£¨1£©These Terms of Service apply when you access, download, install, and use ¡°Wallsart¡± and its related website (collectively referred as ¡°Services¡±). The Services is provided by [CUBEENGINE COMPANY LIMITED] (¡°Company¡± ¡°we,¡± ¡°us¡± and ¡°our¡±). We prepared these Wallsart Terms of Service (these ¡°Terms of Service¡±) to help explain the terms that apply to your use of the Service.
£¨2£©Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and we may have against each other are resolved (see Section 11 below), including an agreement and obligation to arbitrate disputes, which will,subject to limited exceptions, require you to submit claims you have against us to binding arbitration. You acknowledge that you pursue claims against us only on an individual basis, not as part of any class or representative action or proceeding (if applicable) and you will only be permitted to seek relief(including monetary, injunctive, and declaratory relief) on an individual basis.
1. Updates to these Terms of Service. We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Site before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.
2. Privacy Policy. In connection with your use of the Service, please review our Privacy Policy, located at [Privacy Policy of Wallsart], to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
3. Affirmative Representations Regarding Your Use of the Service. When you use the Service, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Service and your use of services available on the Service do not violate any applicable law or regulation; (c) you are 13 years of age or older; and (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms of Service.
4.License.
(1) During the term of this Agreement, you will only have the non-exclusive and limited right to use the Service for non-commercial purposes. You may not reverse engineer, decompile or disassemble the Products, and may not attempt to obtain the source code of the Products, unless and to the extent expressly permitted by applicable laws.
(2) You may not use any plug-in, add-in, crawler or other third-party tool not authorized by the Company to capture, copy or compile Wallsart picture materials or other data, or perform any other activity that may interfere with or damage the normal operation of Wallsart and harm the legitimate interests of Wallsart.
(3) Without prior written consent of the Company, you may not transfer or assign the Software, this Agreement and/or any right or obligation under this Agreement.
(4) In the event you breach any material obligation under this Agreement, your rights under this Agreement will automatically terminate. Upon termination of this Agreement, you shall immediately destroy all copies of the software.
(5) All rights not expressly granted are reserved by the Company.
5.Prohibited Activities. You agree that, when using the Service, you will not:
£¨1£©Use the Service for any unauthorized purpose, including electronically or otherwise collecting other users' usernames and/or email addresses in order to send unsolicited emails or other electronic communications, or adding any unauthorized framework or link to the Service without our express written consent;
£¨2£©Transmit chain mail, junk mail or spam mail, or interfere with, damage or place undue burden on the Service or the network or service connected with the Service, including but not limited to hacking the Service, or using the System to send unsolicited or commercial e-mails, announcements, comments or other communications;
£¨3£©Impersonate any other individual or entity, sell or allow others to use your personal data or password, provide any false or misleading identity or address information, or infringe upon the privacy or personal or proprietary rights of any individual or entity;
6.Intellectual Property Rights.
£¨1£©The Company owns the relevant copyrights, trademark rights, patent rights and other intellectual property rights of Wallsart applications and websites, which are protected by the Hongkong laws, foreign laws, international conventions and other intellectual property right laws. Without the permission of the Company, no person may use programs including but not limited to robots, "spiders" and crawlers to monitor, copy, spread, mirror, upload and download the information content in Wallsart; or reverse engineer, reverse assemble or reverse compile Wallsart and relevant services.
£¨2£©The Company hereby grants you a permanent, non-transferable, revocable and non-exclusive license to use Wallsart services for non-commercial purposes. The Company reserves the right to withdraw such license under any necessary circumstances in the United States.
£¨3£©Without the prior written permission of the Company, the Wallart software may not be used commercially.
7.User Code of Conduct.
£¨1£©Registration and account. In order to use Wallsart's functions and services, you need to create an account ("Account"). You may be requested to provide information, data and other content about you ("account information"). You agree to: (a) provide the true, accurate, current and complete account information; (b) maintain and update your account information in a timely manner; (c) maintain only one account; (d) never use another person¡¯s account; and (d) be fully liable for the activities performed on your account and the security of your credentials.
£¨2£©Account information security. You are responsible for ensuring the security of your username and password as well as limiting access to your password and mobile device when logged into the Service. You are liable for all activities performed under your account or from your mobile device. You may not transfer or otherwise assign your account to any other individual or entity. In the event that you believe that your username, your password or your identity has been accessed without authorization, please contact us as soon as possible, so that we can work together to limit the damage. You may register or log into your account through a third-party network (such as Apple, Facebook, or Google).
£¨3£© In the event that any user violates any regulation when using Wallsart, the Company shall have the right to make its own judgment and take disciplinary measures such as warning, refusing to publish, deleting, blocking, chain breaking and permanent closing the account as appropriate.
8. Third-party websites. You understand and agree that the availability of the Service may depend on the third-party website from which you download the Service. You acknowledge that these Terms of Service are between you and the Company and are not applicable to third-party websites. Each third-party website may have its own terms and conditions, which you must agree to before downloading the Service. In the event that other terms and conditions applicable to third-party websites are less restrictive than these Terms of Service, or conflict with these Terms of Service, then the more restrictive or conflicting Terms of Service shall prevail.
9. During your use of Wallsart, you may receive business promotion information. You agree that the Company has the right to display business promotion information in Wallsart products and services. In the event that you do not agree with the Company's decision to push business promotion information, you may close the Service or cease using Wallsart at any time.
10.Subscription.
£¨1£© The application software provides you with download and services free of charge.
£¨2£© In the event that you wish to use certain functions and/or features ("advanced options") of the application, you may use them on a subscription basis.
£¨3£© You may have the opportunity to try "advanced options" during the trial period offered by Wallsart. After the trial period expires, the subscription period will be automatically renewed on a regular basis. Please note that your subscription will be automatically renewed within 24 hours prior to the end of your current subscription. You will be charged automatically unless you unsubscribe 24 hours prior to the end of the trial period. Any unused portion of the trial period (if offered) will be forfeited upon the subscription by user (if applicable). We reserve the right to, from time to time, modify, terminate or otherwise change the subscription plans we offer. When you unsubscribe from the advanced options, you can still use Wallsart's basic functions.
£¨4£© You may choose from different subscription plans. The prices of different subscription options will be displayed in ¡° WallsArt PRO ¡± on the application page, and the prices are expressed in USD. Before purchasing, you will receive the complete necessary information about the subscription plan and the duration of the free trial period within the Wallsart interface.
£¨5£© The auto-renewal option may be turned off in the iTunes account settings at least 24 hours prior to the end of the current subscription period. The amount payable will be deducted from your iTunes account when you confirm your purchase. During the active subscription period, cancellation of the current subscription is not allowed. The subscription shall be managed by yourself. Please note that deleting the application from your device will not deactivate your subscription.
11.Legal Disputes and Arbitration Agreement.Please Read This Following Clause Carefully¨CIt May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
(1) Initial Dispute Resolution. We are available by email at [support@cubewalls.com] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 11(1) above, then either party may initiate binding arbitration. Each of the parties to these Terms of Service irrevocably agrees that the courts of [Singapore] shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these Terms of Service or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of [Singapore]
The arbitrator, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(3) Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis.
(4) Applicable Law. You agree that federal laws and the laws of the Singapore, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.
12. Warranty Disclaimer; Limitation on Liability
(1) Disclaimer of Warranties
a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL Materials OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED ¡°AS IS¡± AND ¡°AS AVAILABLE,¡± WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE¡¯S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
(2) Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
13.Independent Contractors. Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
14. Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
15. Severability. These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
16. Assignment. We may assign our rights under these Terms of Service without your approval.
17. No Modifications by Our Employees. If any of our employees offer to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
18. Contact Information. If you have any questions about these Terms of Service or your account, please contact us at by email to [support@cubewalls.com]