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MyLovePics Terms of Use

effective as of 16th of June 2017

MyLovePics´s Terms of Use Agreement explain the terms and conditions under which you are able to use services provided by MyLovePics. Please read carefully this Terms of Use document, and keep a copy of it for your reference.

BY DOWNLOADING OUR APPLICATION, USING OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE WITH THE MYLOVEPICS APPLICATION YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS OF USE STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH DIGITAL LOVE INC. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.

By using our services or downloading our application you agree with our general Terms of Use and consent to our Privacy Policy. These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and Digital Love Inc. This agreement is concluded between Digital Love Inc. and User only, and not with Apple, and Digital Love Inc., not Apple, is solely responsible for the application and the service. Digital Love Inc. is responsible for customer support. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.

1. Definitions

The following definitions explain some of the terminology and abbreviations used throughout our Terms of Use Agreement:

‘Terms/Agreement’ refers to the latest version of this Terms of Use Agreement document.

‘App’ refers to the MyLovePics application.

‘User/You’ refers to any person using our Services or downloading the App.

‘We/Us/MyLovePics’ refers to the App, and their developers and affiliates.

‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.

‘Outside source’ refers to any application, website, natural or legal entity other than Digital Love Inc., the App or their affiliates.

‘Content’ refers to all images, text, audio and video data or any other information located in the App.

‘Services’ refers to the functionality of the App.

2. Use of the Services

Eligibility

By downloading the App you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. You also 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.

We may not control who uses the App or the Services, so it is upon you to assess whether using the App, or our Services is in compliance with any local laws and regulations. Whenever you are using our App or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the App, or the Services is not in compliance with your local laws, you may not use the App and the Services. Any such Service will be considered as ‘not available in your region’.

Privacy Policy

When using our App we may collect some information about you, your device or about how you are using our App. For easier understanding we placed all information about data collection in separate document called Privacy Policy, which is available through the App. Please review our Privacy Policy in its entirety to get a clear picture on how we collect, store, use and remove any data which we may collect from you.

Registration

When registering for our Services, Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the App, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.

Some Services are available to you upon registration in the App and payment of the subscription fee. Subscription fee may be charged as a one-time-payment or in specified subscription terms. Full list of subscription plans and pricing is available in the App. We reserve the right to amend subscription fees or to institute new fees at any time upon reasonable notice sent to you. Any changes to the pricing will not affect User’s current subscription period and will become effective upon subscription renewal.

Contact

If you provide us with your e-mail address, we may contact you using the such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements” and you are not able to opt-out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers and or other topics of interest related to the MyLovePics and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in Promotional e-mails.

If you have any question or suggestion or you suspect a copyright infringement please contact us at info@mylovepics.com

Acceptable Use Policy

You agree that you will not misuse our Services. A misuse constitutes any use, access or interference with the App or Service contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the App and Services to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:

(i) send or otherwise post unauthorized commercial communications (such as spam) through the Site;

(ii) collect Site users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(iii) upload viruses or other malicious code;

(iv) bully, intimidate, or harass any other App user;

(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;

(vii) take any action creating a disproportionately large usage load on our servers unless expressly permitted by MyLovePics;

Intellectual property rights

The copyright and all intellectual property rights in this App belong to MyLovePics or are used with appropriate permissions. It includes design, all database rights, trade marks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the App and other Content provided by MyLovePics. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the App and its Content; distribute, transfer, sublicense, lease, lend or rent the App or its Content to any third party; reverse engineer, decompile or disassemble the App; or make the functionality of the App available to multiple users through any means.

3. Third Party Services

The Services may be made available or accessed in connection with third party services and content (including advertising) that MyLovePics does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MyLovePics does not endorse such third party services and content and in no event shall MyLovePics be responsible or liable for any products or services of such third party providers.

4. Indemnity

You will indemnify and hold harmless MyLovePics, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App and our Services, content which you provide, or your violation of these Terms.

5. Limitation of liability

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE MYLOVEPICS SERVICE IS TO STOP USING THE MYLOVEPICS SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MYLOVEPICS, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE MYLOVEPICS SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE APP, REGARDLESS OF LEGAL THEORY, EVEN IF MYLOVEPICS HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MYLOVEPICSS AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID MYLOVEPICS, IF ANY, THE PAST ONE YEAR FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

MyLovePics, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the App, or any errors, in or omissions from information in the App. MyLovePics is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the App, nor caused by the delay, malfunction of the operation or the availability of the App.

MyLovePics, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or the User’s possession and use of the App infringes that third party’s intellectual property rights, MyLovePics, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

6. Changes

MYLOVEPICS MAY MAKE CHANGES OR REPLACE OUR TERMS OF USE AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON OUR SITE AND THROUGH THE APP AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF USE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF USE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED IT. THE TERMS OF SERVICE AGREEMENT APPLIES REGARDLESS FROM WHICH PLATTFORM YOU ACCESS OUR APP.

7. Governing Laws and Choice of Forum

This Agreement shall be governed by and construed under the laws of the province of Ontario, Canada, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Ontario by the Ontario residents. You agree that if you have any dispute with MyLovePics you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the courts in the city of London, Ontario, Canada.

8. Final Provisions

If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.