Terms of Use
1.INTRODUCTION
1.1 Please read these Terms of Use (Agreement) carefully before using the "Add Text To Photo" application software provided by Navid Hasan ("Add Text To Photo", we," or "us"). By using our App, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the App. We reserves the right to make unilateral modifications to the terms of the Agreement of "Add Text To Photo" app. This Agreement applies to all visitors, users, and others who download, access or use the App (“Users").
1.2 Please read these "Terms of Use" carefully before using our services. By using any of our services (other than to read these terms of use for the first time) you are agreeing to comply with these terms of use, which may change from time to time as set forth in section titled “amendments; additional terms”. If you do not agree to these terms of use, do not use our services. If you do not install the latest version of our applications, please do not continue to use them.
2. ACCESS AND USE
2.1 "Add Text To Photo" may offer certain portions of Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.
2.2 Free Content
2.2.1 You may use the Free Content, in conjunction with the Service with which it was provided, only in order to Edit or Amend such Free Content. “Edit or Amend” shall mean (to the extent relevant to the media in question) the adding Text, Overlays, Stickers, Artworks, editing, filtering, cropping and reshaping photos.
2.2.2 The free Content may incorporated with a logo, trademark, service mark or any other branding or identifier.
2.2.3 We may incorporate advertisements in an App or any feature of a Service. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we recommend or endorse the goods or services that they offer, and we bear no responsibility for any decision by you to purchase such goods or services.
2.3 Subscription
2.3.1 Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
2.3.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancels it. You can cancel your Subscription renewal through your account management setting.
2.4 If you hold any versions v2.0 and up, you're allowed to use your designs for personal, as well as commercial purposes, meaning you can use your designs you make using the app to promote your brand or business online, or print them and use or sell them as physical products.
2.5 When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content. 2.6 Furthermore, except as expressly permitted in these Terms of Use, you may not: (a) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content; (b) Circumvent, disable or otherwise interfere with our securityrelated features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content; (c) Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose without our express written permission; (d) Collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses; (e) Solicit other users to join or become members of any commercial online service or other organization without our prior written approval; (f) Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same; (g) Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; (h) Use network-monitoring software to determine architecture of or extract usage data from our Services; (i) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below)); (j) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services. 2.7 You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
3. PRIVACY
3.1 We value your right to privacy and we are committed to protect your data. Therefore we created our Privacy Policy to provide you with information on what data we collect from you and how we use, collect and process it, the purposes of data processing and your privacy rights.
4. INTELLECTUAL PROPERTY
4.1 Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or both.
4.2 In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities
4.3 Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
5. USER CONTENT
5.1 We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services and for use or display to others (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
5.2 You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
5.3 You represent, warrant, and covenant that you will not submit any User Content that: (a) Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (b) Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; (c) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (d) Is an advertisement for goods or services or a solicitation of funds; (e) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (f) contains a formula, instruction, or advice that could cause harm or injury; or (g) is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted. 5.4 We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to refuse to post, remove, or disable access to any User Content.
6. SERVICE CONTENT & THIRD PARTY LINKS
6.1 We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances we shall not be liable for any loss or damage caused by your reliance on any Service Content.
6.2 In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
6.3 Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these thirdparty websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. INDEMNIFICATION
7.1 You agree to indemnify and hold harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of our Services; (b) User Content provided by you or through use of your Membership; (c) any actual or alleged violation or breach by you of these Terms of Use; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) you'r acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
8. DISCLAIMER OF WARRANTIES
8.1 You expressly agree that use of our services is at your sole risk. Our services and service content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. We do not warrant that, our services will: (a) meet your requirements; (b) concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our services or service content; (c) title, non-infringement, merchantability, or fitness for a particular purpose; (d) received through or advertised or accessed through our services; (e) concerning the accuracy or reliability of the results that may be obtained from the use of our services; (f) be secure or uninterrupted; and (g) corrected and/or appropriate including software.
9. LIMITATION ON LIABILITY
9.1 under no circumstances we shall be liable for indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our services or these terms of use. your sole remedy for dissatisfaction with our services including, without limitation, service content is to stop using our services. such limitation shall also apply with respect to damages incurred by reason of goods received through or advertised in connection with our services or any links placed in our services, as well as by reason of any information or advice received through or advertised in connection with our services or any links placed in our services. such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our services.
9.2 Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies exceed the lesser of the total payments received from you by company during the preceding twelve (12) month period or $100. furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with any of our services or these terms of use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
9.3 In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
10. TERMINATION
10.1 We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
10.2 Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law.
11. COPYRIGHT POLICY
11.1 We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our systems that may be infringing or the subject of infringing activity.
11.2 If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (c) Identification of 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 permit us to locate the material. (d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) 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 owner of an exclusive right that is allegedly infringed.
12. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the Republic of Bangladesh without regard to its conflict of laws rules. Any legal proceedings against Company that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the courts of Bangladesh, Bangladesh and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
13. DISPUTE RESOLUTION & MANDATORY ARBITRATION
13.1 We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
13.2 If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
14. NO CLASS ACTIONS & NO TRIAL BY JURY
14.1 To the extent allowed by law, we each waive any right to pursue disputes on a class-wide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
14.2 To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
15. CHANGES TO THE TERMS AND SERVICES
15.1 We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use.
15.2 In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
15.3 Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.
15.4 We may, at any time, with or without prior notice, change the features, scope, design, layout or availability of the Apps or any of the Services.
If you have any queries or suggestion about our "Terms of Use", Please do not hesitate to Mail us at greenbox.developer@gmail.com. Last Update July 19th 2019. Copyright 2019 NAVID HASAN, All right reserved.