1. INTRODUCTION
Welcome to PECA ART!
Your use of PECA ART is subject to these
Terms of Service (these “Terms”). Thank you for reviewing these Terms – we hope
you enjoy using PECA ART.
If you have any question about, or if you wish to
send us any notice in relation to, these Terms, please contact us at help@creetagya.com.
1.1 Compliance with these Terms
These Terms apply to you if you are a user of PECA
ART anywhere in the world.
Please review these Terms and our policies and
instructions to understand how you can and cannot use PECA ART. You
must comply with these Terms in your use of PECA ART and only use PECA
ART as permitted by applicable laws and regulations, wherever you may
be when you use this software.
If you do not agree to these Terms, you may not use PECA
ART and must immediately terminate your use of this software and all
services.
1.2 Contracting Entity
By using PECA ART, you are agreeing to be
bound by these Terms between you and PECA ART Team (“we”, “our” and “us”).
We may specify in certain of our PECA ART
service-specific terms that you are contracting with one of our affiliate
companies or Service Providers (instead of us) in relation to your use of the
relevant PECA ART service or feature to which the relevant
service-specific terms apply. Where this is the case, the relevant contracting
entity will be identified in the relevant PECA ART service-specific
terms, and these Terms (and those relevant service-specific terms) will apply
between you and that identified contracting entity in relation to your use of
the relevant PECA ART services or features.
1.3 Service Eligibility
The services of PECA ART are not for use by
anyone under the age of 18.
To use the services, you agree that: (i) you must be the “Minimum Age” (described below) or
older; and (ii) you are not already restricted by us from using the services
provided via PECA ART.
We may change the Minimum Age from time to time based
on our sole discretion. Where this is the case, the users of PECA ART
who were below the new Minimum Age when they started using the services under a
previous Terms of Service may continue to use them, as they have already
reached the new Minimum Age since then.
“Minimum Age” means 18 years old. However, if
applicable law requires that you must be older in order to lawfully use PECA
ART without parental consent (including using of your personal data)
then the Minimum Age is such older age.
If applicable law requires you to obtain the consent
from your parent or guardian, then your parent or guardian must agree to these
Terms (both for themselves and on your behalf) before you can use PECA
ART.
1.4 Other general terms in relation to these Terms
We may translate these Terms into multiple languages,
and in the event there is any difference between the
English version and any other language version of these Terms, the English
version will apply (to the extent permitted by applicable laws and
regulations).
2. ADDITIONAL TERMS AND POLICIES
We offer a diverse range of services and features
within PECA ART, so in addition to these Terms, there may be certain
additional terms and policies that may be applicable to your use of all or part
of PECA ART, as set out in this section and as otherwise notified to
you from time to time. These additional terms of service and policies all form
part of and are incorporated into these Terms.
2.1 PECA ART policies
Besides these Terms, you must also comply with PECA
ART Privacy Policy which sets out how we collect, store and use your
personal information in using PECA ART.
2.2 Terms applicable to specific PECA ART
features
Some of our services and features may have additional
terms specific to their use (as notified by us to you), and you must comply
with such additional terms in your use of such services and features, as well
as these Terms.
2.3 Inconsistencies
To the extent that any additional terms or policies
are different from these Terms, the relevant additional terms or additional
policies will apply, except that nothing in those additional terms or policies
will (unless expressly indicated otherwise in those additional terms or
policies) amend the following sections of these Terms:
‧ “Changes to these Terms and PECA ART”;
‧ “Our Intellectual Property Rights”; and
‧ “Liability for PECA ART”.
3. CHANGES TO THESE TERMS AND PECA ART
We may make changes to these Terms above from time to
time, so please come back and review them.
In addition, as PECA ART and user
experiences are constantly evolving, we may from time to time (and to the
extent permitted by applicable laws and regulations) add, change or remove
features from PECA ART (including in relation to whether a service is
free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or PECA
ART are reasonably material, we will (where reasonably practicable)
notify you of such changes by posting them on our website, through our services
or by sending you an email or other notification, and we will indicate when
such changes will become effective. By continuing to use PECA ART
after we make any change to these Terms or PECA ART, with or without
notice from us, you are agreeing to be bound by these revised Terms. If you
object to any changes, you may close your account.
4. YOUR ACCOUNT
You will need to create an account with us in order
to access and use PECA ART via 1) using your existing account opened
at third party social media platforms (such as Facebook or Google) and 2)
registering and logging in as visitors. Under the circumstance you choose 1),
we will have the right to access, collect and use your information relating to
these third party accounts.
Any account that you open with us is personal to you
and you are prohibited from gifting, lending, transferring or otherwise
permitting any other person to access or use your account. Your account name,
user ID and other identifiers you adopt within PECA ART remains our
property and we can disable, reclaim and reuse these once your account is
terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i)
safeguarding your account details, including any password used to access your
account and PECA ART, and (ii) all use of PECA ART under your
account. You must promptly notify us at help@creetagya.com if you know or suspect that your password or account
has been compromised. We will regard all use of your account on PECA
ART as being by you, except where we have received and acknowledged your
notification to us regarding your account/password being compromised.
PECA ART may offer methods for deactivating
your service-specific account – please refer to PECA ART for further
guidance (if available) from time to time.
Please note that when you login as a visitor, there
is always a risk of loss of both your account and any interests linked with the
account, such as gold coins you prepaid. Therefore, we highly recommend you
login through Facebook or Google account, to avoid any risk of loss of
information and gold coins.
5. PAYMENTS
You may, from time to time, make payments to us or
third parties as part of your use of PECA ART (including for the
provision of PECA ART or provision of certain additional features
within PECA ART). We may set out further terms applying to such
payments (including in relation to refunds (if any), billing arrangements and
any consequences of failing to make timely payments). You must comply with all
such terms in relation to your payments to us. You agree that you are solely
responsible for all fees and taxes associated with any such payments, and that
pricing and availability of items and products are subject to change at any
time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS
OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN PECA
ART, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR
ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR PRODUCTS WITHIN PECA
ART (WHETHER USED OR UNUSED).
We may process payments from you in PECA ART
via a third-party service and you agree to comply with that relevant third
party's terms and conditions in relation to the payment processing service, as
further set out in the “Third Party Content and Services” section below.
Also, you agree that:
‧ your purchase may be subject
to foreign exchange fees or differences in prices based on location (e.g.
exchange rates); and
‧ we may calculate taxes
payable by you based on the billing information that you provide us at the time
of purchase.
6. YOUR CONTENT
When you submit, upload, transmit or display any
data, information, photograph or other content in connection with your use of PECA
ART (“Your Content”), you understand and agree that:
‧ you will continue to own
and be responsible for Your Content;
‧ we will not sell Your
Content to any third party;
‧ Your Content will be shared with other users of PECA
ART in many ways. For example, Your Content will be seen by other
users of PECA ART once you have uploaded Your Content to PECA
ART;
‧ you are giving us and our
affiliate companies the right to use Your Content (with no fees or charges
payable by us to you) solely for the purposes of providing, promoting,
developing and trying to improve PECA ART and our other services,
including new services that we may provide in the future;
‧ in using Your Content for
these purposes, we and our affiliate companies may copy, reproduce, host,
store, process, adapt, modify, translate, perform, distribute and publish Your
Content worldwide by all distribution methods, including those that are
developed in the future;
‧ we may share Your Content
with third parties that we work with to help provide, promote, develop and
improve PECA ART, but these third parties (other than our affiliate
companies) will not make any separate use of Your Content for their own
purposes (i.e. for any purposes that are not related to PECA ART);
‧ we may use the name that
you submit in connection with Your Content (whether that be your account name,
real name or otherwise); and
1. you will comply with these Terms in your
submission of Your Content.
2. You are prohibited from posting and agree not to
post any prohibited content as determined by company, in its sole discretion
and which includes, without limitation: Sexually Explicit Material, Violence
and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP
Infringement.
In addition, you agree that we and our affiliate
companies (subject to these Terms, our PECA ART Privacy Policy and
applicable laws and regulations):
1. are allowed to retain and continue to use Your
Content after you stop using PECA ART – for example, where you have
shared Your Content with other users of PECA ART;
2. may be required to retain or disclose Your Content
in order to: (i) comply with applicable laws or
regulations; (ii) comply with a court order, subpoena or other legal process;
or (iii) respond to a lawful request by a government authority, law enforcement
agency or similar body (whether situated in your jurisdiction or elsewhere);
and
3. may need to retain or disclose Your Content in
order to enforce these Terms, protect our rights, property or safety, or the
rights, property or safety of our affiliate companies or other users of PECA
ART.
You understand that even if you seek to delete Your
Content from PECA ART, it may as a technical and administrative matter
take some time or not be possible to achieve this – for example, we may not be
able to prevent any third party from storing or using any of Your Content that
you have made public via PECA ART.
We reserve the right to block or remove Your Content
for any reason, including as is in our opinion appropriate or as required by
applicable laws and regulations.
You are solely responsible for Your Content and we
recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or
display Your Content, and to grant us the rights as set out in these Terms; and
(ii) Your Content (and our use of Your Content in accordance with these Terms)
does not infringe or violate the rights of any person or otherwise contravene
any applicable laws or regulations.
PECA ART is not a storage service. You agree
that we have no obligation to store, maintain or provide you a copy of any
content or information that you or others provide, except to the extent
required by applicable law and as noted in PECA ART Privacy Policy.
7. INFRINGEMENT OF RIGHTS
We may respond to notices of alleged infringement of
rights (including infringement of intellectual property rights, defamation and
infringement of other civil rights) and other claims and demands. If you have
any such infringement-related concerns, please contact help@creetagya.com.
8. THIRD PARTY CONTENT AND SERVICES
We are not responsible for and we do not endorse,
support or guarantee the lawfulness, accuracy or reliability of any content
submitted to, transmitted or displayed by or linked by PECA ART,
including content provided by users of PECA ART or by our advertisers.
You acknowledge and agree that by using PECA ART, you may be exposed
to content which is inaccurate, misleading, defamatory, offensive or unlawful.
Any reliance on or use of any content on or accessible from PECA ART
by you is at your own risk. Your use of PECA ART does not give you any
rights in or to any content you may access or obtain in connection with your
use of PECA ART.
We also do not guarantee the quality, reliability or
suitability of any third-party services provided, made available, advertised or
linked through PECA ART and we will bear no responsibility for your
use of or relationship with any such third parties or third
party services.
We may review (but make no commitment to review)
content or third party services made available through
PECA ART to determine whether or not they comply with our policies,
applicable laws and regulations or are otherwise objectionable. We may remove
or refuse to make available or link to certain content or third
party services if they infringe intellectual property rights, are
obscene, defamatory or abusive, violate any rights or pose any risk to the
security or performance of PECA ART.
There may be, from time to time, third party content
and services on PECA ART that are subject to further terms – for
examples, terms from the relevant third party that originally produced or
created such content or service, or terms from the relevant third party in
relation to promotional activities being held on PECA ART. You agree
to comply with any such further terms and conditions as notified to you in
relation to your use of such third party content and
services.
9. ADVERTISING CONTENT ON PECA ART
PECA ART may include advertising or
commercial content. You agree that we are allowed to integrate, display and
otherwise communicate advertising or commercial content in PECA ART.
10. OUR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or to PECA
ART (including any future updates, upgrades and new versions to PECA
ART), will continue to belong to us. Except as expressly provided in these
Terms, you have no right to use our intellectual property rights. In particular,
you have no right to use our trademarks or product names, logos, domain names
or other distinctive brand features without our prior written consent. Any
comments or suggestions you may provide regarding PECA ART are
entirely voluntary and we will be free to use these comments and suggestions at
our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse
engineer or extract source codes from PECA ART, except to the extent
that we may not prohibit you from doing so under applicable laws or regulations
or you have our prior written consent to do so. Where applicable laws or
regulations entitle you to reverse compile or extract source codes from PECA
ART, you will first contact us to request the information you need.
We may from time to time provide updates to PECA
ART. Such updates may occur automatically or manually. Please note
that PECA ART may not operate properly or at all if upgrades or new
versions are not installed by you. We do not guarantee that we will make any
updates available for any of PECA ART, or that such updates will
continue to support your device or system.
We may in our discretion provide technical support
for PECA ART (whether for free or for a fee). We provide technical
support without any guarantee or warranty of any kind, and subject always to
these Terms.
11. USE OF YOUR DEVICE BY PECA ART
In order for us to provide PECA ART to you,
we may require access to and/or use of your relevant device (e.g.
mobile phone, tablet or desktop computer) that you use to access PECA
ART – for example, we may need to use your device's processor and storage to
complete the relevant PECA ART software installation, or use your
device's camera and microphone to provide video chat services to you. You agree
to give us such access to and use of your device.
We will provide further information regarding how PECA
ART uses and accesses your device within PECA ART or in
another manner (e.g. via the relevant app store as
part of the installation process for PECA ART on your device). You
understand that if you do not provide us with such right of use or access, we
may not be able to provide PECA ART to you.
Any Personal Information (as defined in the PECA
ART Privacy Policy) that we use or access within your device will be
treated in accordance with these Terms, including our PECA ART Privacy
Policy.
You may need an adequate internet connection in order
to authentic your PECA ART account or use PECA ART. You may
also be required to activate certain functionalities within PECA ART
in the manner described within PECA ART. You may not be able to use
certain functionalities within PECA ART if you do not comply with such
requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from
your internet and telecommunication services providers) in relation to or
arising from your use of PECA ART.
12. DOS AND DON’TS
12.1 You agree that you will:
a. comply with all
applicable laws, including privacy laws, intellectual property laws, anti-spam
laws, export control laws, tax laws, and regulatory requirements;
b. strictly follow these
Terms; and
c. use PECA ART in a good manner.
12.2 You agree that you won’t:
a. act in an unlawful or bad manner in connection
with PECA ART, including being dishonest, abusive or discriminatory;
b. post defamatory obscene, shocking, hateful, threatening
or otherwise inappropriate content or airing personal grievances or disputes;
c. create a profile for
anyone other than yourself (a real person);
d. use or attempt to use another's account;
e. steal or attempt to steal another’s virtual
property, such as virtual gifts;
f. harass, abuse or harm
another person;
g. develop, support or use
software, devices, scripts, robots, or any other means or processes (including
crawlers, add-ons, or any other technology or manual work) to scrape PECA
ART or otherwise copy profiles and other data from PECA ART;
h. bypass or circumvent any access controls or
service use limits;
i.
copy, use, disclose or distribute any information obtained from PECA
ART, whether directly or through third parties (such as search engines),
without the consent of us;
j. use, disclose or distribute any data obtained in
violation of these Terms;
k. disclose information that
you do not have the consent to disclose (such as confidential information of
others);
l. violate the intellectual
property rights of others, including copyrights, patents, trademarks, trade
secrets, or other proprietary rights;
m. violate the intellectual
property or other rights of us;
n. post anything that contains software viruses,
worms, or any other harmful code;
o. manipulate identifiers in
order to disguise the origin of any message or post transmitted through PECA
ART;
p. create or operate a
pyramid scheme, fraud or other similar practice;
q. reverse engineer, decompile, disassemble, decipher
or otherwise attempt to derive the source code for PECA ART or any
related technology that is not open source;
r. remove, cover or obscure any advertisement
included in PECA ART;
s. use bots or other automated methods to access PECA
ART, add or download contacts, send or redirect messages;
t. monitor PECA ART’s availability,
performance or functionality for any competitive purpose;
u. access PECA ART except through the
interfaces expressly provided by us, such as its mobile applications;
v. use PECA ART for tasks that it is not
intended for;
w. override any security
feature of PECA ART; and/or
x. interfere with the
operation of, or place an unreasonable load on, PECA ART (e.g., spam,
denial of service attack, viruses, gaming algorithms).
13. WARRANTY AND DISCLAIMER
We warrant to you that we will provide PECA
ART using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY
APPLICABLE LAWS AND REGULATIONS, PECA ART IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE
ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO PECA
ART OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY PECA
ART, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT PECA
ART WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES;
(II) THAT PECA ART WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT PECA
ART WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR
NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT
PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
14. LIABILITY FOR PECA ART
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND
REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES
FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR PECA ART, ARISING
OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE PECA
ART AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND
REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE
FOR ANY OF THE FOLLOWING:
1. IN CONNECTION WITH THESE TERMS OR PECA
ART, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS,
EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR
GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE
CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR
SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF
PECA ART; (VI) YOUR USE OF PECA ART IN BREACH OF THESE TERMS;
OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
2. FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
3. FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS,
GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS,
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR
JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION
REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE
LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE
COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS,
COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING
FROM: (I) YOUR USE OF PECA ART; OR (II) YOUR BREACH OF THESE TERMS.
15. NO LIABILITY FOR THIRD PARTIES
As set out in the “Third Party Content and Services”
sections of these Terms, various third parties may provide certain content,
services or software within PECA ART.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND
US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH PECA
ART, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO
MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE
NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR
SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN PECA ART.
16. TERMINATION
These Terms will apply to your use of PECA
ART until your access to PECA ART is terminated by either you or
us.
We may suspend or terminate your access to your
account or any or all of PECA ART: (i) if we
reasonably believe that you have breached these Terms; (ii) if your use of PECA
ART creates risk for us or for other users of PECA ART, gives
rise to a threat of potential third party claims against us or is potentially
damaging to our reputation; (iii) if you fail to use PECA ART for a
prolonged period; or (iv) for any other reason in our sole and absolute
discretion. Where reasonably practicable, we will give you notice of any
suspension or termination.
Upon termination of your access to PECA ART
(in whole or in part), you will immediately permanently delete all copies of PECA
ART to which the termination relates and you will immediately cease
accessing and using PECA ART.
Following termination of these Terms, we will only
retain and use Your Content in accordance with these Terms (in particular, the PECA
ART Privacy Policy). Where we suspend or terminate all or part of PECA
ART, or where your access to PECA ART is terminated by you or
us, we do not guarantee that we will be able to return any of Your Content back
to you and we may permanently delete Your Content without notice to you at any
time after termination. Please ensure that you regularly back up Your Content.
17. GENERAL
These Terms are the entire agreement between you and
us in relation to PECA ART. You agree that you will have no claim
against us for any statement which is not explicitly set out in these Terms.
The words “include” and “including” are to be construed without limitation. The
invalidity of any provision of these Terms (or parts of any provision) will not
affect the validity or enforceability of any other provision (or the remaining
parts of that provision). If a court holds that we cannot enforce any part of
these Terms as drafted, we may replace those terms with similar terms to the
extent enforceable under applicable laws and regulations, without changing the
remaining terms of these Terms. No delay in enforcing any provision of these
Terms will be construed to be a waiver of any rights under that provision. Any
rights and obligations under these Terms which by their nature should survive,
including any obligations in relation to the liability of, or indemnities (if
any) given by, the respective parties, will remain in effect after termination
or expiration of these Terms.
No person other than you and us will have any right
to enforce these Terms against any person, and you may not delegate, assign or
transfer these Terms or any rights or obligations under these Terms without our
prior consent. We may freely assign, transfer or sub-contract these Terms or
our rights and obligations under these Terms, in whole or in part, without your
prior consent or prior notice to you.
***END***
