You indicate acceptance of these terms by your continued use of X PhotoKit Team. (“X PhotoKit Team”,“We”,“Us” or ”Our”) services (“Services”) which includes the Web site located at https://xphotokit.com/ (the ”Site”), and all X PhotoKit Team. mobile phone applications (“Mobile”)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. X PhotoKit Team. ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY X PhotoKit Team., ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
The purpose of the Site and Mobile applications, owned and operated by X PhotoKit Team., is to provide photo editing and photo manipulation services. The Site and Mobile applications are accessed by you ("User" or "you") under the following terms and conditions:
1. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, X PhotoKit Team. may offer to provide the Services, as described more fully on the Site and in Mobile, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services and applications X PhotoKit Team. performs for you, as well as the offering of any content on the Site and in Mobile. We may change, suspend or discontinue the Services at any time, including the availability of any feature, tool, database, or content. X PhotoKit Team. may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.X PhotoKit Team. reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending you a notice via e-mail. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify to X PhotoKit Team. that if you are an individual (i.e., not a corporate entity) you are (a) of legal age to form a binding contract with X PhotoKit Team. and (b) not barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use the Services.
The Services are not intended for children under 13 without the constant supervision of a parent or legal guardian. If you are under 13 years of age and not under the constant supervision of a parent or legal guardian, then please do not use the Services. You certify that you are legally permitted to use and access the Services, and you or your legal guardian take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. X PhotoKit Team. makes no claim that the Services may be lawfully viewed or that content may be downloaded from any country. Access to the Content (as defined herein) may not be legal by certain persons or in certain countries. If you access the Services you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
X PhotoKit Team. will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by X PhotoKit Team. to minimize such disruption where it is within X PhotoKit Team. reasonable control.YOU AGREE THAT X PhotoKit Team. WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.X PhotoKit Team. retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access to or otherwise use the Services, including, without limitation, modems, devices, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SERVICE CONTENT AND PROPRIETARY RIGHTS
The Services and their contents are intended solely for the use of Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed in the Services, other than content developed or posted by User (“User Content”) including, but not limited to effect designs, art styles, text, graphics, logos, photographs, images, illustrations and animations (“Content”) are the property of X PhotoKit Team. and/or third parties and are protected by international copyright laws. As between you and X PhotoKit Team., however, you own and retain sole and exclusive right, title and interest in and to all of your User Content (subject only to the limited license therein granted to X PhotoKit Team. under this Section 2).
All trademarks, service marks, trade names as well as unique effect designs and art styles which appear in the Services (other than those appearing in any User Content) are proprietary to X PhotoKit Team. and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
It is prohibited to use, copy, make derivatives of, distribute or exploit any of the Content, software, materials, or Services in whole or in part for any commercial or competitive purpose (including “scraping” to gather information or content; decompiling or reverse engineering our Services or proprietary content; or framing or using similar techniques to include any X PhotoKit Team. Marks or our Services).
The Services cannot be used in any way to directly or indirectly, fully or partially replicate the functionality of the Services or to create any effect similar to app effects by any means or to create any competing or potentially competing product or technology. Prohibited usage includes, but is not limited to using the Services (directly or indirectly) to create datasets to train neural networks, reverse engineer the code, create templates for third party photo editing apps, etc.
You may download or copy the Content, and other items displayed in the Services for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from X PhotoKit Team., or from the copyright holder identified in such Content’s copyright notice. In the event you download software from the Services, including any files and images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to you by X PhotoKit Team. for your personal use, and no title to the Software shall be transferred to you. X PhotoKit Team. retains full and complete title to the Software and all intellectual property rights therein.
You acknowledge and agree that if you use any of the Services to contribute User Content to them in such manner as to make it available to the public or for all users, or to permit third parties to contribute Content through your User account, X PhotoKit Team. will have a non-exclusive, worldwide, royalty-free, transferable, sublicensable right, under all of your intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such User Content, and to allow third parties to do so in connection with the marketing or promotion of X PhotoKit Team., the Services by such third parties. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal. You warrant, represent and agree that you have the right to grant X PhotoKit Team. and the Services the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another , (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, malware, adware, time bomb or other programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.
X PhotoKit Team. reserves the right to remove any User Content from its Services, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to X PhotoKit Team. and/or the Services under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if X PhotoKit Team. is concerned that you may have breached the immediately preceding sentence). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing in the Services infringes a copyright, please send us a message. To satisfy our attribution requirements, you should include a direct link back to XPhotoKit
Any comments, suggestions, or feedback relating to the Services (collectively “Feedback”) submitted to X PhotoKit Team. shall become the property of X PhotoKit Team. or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, mobile application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
3. RESTRICTIONS
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of our Services.
Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will you use the Services to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Services or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Services, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you or others you have authorized to post Content under your account.
4. WARRANTY DISCLAIMER
X PhotoKit Team. has no special relationship with or fiduciary duty to you. You acknowledge that X PhotoKit Team. has no control over, and no duty to take any action regarding: which Users gain access to the Services; which Content you access via the Services; what effects the Content (including any Content which is a derivative work of your User Content the creation of which you authorized) may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Much of the Content of the Services is provided by and is the responsibility of the User who posted the Content. X PhotoKit Team. does not monitor the Content of the Services and takes no responsibility for such Content. You release X PhotoKit Team. from all liability for your having acquired or not acquired Content through the Services. The Services may contain, or direct you to web pages or mobile applications containing information that some people may find offensive or inappropriate. X PhotoKit Team. makes no representations concerning any content contained in or accessed through the Services, and X PhotoKit Team. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
ALTHOUGH X PhotoKit Team. AND THE SERVICES WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER X PhotoKit Team. NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.
THE SERVICES, CONTENT, SITE, MOBILE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. X PhotoKit Team. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, X PhotoKit Team. DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT X PhotoKit Team. IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED IN THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, ADWARE, MALWARE OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; AND (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT.
5. THIRD PARTY WEBSITES
Users of the Services may gain access from the Services to third party sites on the Internet or applications in app stores through hypertext or other types of links in the Services. Third party sites are not within the supervision or control of X PhotoKit Team. or its Services. Unless explicitly otherwise provided, neither X PhotoKit Team. nor the Services make any representation or warranty whatsoever about any third party site or application that is linked to the Services, or endorse the products or services offered on such sites anв applications. X PhotoKit Team. and the Services disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Services or X PhotoKit Team. with respect to such sites and third party content.
6. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to register with the Services and select a username and password. You shall provide us with accurate, complete, and updated registration information, including your e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a username a name of another person with the intent to impersonate that person; or (b) use as a username a name subject to any rights of a person other than you without appropriate authorization. You shall be responsible for maintaining the confidentiality of your password. You are solely responsible for any use of or action taken under your password and accept full responsibility for all activity conducted through your account and agree to and hereby release the Services and X PhotoKit Team. from any and all liability concerning such activity. You agree to notify X PhotoKit Team. immediately of any actual or suspected loss, theft, or unauthorized use of your account or password. The Services will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
7. INDEMNITY
You will indemnify and hold X PhotoKit Team., its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Services, your violation of this Agreement, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL X PhotoKit Team., ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
9. TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. X PhotoKit Team. may also terminate or suspend any and all of the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, and access to any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to X PhotoKit Team. or its Services, including without limitation any indemnification obligations contained herein.
10. PRIVACY
Please review our Privacy Policy,, which governs the use of personal information in the Services and to which you agree to be bound as a user of the Services.
11. MISCELLANEOUS
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you, the Services and X PhotoKit Team. with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. X PhotoKit Team. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond X PhotoKit Team. reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with X PhotoKit Team. prior written consent. X PhotoKit Team. may assign this Agreement in whole or in part at any time without your consent.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind X PhotoKit Team. in any respect whatsoever. Any notice to the Services that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to team@xphotokit.com.