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Terms and Conditions ("Terms")

Last updated: September 25, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the "AllPics", https://all.pics website (the "Service") operated by ArtWare Studio UG (haftungsbeschränkt) ("ArtWare Studio", "us", "we", or "our").

ArtWare Studio UG (haftungsbeschränkt) provides the AllPics site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual property rights

Copyright (c) 2019 ArtWare Studio UG (haftungsbeschränkt). All Rights Reserved.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ArtWare Studio. AllPics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AllPics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Data Policy

We care about data privacy and security. Please review our Privacy Policy: https://all.pics/privacy.

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States and European Union. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

User generated content (UGC)

The Services may enable you to upload, post and transmit Photos and Videos to the Site or other portions of the Services (including user photo albums) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, including Media, the "User Generated Content").

You retain all intellectual property rights of any User Generated Content you upload and/or post or otherwise make available through the Services, including the copyright of your Media. AllPics does not claim any ownership, right, title or interest of your User Generated Content.

By uploading and/or posting any UGC to the Site or otherwise by using the Services, you grant AllPics a nonexclusive, perpetual and royalty-free right to use the User Generated Content as is reasonably necessary in order to enable AllPics to provide the Services, including to display the User Generated Content on the Services.

YOU ARE SOLELY RESPONSIBLE FOR THE USER GENERATED CONTENT THAT YOU UPLOAD AND/OR POST USING THE SERVICES.

You represent and warrant that:

  1. you are creator, owner or has necessary licenses, rights, consents, releases, and permissions to use and to authorize us the User Generated Content that you upload and/or post.

  2. your UGC is not falsy, inaccurate, or misleading;

  3. your UGC does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

  4. your UGC is NOT unlawful, pornographic, indecent, defamatory, obscene, hateful, sexually suggestive, threatening, harassing, invasive of privacy or publicity rights, inflammatory, abusive, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Videos or other User Generated Content containing nudity that would be unacceptable in a public museum where minors visit;

  5. your UGC does NOT constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;

  6. your UGC does NOT infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;

  7. your UGC does NOT impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  8. your UGC does not have unsolicited promotions, political campaigning, advertising or solicitations;

  9. your UGC does not have private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;

  10. your UGC does not have viruses, corrupted data or other harmful, disruptive or destructive files;

  11. your UGC does not violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Although we prohibit certain activities in these Terms of Use, AllPics does not make any representation or warranty that the User Generated Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions.

AllPics reserves the right (but is not obligated) to 1. review or screen any User Generated Content submitted to the Site or otherwise submitted through the Services; 2. edit any User Generated Content posted on the Services; 3. remove any User Generated Content from the Services for any reason, at any time, without prior notice, at our sole discretion.

AllPics will have no liability or responsibility to users of the AllPics Services or any other person or entity for performance or nonperformance of such activities.

AllPics's enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Generated Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Generated Content.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

The information contained on AllPics website (the "Service") is for general information purposes only. AllPics assumes no responsibility for errors or omissions in the contents on the Service. In no event shall AllPics be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. AllPics reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice. AllPics does not warrant that the website is free of viruses or other harmful components.

Payments

Payments are handled by third parties PayPal and Stripe. You understand and agree that we have no control over these third party payment partners, and therefore, any delay and disruption in payment processing resulting in malfunction or data loss are completely beyond our control and we assume no responsibility.

External links disclaimer

AllPics website may contain links to external websites that are not provided or maintained by or in any way affiliated with AllPics Please note that the AllPics does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Electronic communications, transactions, and signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data

Changes

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Contact Us

If you have any questions about these Terms, please contact us at artem@all.pics