TERMS OF SERVICE
Welcome to Xpicstudio!
These are the terms of service for:
Xpicstudio
100 Peck Seah Street #08-14 PS100 Singapore 079333
(Hereby Xpicstudio).
By using the application, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these terms, then you may not use the application. In these terms, “we”, “us”, “our” and “Xpicstudio” refers to Xpicstudio and “you” and “your” refers to you, the user.
The following terms and conditions apply to the application, website and services offered by Xpicstudio. This includes the mobile versions as well as any other version accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Xpicstudio. By registering and using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on our website. You agree to be bound by any modification to this terms of service when you use our application after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. We may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
2. ELIGIBLITY
You may use the application only if you can form a binding contract with Xpicstudio, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
By using the application, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
3. LICENSE TO USE THE PLATFORM
Xpicstudio gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the content as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Xpicstudio application or third parties.
We reserve the right to terminate your access immediately, with or without notice, and without liability to you, if we believe that you have violated any of these terms or interfered with the use of the mobile game application or service by others.
4. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
5. COPYRIGHT
All content included on our application, such as text, graphics, logos, button icons, images, video, audio clips, virtual good/currency, data compilation, and software, is the property of Xpicstudio, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Xpicstudio and protected by international copyright laws. All software used on this site is the property of Xpicstudio or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our application in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our application, you do not own any rights or titles to our content or other intellectual properties.
6. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the application is accurate, complete or updated. The content the application is provided as entertainment. Any use of the material provided on this application is at your own risk.
7. PROHIBITED ACTIVITIES
The content and information available on the application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Xpicstudio or licensed to the Xpicstudio by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the application. Additionally, you agree not to:
Use the application or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by us;
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the services for any purpose without our express written permission;
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Xpicstudio in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
- Download any Content unless it’s expressly made available for download by Xpicstudio.
8. XPICSTUDIO RESPONSIBILITIES
Because of the nature of the Internet Xpicstudio provides and maintains the application on an “as is”, “as available” basis and makes no promise that use of the application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse us for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Xpicstudio liability for death or personal injury resulting from its negligence nor any fraudulent representation.
We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, we excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Xpicstudio and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Xpicstudio.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product purchased through the application.
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the application, or from transmissions via emails or attachments received from us.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
9. THIRD PARTY WEBSITES
Through your use of Xpicstudio you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Xpicstudio provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that we are in no way responsible or liable for any such third-party sites.
10. INDEMNIFICATION
You agree to defend and indemnify Xpicstudio and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use on the our application.
11. COMPONENTS
You understand that Xpicstudio and software embodied within Xpicstudio may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to our platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Xpicstudio.
12. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by us for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
13. CHANGES AND TERMINATION
We may change the application and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the application constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you by email or without any warning.
14. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the application use, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
15. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Xpicstudio, shall constitute the entire agreement between you and us concerning and governs your use of the application.
16. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
17. FINAL PROVISIONS
These Terms are governed by the Singapore laws. Use of our application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our application or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
18. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us at: