Effective date: October 25, 2024
Welcome to Photo Dance (the "Platform").
These terms of service (the "Terms") as amended from time to time govern the relationship and serve as an agreement between you and SPARKHUB PTE. LTD. (the "Company", "we", or "us") and set forth the terms and conditions by which you may access and use the Platform and our related services, applications, products and content (collectively, the "Services"). For purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy , the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and is incorporated herein by reference.
Your use of and upload of Photo Dance to a Third Party Site will be subject to any terms and conditions of such Third Party Site, and you are solely responsible for ensuring your compliance with the terms and conditions of such Third Party Site.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. If you do not agree to this terms of use,then you have no right to install the Photo Dance application on any device or access or use the site,service,or Photo Dance content.
If you have any questions about this Agreement or our Services, please contact us at AIDreamerStudio@outlook.com.
We reserves the right, in our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or make it available within or from the Photo Dance Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms. By continuing to access or use the Services (including any Photo Dance Application) after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Services, including removing the Photo Dance Application from any devices. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms will apply to any dispute between you and Photo Dance that arose prior to the date of such revision. These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally through any other form of communication, oral or written.
You must be at least 9 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement.
You do not need to create an account for your use of the Services.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
We provide in-app purchases. You should maintain the privacy of your Google or Apple account and password and not share it with others. We are not obligated to compensate any user who suffers losses caused by your negligence to keep your account safe.
The Photo Dance Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under Photo Dance's control, and Photo Dance does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
As between you and the Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Company's Content"), are either owned or licensed by the Company. Use of the Company's Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company's Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Company's Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company's Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
We make no representations, warranties or guarantees, whether express or implied, that any Company's Content is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
Our Services may allow you and other users to create and store content, including photos, videos and other materials (collectively, "User Content"). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content, as between you and Photo Dance. Further, Photo Dance does not claim ownership of any User Content that you create on or through the Services. You grant Photo Dance a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, create derivative works from, distribute, perform and display your User Content during the term of this Agreement solely to provide you with the Services.
We may subsequently insert advertisements within the Photo Dance. Once we insert advertisements, you acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Photo Dance may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
Photo Dance is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Photo Dance will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
· Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
· Use or attempt to use another user's account without authorization from that user andPhoto Dance;
· Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
· Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
· Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
· Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
In the future, Photo Dance may provide you with the function of self-publishing your created content in the app. When Photo Dance provide this feature，you may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
· Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
· The creation or distribution of adult content or materials related to child sexual abuse (CSA) is strictly prohibited. This encompasses, but is not limited to, any images or videos that feature pornography, nudity, explicit representations of sexual anatomy, sexually suggestive animations, or any content aimed at sexual arousal, including vulgar gestures or explicit discussions.
· Content that may offend or show disrespect towards cultural, religious, ethnic, gender, or racial groups is not allowed. This includes images and videos that could provoke controversy or distress individuals based on their cultural heritage, gender identity, or racial background.
· Content that portrays graphic violence is prohibited. This includes, but is not limited to, images and videos depicting severe physical harm, bodily mutilation, bloodshed, or violent acts that may be unsettling for other community members.
· Do not use photographs of friends, family members, or any individuals without obtaining their explicit consent.
· The use of images featuring political figures is discouraged. Our platform aims to remain neutral and avoid political disputes to ensure a harmonious environment for all members.
· Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
· Impersonates, or misrepresents your affiliation with, any person or entity;
· Contains any private or personal information of a third party without such third party's consent;
· Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
· Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Photo Dance or others to any harm or liability of any type.
In addition, while we are not obligated to screen, edit, or monitor User Content, we reserve the right to delete or remove such content at any time and for any reason. Failure to adhere to these guidelines may result in disciplinary actions, including temporary suspension, permanent removal from the community, a ban on using our services, and deletion of all user-generated content.
The Services are protected under the laws of copyright, patent, trademarks and other intellectual property rights of the countries where Services are available. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to infringe on any intellectual property rights by accessing or using the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services, including without limitation for any user who infringes or is alleged to infringe any intellectual property rights or proprietary rights.
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The services are provided "as is" and we make no warranty or representation of any kind, either express or implied, to you with respect to them. in particular we do not represent or warrant to you that:
· your use of the services will meet your requirements;
· your use of the services will be uninterrupted, timely, secure or free from error;
· any information obtained by you as a result of your use of the services will be accurate or reliable; or
· defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms or warranties as to satisfactory quality, merchantability, fitness for purpose, conformance with description, non-infringement, or other violation of rights) apply to the services except to the extent that they are expressly set out in the terms. we may change, suspend, withdraw or restrict the availability of all or any part of the platform for business and operational reasons at any time without notice.
Photo Dance and the other Photo Dance parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Photo Dance or the other Photo Dance parties have been advised of the possibility of such damages.
The total liability of Photo Dance and the other Photo Dance parties, for any claim arising out of or relating to this agreement or our services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Photo Dance or the other Photo Dance Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Photo Dance and the otherPhoto Dance Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Photo Dance and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Photo Dance Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Photo Dance Parties of any third party Claims, cooperate with Photo Dance Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Photo Dance Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Photo Dance or the other Photo Dance Parties.
17.1 Governing Laws. The execution, performance, interpretation, modification and disputes settlement of this Agreement shall be governed by the laws of Singapore, excluding its conflict-of-law provisions. You agree that this Agreement is signed in Singapore.
17.2 Arbitration. Any dispute or controversy between you and us based on this Agreement shall be first settled through friendly negotiation. If no settlement can be reached through friendly negotiation, you unconditionally consent and agree that any claim, dispute or controversy (whether in contract, tort or otherwise) you may have against any of our entities, the directors, agents, and employees of any of our entities shall be submitted to Singapore International Arbitration Centre (SIAC) for settlement in accordance with the rules of SIAC. The arbitration shall take place in Singapore, and the arbitration proceedings and all pleadings and written evidence shall be in the English language, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.
By accessing or using the Services, you also consent to receive electronic communications from Photo Dance (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
The Services hereunder are offered by SPARKHUB PTE. LTD. You may contact us if you have any questions about our User Agreement at AIDreamerStudio@outlook.com.
If there is any ambiguity in other language versions, the English version shall prevail.