Terms and Conditions - Maskomatic - Maskomatic
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Terms and Conditions

Last modified: November 27, 2018

This Terms and Conditions (“Terms and Conditions”) constitutes a binding agreement between Maskomatic (”we”, ”us”, or ”our”) and each end user (”you” or ”your”) regarding the use of maskomatic.se, (the ”Website”) and/or the app Maskomatic (the ”App”) offered by us.

This App allows you to: (a) take photos using the application; (b) load existing photos from your photo library; (c) place stickers on your photos; (d) purchase stickers and (e) save edited photos for personal use or/and share photos on your third party social media account(s). These Terms and Conditions govern your use of the App, and your agreement is a condition precedent to using this App. Please read these Terms and Conditions carefully before proceeding.

BINDING EFFECT

BY DOWNLOADING, INSTALLING, AND USING THIS APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE THE APP FROM YOUR DEVICE.

The Dispute resolution Section of these Terms and Conditions contains a binding arbitration agreement and class action waiver that waive your right to a court hearing and jury trial.

AGE REQUIREMENTS FOR USE OF THIS APP

Age Requirements for General Use

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Age Requirements for Purchases

You must be at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein, in order to purchase products on this App. By agreeing to the Terms and Conditions during the checkout process, you represent and certify that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.

MODIFICATION TO THESE TERMS AND CONDITIONS

We will email you or place a notice on this Website and/or App in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Website and/or App. Please check these Terms and Conditions periodically for changes. Your continued use of this Website and/or App following our posting of any changes to these Terms and Conditions means that you accept those changes.

RESTRICTIONS ON USE

You agree not to use any device, software, or routine to interfere with the proper functioning of the App. You shall not transmit any information, software, or other material that contains a virus or other harmful component. You are prohibited from violating or attempting to violate any security features of this App. You shall not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this App. Additionally, you are prohibited from violating or attempting to violate any security features of this App. Any violation of system or network security may subject you to civil and/or criminal liability.

COPYRIGHTS, TRADEMARKS, AND OTHER PROPRIETARY RIGHTS

All content on this App, including trademarks, trade names, trade dress, logos, illustrations, icon, fonts and service marks are the property of their respective owners, including, in some instances, us.

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the App on your personal device solely in connection with your use of the App for your personal, noncommercial use.

Any rights not expressly granted herein are reserved by us and our licensors. You may not modify, create derivative works, copy, redistribute, publish, transmit, display, or in any way exploit any content or material from this App.

THIRD PARTY LINKS AND RETAILERS

We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may be subject to different legal requirements. Access to participating retailers does not constitute an endorsement by us of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions.

If we provide links to social media platforms, such as Instagram, please note that we do not control user content on social media and are not responsible for any third-party use of your personal information that you have made available there.

APP UPDATES

We will not be liable if, for any reason, all or part of this App is ever unavailable. From time to time, we may restrict access to all or some of this App. We undertake no obligation to update, amend, or clarify information on this App, including without limitation, pricing information, except as required by law.

On occasion, information on this App may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information if any information on the App is inaccurate.

PAYMENT

Prices and Promotions

All prices, discounts, and promotions posted on this App are subject to change without notice. We may, from time to time, offer promotions or other discounts on product purchases. We reserve the right to suspend any such promotions, update product information and change prices at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us at our sole discretion.

We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to cancel any orders arising from such occurrences.

Payment Terms

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Currently, you may make purchases on our App through the use of your Apple account using your Apple ID, and therefore, we do not process your method of payment or payment information through our App, and we take no responsibility for your payment information. Nonetheless, by entering into any transaction through the App, you warrant and represent that all information you provide is true, correct, and complete (including, without limitation, your credit card information and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices; and that you are the legal holder of any credit card or payment account used to enter into any transaction through the App.

If, in our sole discretion, we determine that you have engaged in an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the App, and terminate all of our obligations hereunder.

Payment Processing

By agreeing to the Terms and Conditions, you consent that the payment processing services for products purchased on this App are processed through your Apple account.

No Refunds

All sales are final and there are no refunds for any purchases. If you feel that you did not receive your purchased product and you have been charged, please contact us at hello@maskomatic.se.

Questions

If you have any questions or concerns please email us at hello@maskomatic.se.

DISCLAIMER

THIS APP AND THE INFORMATION, GRAPHICS, MATERIALS, AND PRODUCTS IN THIS APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, RELATED TO ANY USE OF THE APP, THE MATERIALS ON THIS APP, OR THE PRODUCTS, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers, and suppliers from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages, and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to you accessing this App. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

PRIVACY

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all non-personal data and personal data collected from you in connection with your use of this App and/or Website.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

NOTICES

We may send you responses or notices by e-mail, posting to this Website and/or App, or written communication sent by Postal 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.

Complaint and Disputes

Please contact us immediately using our contact details under QUESTIONS below if you: (a) have any questions, complaints, claims or concerns about content which appears in our App, in relation to our Stickers or in relation to us generally; or (b) believe that any act or omission by us is in breach of applicable law. We will then consider your concerns and decide whether to take action. We will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the App. The right to complain of a defect in the App ends after three years.

QUESTIONS

If you have any questions or comments regarding these Terms and Conditions, our Privacy Policy or this App, please feel free to contact us by e-mail at hello@maskomatic.se.