Date of Last Revision: October 15th, 2019
These Terms of Service explain your rights and obligations in using the mobile applications ("Mobile Apps") of Vinwap, Inc., its subsidiaries, parents and affiliates ("Vinwap"). We refer to our Mobile App users as users ("Users") of Vinwap's Services ("Services") whether as a guest or registered user.
These Terms of Service together with our Privacy Policy form the agreement with you regarding the use of the Mobile Apps (the "Agreement").
Please read the Agreement carefully. By continuing to use the Services, you agree that you have read and are bound by these terms. If you do not agree to these terms, you must not use the Mobile App.
These Terms of Service include important agreements about your rights and the rights of vinwap, including a binding agreement about how to resolve any disputes between us connected to the Services.
These Terms of Service will also govern any dispute between us in connection with the Privacy Policy.
UPLOADING CONTENT COPYRIGHT.You agree that you have all necessary copyrights and permissions to submitted photos and will use generated images lawfully.
UPLOADING PHOTOS INCLUDING MINORS.When uploading photos including minors You agree that you have parental responsibility for them and necessary rights to sahre them.
SOLE CONSIDERATION. You agree that our sole offer to you in connection with the Services is to provide them as-are, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.
SERVICES PROVIDED AS-ARE. You agree to use the Services as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED "AS ARE" AND "AS AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
ONLINE SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you ("Account Information" in "an Account"). Our provision of any such interactivity is a Service, and governed by these Terms of Service. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage. To the extent that the Services interact with any other social media account or service you use, such as Facebook via Facebook Connect, you understand and agree that the provision of that other account or service are not the responsibility of vinwap. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of These Terms of Service. For certain Services, vinwap may require you to verify your phone number and consent to a one-time SMS message sent through a third-party service provider. You are responsible for providing your accurate phone number for verification purposes.
ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.
CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.
SUBSCRIPTION SERVICE.
- App includes PRO feature which is subscription based with a in-app specified free trial period after which payment is automatically initiated for the next
subscription period.
- Payment will be charged to your iTunes account after trial period is finished.
- Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period.
- Your account will be charged for renewal within 24-hours prior to the end of the current subscription period. Automatic renewals will cost the same price you were originally charged for the subscription.
- You can manage your subscriptions and turn off auto-renewal by going to your Account Settings on the App Store after purchase.
IF IMPORTANT, KEEP A COPY. You agree that unless otherwise specified any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at vinwap's sole discretion. Therefore, to the extent any Account Information has importance to you, you agree to maintain an original copy separate from these Services.
YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.
PROHIBITED USE OF THE SERVICES. You may not create a user name, post, upload, email or otherwise transmit to vinwap submissions of any kind that are, within the sole discretion of vinwap, determined to be commercial, illegal, offensive or potentially harmful to others.
YOUR SUBMISSIONS. When you provide submissions "Submissions" to vinwap, you still retain all of your rights of ownership in your Submissions. However, by uploading, posting or otherwise transmitting your Submissions on or to vinwap, you grant vinwap (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
When you provide any Submissions to vinwap, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize vinwap to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and have explicit permission, such as a signed, written consent and/or release from every person that may appear within the Submissions for vinwap to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Service.
OBJECTIONABLE CONTENT AND INTELLECTUAL PROPERTY.Vinwap respects copyright law and expects its users to do the same. It is Vinwap�s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. User should own copyrights to all submitted materials and should not upload clear violations of intellectual property infirgement by uploading materials connected to famous people, film/music offical arts or any copyrighted artworks. .
COPYRIGHT VIOLATIONS. If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to vinwap requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
An electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner; sufficient identification of the allegedly infringing material; sufficient information as to the location of the allegedly infringing material so that it may be found and identified; the complainant's name, address, telephone number and, if possible, email address; a written statement by the complainant of 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; and a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send vinwap a counter-notice. All notices with respect to vinwap should be sent to the vinwap Copyright Agent. vinwap suggests that you consult your legal advisor before filing a notice or counter-notice. You expressly acknowledge and agree that vinwap shall not be liable to you under any circumstances for declining to replace material. Also, be aware that there can be penalties for false claims under the DMCA.
vinwap's designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent
Vinwap
25 Dowgate Hill
London
Email: [email protected]
Only DMCA notices should go to the Copyright Agent.
TERMINATION BY US. We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.
AMENDMENTS. These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on the Websites. Where the changes are material, we may also choose to email all our registered users with the new details and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page.
If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us at: [email protected].