL may include a notice on the home page of
PIXELCELL Service that the Terms has been modified, such notice may not
remain in place for any extended period of time. Accordingly, you should
review the Terms as posted on PIXELCELL Service from time to time. Using
PIXELCELL Service after any revised Terms has been posted will
constitute your acceptance of the revised Terms.
-
Limited License. Subject to the terms and conditions of these Terms,
PIXELCELL hereby grants you a limited, revocable, non-transferable, non-exclusive,
non-sublicensable license to use the PIXELCELL Services (and all updates
or upgrades provided) solely for private, non-commercial purposes in
accordance with these Terms.
-
Ownership; Proprietary Rights. The PIXELCELL Service is
owned and operated by PIXELCELL. The content, visual interfaces,
information, graphics, design, compilation, computer code, products,
software, algorithms, services, and all other elements of the PIXELCELL
Service that are provided by PIXELCELL (“PIXELCELL Materials”) are protected by United States copyright, trade dress, patent, and
trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. For
clarity, PIXELCELL Materials do not include any User Content (defined
below) or content from third party sites, whether PIXELCELL Service
provides a link to them or not. All PIXELCELL Materials contained on
PIXELCELL Service are the copyrighted property of PIXELCELL or
affiliated companies and/or third party licensors. All trademarks,
service marks, and trade names are proprietary to PIXELCELL
or its affiliates and/or
third party licensors. Except as expressly authorized by PIXELCELL, you
agree not to sell, license, distribute, copy, modify, publicly perform
or display, transmit, publish, edit, adapt, decompile, disassemble,
reverse engineer, create derivative works from, or otherwise make
unauthorized use of PIXELCELL Materials.
-
Restrictions. As a condition of your use of the
PIXELCELL Service, you will not use PIXELCELL Service for any purpose
that is unlawful or prohibited by these Terms. Access to PIXELCELL
Materials and the PIXELCELL Service from territories where their
contents are illegal is strictly prohibited. Users are responsible for
complying with all local rules, laws, regulations and policies,
including, without limitation, rules about intellectual property rights,
the internet, technology, data, email, and/or privacy.
Any use by User of any of PIXELCELL Materials other than for private use
is prohibited.
You will not use the PIXELCELL Service in any manner that in our sole
discretion could damage, disable, overburden, or impair it or interfere
with any other party’s use of the PIXELCELL Service. You will not take any
action that imposes an unreasonable or disproportionately large load on
PIXELCELL’s infrastructure. You will not intentionally interfere with or
damage the operation of the PIXELCELL Service or any user’s enjoyment of
it, by any means, including uploading or otherwise disseminating viruses,
worms, or other malicious code. You will not remove, circumvent, disable,
damage or otherwise interfere with any security-related features of the
PIXELCELL Service, features that prevent or restrict the use or copying of
any content accessible through the PIXELCELL Service, or features that
enforce limitations on the use of the PIXELCELL Service. You will not
attempt to gain unauthorized access to the PIXELCELL Service, or any part
of it, other accounts, computer systems or networks connected to the
PIXELCELL Service, or any part of it, through hacking, password mining or
any other means or interfere or attempt to interfere with the proper
working of the PIXELCELL Service or any activities conducted on the
PIXELCELL Service. You will not obtain or attempt to obtain any materials
or information through any means not intentionally made available through
the PIXELCELL Service. You agree neither to modify the PIXELCELL Service
in any manner or form, nor to use modified versions of the PIXELCELL
Service, including (without limitation) for the purpose of obtaining
unauthorized access to the PIXELCELL Service.
PIXELCELL Service may contain robot exclusion headers. You agree that you
will not use any robot, spider, scraper, or other automated means to
access the PIXELCELL Service for any purpose without our express written
permission or bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the PIXELCELL Service. You will not
utilize framing techniques to enclose any trademark, logo, or other
PIXELCELL Materials without our express written consent. You will not use
any meta tags or any other “hidden text” utilizing PIXELCELL’s name or
trademarks without our express written consent.
You will not deep-link to the PIXELCELL Service and will promptly remove
any links that PIXELCELL finds objectionable in its sole discretion. You
will not use any PIXELCELL logos, graphics, or trademarks as part of the
link without our express written consent.
You will not send junk mail to other users of the PIXELCELL Service,
including, but not limited to unsolicited advertising, promotional
materials or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests,
and petitions for signatures.
-
Your Content.
-
Prohibited Content. You shall not use the PIXELCELL
Service to create, upload, download, copy, publish or propagate any images,
sounds, videos, data, text, information or any other materials or
content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b)
harms national interests, endangers national security or divulges
national secrets; (c) incites ethnic or racial discrimination or
hatred; (d) undermines the social stability; (e) contains obscenity,
sexual connotation, pornography, gambling, violence, murder, or
terror; (f) insults or defames others or infringes others’ lawful
rights and interests; or (g) contains abusive or threatening
information.
-
License to Your Content. You hereby grant
PIXELCELL a worldwide, non-exclusive, irrevocable, royalty-free,
fully-paid, perpetual, sublicensable (through multiple tiers), fully
transferable license to use, distribute, reproduce, create derivative
works from, publish, translate, publicly perform and publicly
display any Content that you upload or publish to the PIXELCELL
Services (collectively, “Your Content”), in any format or medium now known or later developed for any
purpose. PIXELCELL can use Your Content in the App and in
PIXELCELL’s other products or services, and can transfer the license
or authorization of using such information and content to its
related companies and cooperation partners with no need to obtain
your consent again. PIXELCELL reserves the right to display
advertisements and sponsorships in connection with Your Content.
PIXELCELL has the right to remove, at its sole discretion and without
notice to you, Your Content if it infringes others’ rights and interests.
PIXELCELL has the right to suspend or terminate access to the PIXELCELL
Service to any user who uses the PIXELCELL Service in violation of
copyright law or other intellectual property law. All liabilities for
damage for any claim for rights raised by the said third party shall be
assumed by you, not by PIXELCELL, and you shall compensate for all losses
and damages PIXELCELL incurs arising therefrom, including but not limited
to economic losses and business losses.
-
Representation and Warranty. You represent, warrant and
covenant that at all times: (i) the Your Content does not infringe
any third party’s intellectual property, right of reputation, right
of name, right of privacy, moral rights and other lawful rights and
interests; (ii) you own or have the necessary licenses, rights,
consents and permissions for your use of the Your Content in
connection with the PIXELCELL Services and PIXELCELL’s use of the
Your Content pursuant to Section 8(b).
-
Identity Authentication. PIXELCELL uses many techniques
to identify you when you register for and/or access, browse, use or
subscribe to the PIXELCELL Service. This verification is only an
indication of increased likelihood that your identity is correct. You
authorize PIXELCELL, directly or through third parties, to make any
inquiries PIXELCELL considers necessary to validate your registration.
-
User Account Information. You agree that the
information you provide to PIXELCELL upon registration and, at all other
times, will be true, accurate, current, and complete. You also agree
that you will ensure that this information is kept accurate and
up-to-date at all times. When you register, you will be asked to provide
a password. As you will be responsible for all activities that occur
under your password, you should keep your password confidential. You are
solely responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your
account or password. If you have reason to believe that your account is
no longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your account ID, password), you will
immediately notify PIXELCELL. You will be liable for the losses incurred
by PIXELCELL or others due to any unauthorized use of your account.
-
Communications; Notice. Under these Terms, you consent
to receive communications from PIXELCELL electronically. We will
communicate with you by email or by posting notices on the PIXELCELL
Service. 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. Except as explicitly
stated otherwise, legal notices shall be served on PIXELCELL’s national
registered agent or to the email address you provide to PIXELCELL during
the registration process. Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you legal notice by mail
to the address provided during the registration process. In such case,
notice shall be deemed given three days after the date of mailing.
-
Feedback. You may, but are not required to, provide
suggestions, comments, ideas, or know-how, in any form, to PIXELCELL
related to the PIXELCELL Services (“Feedback”). Any Feedback shall not be considered your confidential information
and may be used by PIXELCELL for any purpose. There shall be no
obligation to provide compensation for use of Feedback.
-
Third Party Sites. The PIXELCELL Service may include
links to other websites or services solely as a convenience to users
(“Linked Sites”). PIXELCELL does not endorse any Linked Sites or the information,
material, products or services contained on Linked Sites or accessible
through Linked Sites. Furthermore, PIXELCELL makes no express or implied
warranties with regard to the information, material, products, or
services that are contained on or accessible through Linked Sites.
Access and use of linked sites, including the information, material,
products, and services on linked sites or available through linked
sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the PIXELCELL Service are
solely between you and such advertiser. You agree that PIXELCELL will not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the PIXELCELL Service.
PIXELCELL may make changes to or discontinue any of the content or
services available on the PIXELCELL Service at any time, and without
notice. The content or services on the PIXELCELL Service may be out of
date, and PIXELCELL makes no commitment to update these materials.
-
User Content. You acknowledge and agree that: (a)
Content is provided to you AS IS and that PIXELCELL is not responsible
for examining or evaluating Content created, uploaded, publish or
propagate or otherwise made available by end users through the PIXELCELL
Services (“User Content”); (b) PIXELCELL does not guarantee accuracy of any such User Content
or that such User Content will continue to be available; (c) by using
the PIXELCELL Services, you may encounter User Content that you deem
offensive, indecent, or objectionable and that such User Content may not
be labeled as such; and (d) PIXELCELL has no liability to you for any
such User Content.
-
Termination. You agree that PIXELCELL, in its sole
discretion and for any or no reason, may terminate any account (or any
part thereof) you may have with PIXELCELL. In addition, PIXELCELL
reserves the right to discontinue any aspect of the PIXELCELL Service at
any time, including the right to discontinue the display of any licensed
content, linked or embedded content, Your Content or Third Party
Content, either generally or in specific cases. For the avoidance of
doubt, PIXELCELL shall in no event be responsible for the deletion,
losing of, or failure to store Your Content. You agree that any
termination of your access to the PIXELCELL Service or any account you
may have or portion thereof may be affected without prior notice, and
you agree that PIXELCELL will not be liable to you or any third party
for such termination. Any suspected fraudulent, abusive, or illegal
activity that may be grounds for termination of your use of PIXELCELL
Service may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies PIXELCELL may have
at law or in equity.
-
DISCLAIMERS; NO WARRANTIES. WITHOUT LIMITING ANY OTHER PROVISION OF THIS
SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIXELCELL EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE
OF DEALING OR USAGE OF TRADE, WITH RESPECT TO PIXELCELL SERVICE.
PIXELCELL MAKES NO WARRANTY THAT PIXELCELL SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT PIXELCELL SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. PIXELCELL DOES NOT MAKE ANY WARRANTY OR
REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF PIXELCELL SERVICE. YOU ACKNOWLEDGE THAT PIXELCELL SERVICE MAY
BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO
LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE
INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY
OTHER CONTRACT ON THE PART OF PIXELCELL, EVEN IF CAUSED BY THE
NEGLIGENCE OR GROSS NEGLIGENCE OF PIXELCELL OR ANY OF ITS AFFILIATES,
EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
-
Indemnification. You agree to indemnify and hold PIXELCELL, and
its affiliated companies, and its suppliers and partners, harmless from
any claims, losses, damages, liabilities, including attorney’s fees,
arising out of your use or misuse of the PIXELCELL Service, violation of
these Terms, violation of the rights of any other person or entity, or
any breach of the foregoing representations, warranties, and covenants.
PIXELCELL reserves the right, at our own expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us and you agree to cooperate with our defense of these
claims.
-
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PIXELCELL OR ITS
AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR
SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE
INABILITY TO USE PIXELCELL MATERIALS ON PIXELCELL SERVICE, PIXELCELL
SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH PIXELCELL, EVEN IF
PIXELCELL OR A PIXELCELL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, PIXELCELL’S LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
IN NO EVENT SHALL PIXELCELL’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,
AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO
THESE TERMS OR YOUR USE OF PIXELCELL SERVICE (WHETHER IN CONTRACT, TORT,
WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD
PARTIES OTHER THAN PIXELCELL AND RECEIVED BY YOU THROUGH OR ADVERTISED ON
THE PIXELCELL SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE
PIXELCELL SERVICE.
-
Disputes and Arbitration.
-
Disputes. For all disputes arising out of or
relating in any way to the PIXELCELL Service, you must first send a
written description of your claim to PIXELCELL to allow us an
opportunity to resolve the dispute. You and PIXELCELL each agree to
negotiate your claim in good faith. If we still cannot resolve the
dispute you may request arbitration if your claim or dispute cannot
be resolved within 60 days.
Please read this section carefully. It affects your legal rights.
It provides for resolution of disputes through individual
arbitration instead of court trials and class actions. Arbitration
is more informal than a lawsuit in court, uses a neutral
arbitrator instead of a judge or jury, and discovery is more
limited. Arbitration is final and binding and subject to only very
limited review by a court. This arbitration clause shall survive
termination of the Terms.
-
Governing Law. By using the PIXELCELL
Service, you agree that the statutes and laws of the United States
without regard to conflicts of laws principles, will apply to all
matters relating to use of the PIXELCELL Service. If we are unable
to commence arbitration, you agree that any litigation shall be
subject to the exclusive jurisdiction of the state or federal courts
in New York, NY and shall be subject to the laws of New York without
giving effect to any principles of conflicts of law.
-
Arbitration Procedures.
-
Any dispute, controversy or claim arising in any way out of or
in connection with the Terms (including, without limitation: (1)
any contractual, pre-contractual or non-contractual rights,
obligations or liabilities; and (2) any issue as to the
existence, validity or termination of the Terms) shall be
referred to and finally resolved by binding arbitration
administered by the International Centre for Dispute Resolution
(“ICDR”) in accordance with its International Arbitration Rules
in force as at the date of this Agreement (the “Rules”), which
Rules are deemed to be incorporated by reference into this
Section 19 and as may be amended by the rest of this Section 19.
-
The arbitration tribunal (“Tribunal”) shall consist of three (3)
arbitrators. The claimant shall designate one (1) arbitrator.
The respondent shall designate one (1) arbitrator. The two
arbitrators thus appointed shall designate the third arbitrator
who shall be the presiding arbitrator. If within fourteen (14)
days of a request from the other party to do so a party fails to
designate an arbitrator, or if the two arbitrators fail to
designate the third arbitrator within fourteen (14) days after
the confirmation of appointment of the second arbitrator, the
appointment shall be made, upon request of a party, by the ICDR
in accordance with the Rules.
-
The seat of the arbitration shall be New York, New York, U.S.A.
The language of the arbitration shall be English. This
arbitration clause shall be governed by the laws of the United
States, including the Federal Arbitration Act, and to the extent
not inconsistent therewith, the laws of the State of New York
(United States).
-
Any award of the Tribunal shall be made in writing and shall be
final and binding on the parties from the day it is made. The
parties undertake to carry out the award without delay. The
arbitrator or arbitrators shall be empowered to award only those
damages which are permitted by the Terms, subject to any
disclaimers of damages and liability limits set forth in thee
Terms, but the arbitrator or arbitrators shall not have the
authority to reform, modify or materially change the Terms. The
award rendered by the arbitrator(s) shall include costs of the
arbitration, reasonable attorneys’ fees and reasonable costs for
experts and other witnesses. Judgment on the award may be
entered in any court having jurisdiction. The parties hereby
irrevocably waive their right to any form of appeal, review or
recourse to any court or other judicial authority insofar as
such waiver may be validly made. The parties waive any right to
apply to any court and/or other judicial authority to determine
any preliminary point of law and/or review any question of law
and/or the merits, insofar as such waiver may validly be made.
The parties shall not be deemed, however, to have waived any
other right to challenge any award.
-
The parties agree that the arbitrator(s) shall have the
authority to issue interim orders for provisional relief,
including, but not limited to, orders for injunctive relief,
attachment or other provisional remedy, as necessary to protect
either party’s name, proprietary information, trade secrets,
know-how or any other proprietary right. The parties agree that
any interim order of the arbitrator(s) for any injunctive or
other preliminary relief shall be enforceable in any court of
competent jurisdiction. In addition, nothing in the Terms shall
be deemed as preventing either party from seeking provisional
relief from any court of competent jurisdiction, in order to
protect that party’s name or proprietary rights. Nothing in
this Section shall be construed as preventing any party from
seeking conservatory or interim relief from any court of
competent jurisdiction, including without limitation to protect
either party’s name, proprietary information, trade secrets,
know-how or any other proprietary rights.
-
Miscellaneous.
-
Waiver. A provision of these Terms may be
waived only by a written instrument executed by the party entitled
to the benefit of such provision. The failure of any party at any
time to require performance of any provision of these Terms shall in
no manner affect such party’s right at a later time to enforce the
same. A waiver of any breach of any provision of these Terms shall
not be construed as a continuing waiver of other breaches of the
same or other provisions of these Terms.
-
Severability. If any provision of these
Terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall
not affect the validity and enforceability of any remaining
provisions.
-
Assignment. The Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by PIXELCELL without restriction.
-
Survival. Sections 6, 8(b), 10, 11, 13, 16,
17, 18, 19, and 20 will survive any termination of these Terms.
-
Headings. The heading references herein are
for convenience purposes only, do not constitute a part of these
Terms, and shall not be deemed to limit or affect any of the
provisions hereof.
-
Entire Agreement. These Terms are the entire
agreement between you and PIXELCELL relating to the subject matter
herein and shall not be modified except in writing, signed by both
parties, or by a change to these Terms made by PIXELCELL as set
forth in Section 4.
-
CLAIMS. YOU AND PIXELCELL AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO PIXELCELL SERVICE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
-
End-User Terms Required by Apple. If you have downloaded the
PIXELCELL Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you
acknowledge that you have read, understood, and agree to the
following notice regarding Apple. These Terms are between you and
PIXELCELL only, not with Apple, and Apple is not responsible for the
PIXELCELL Service and the content thereof. Apple has no obligation
whatsoever to furnish any maintenance and support services with
respect to the App. In the event of any failure of the App to
conform to any applicable warranty, then you may notify Apple and
Apple will refund any applicable purchase price for the App to you;
and that, to the maximum extent permitted by applicable law, Apple
has no other warranty obligation whatsoever with respect to the App.
Apple is not responsible for addressing any claims by you or any
third party relating to the App or your possession and/or use of the
App, including: (a) product liability claims; (b) any claim that the
App fails to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection or
similar legislation. Apple is not responsible for the investigation,
defense, settlement and discharge of any third party claim that the
App and/or your possession and use of the App infringe that third
party’s intellectual property rights. You agree to comply with any
applicable third party terms, when using the App. Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms, and upon
your acceptance of these Terms, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against
you as a third party beneficiary of these Terms.
-
Queries. You may contact us at the address below with any
questions, complaints or claims regarding the PIXELCELL Services:
PIXELCELL PTE. LIMITED
3 PHILLIP STREET, #09-02, ROYAL GROUP BUILDING, SINGAPORE (048693)
Email: support@homedecoapp.com
-
DMCA/Copyright. If you believe that anything on the PIXELCELL
Services infringes a copyright that you own or control, you may file
a notice with our designated agent:
PIXELCELL PTE. LIMITED
Email: copyright@pixelcell.com
If you file a notice with our designated agent, it must comply with the
requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic
signature of a person authorized to act on behalf of the copyright owner;
(ii) identify the copyrighted work claimed to have been infringed; (iii)
identify the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed, or access to
which is to be disabled, and information reasonably sufficient to let us
locate the material; (iv) provide your contact information, including your
address, telephone number, and an email address; (v) provide a personal
statement that you have a good-faith belief that the use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; (vi) provide a statement that the information in the
notification is accurate and, under penalty of perjury, that you are
authorized to act on behalf of the copyright owner.