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Terms And Conditions

ONPICER Terms of Service Last Updated: 02 NOV, 2020 BEFORE THE USE OF ANY ONPICER SERVICE, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER HAVING READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE REFRAIN FROM USING OUR PRODUCTS AND SERVICE. The following Terms govern the contractual relationships between you and Chengdu Everimaging Science & Technology Co., Ltd. (hereinafter, Onpicer or “Everimaging”). Onpicer reserves the right to modify or discontinue, temporarily or permanently, the Terms of Service in whole or in part with or without notice at any time. User agrees that Onpicer shall not be liable to them or to any third party for any modification, suspension or discontinuance of service. Please also read Onpicer’s Privacy Policy which details how Onpicer securely handles your personal information. Onpicer reserves the right to change the Terms of Service, so check back to view these terms periodically for changes. 1. Definition The following definitions shall apply in these terms: 1.1 ““Onpicer Service””: service operated by Everimaging, available (1) as web applications (hereinafter, collectively as “Website”) at www.onpicer.com (Global Website), at www.onpicer.com.cn (Chinese Website) and at www.pxbee.com (PxBee Website) ; (2) as desktop application (hereinafter, “Desktop App”) at Mac Store, at any PC app store or at Global Website; (3) as mobile application at Apple App Store, at Google Play or at any other mobile app store (hereinafter, "Mobile App"). 1.2 “Service”: unless otherwise specified, “Service” in these terms means the service provided on Onpicer Global Website. 1.3 “User” or “you”: any natural person, legal entity or legally responsible partnership who accesses Service, with or without registration. 1.4 “Content”: a collective term for any image, text, video/audio clip, music, sound, conversation that Users upload to Service. 1.5 Onpicer Design Templates” (or abbreviated as “Templates”): elements made available at Onpicer Global Website for User to apply in a Final Work, including but not limited, graphic layouts, original typographic styles, color schemes, bitmaps, vector graphics. 1.6 “Creative Images”: graphics provided on Onpicer Global Website, from Onpicer and/or its affiliates or partners, which User can apply directly to a Design Project within Onpicer Design Templates. 1.7 “Onpicer Design Resource” (or abbreviated as “Design Resource”): Onpicer Design Templates and Creative Images are collectively referred to as “Onpicer Design Resource” or “Design Resource”. 1.8 “Paid Service”: Design Resource and software features provided by Onpicer, which require User to pay to access. 1.9 “Subscription”: Paid Service is currently repackaged to Onpicer Pro, Onpicer Pro+ and printing service. Onpicer Pro and Onpicer Pro+ are provided based on User’s periodic payment and called “Subscription”. 1.10 “Subscription Period”: one month or twelve months, depending on the specific Paid Service that User chooses. Usually, a Subscription will start on the day of successful payment (“Payment Date”) and end on the same day of the next month or of the next year. Exceptionally, if User’s Payment Date is on the 29th, 30th or 31st of a month, while there is no same day next month or next year, Subscription will end on the last day of the next month or on the 28th February next year. 1.11 “Recurring Billing”: a payment model widely seen in subscription business to charge User on a regular billing schedule. In Onpicer’s case, Recurring Billing is based on Subscription Period. Unless User voluntarily cancels Subscription or withdraws permission, Onpicer will charge User at the end of each Subscription Period. Exceptionally, if User’s Payment Date is on the 29th, 30th or 31st of a month, while there is no same day next month or next year, next Payment Date will be automatically shifted by the system to an earlier date, say, either on the last day of the next month or on the 28th February next year. 1.12 “Design Project”: an uncompleted design work generated by User in combination of Design Resource and software features within Service. Design Project is an intermediate form of a Final Work and may contain steps of operation. It’s saved only on Onpicer web server and hasn’t been downloaded or exported by User. 1.13 “Final Work”: an end product or design work that has been created by or on behalf of User using User’s own creative elements, independent skills and effort, in addition with Onpicer Design Resource and/or software features and that has been downloaded or exported as non-editable picture or PDF file. 1.14 “Commercial Use of Final Work” (or abbreviated as “Commercial Use”): the use of the Final Work in connection with the operation of a business and/or any advertorial use. For the avoidance of doubt, a Commercial Use does not allow any sublicensing. 1.15 “Personal Use of Final Work” (or abbreviated as “Personal Use”): the use of the Final Work in connection with personal non-profit purpose. For the avoidance of doubt, Personal Use shall not include any use for commercial purposes. It’s only applicable to natural persons. 1.16 “Embedded Resale”: means incorporating any Creative Image and/or Template containing a Creative Image into the merchandise for sale or distribution (except for “print on demand”), including clothing, magnets, posters, online or paper greeting cards, mugs or T-shirts, provided the merchandise contains text or written words and the Creative Image and/or the Template containing the Creative Image constitutes only part of the whole value in the merchandise. For the avoidance of doubt, resale / distribution of any Creative Image and/or Template containing a Creative Image on a standalone basis (e.g. as artwork on a wall) does not belong to Embedded Resale but is deemed as sublicensing which is prohibited. 2. Service Registration 2.1 In order for User to enter the Service, User needs to register for a Onpicer account and provide information which include their email address and a password. User can also register with their Facebook profile. 2.2 As per local laws and regulations, User may be required to provide further information, including personal data, to perform certain service that is obliged to identify the User. 2.3 The Onpicer Account is to be secured with a password. User shall take all necessary steps to ensure that the password is kept confidential. User is obliged to notify Onpicer (nasimkhanshuvo5@gmail.com) without any undue delay if there are signs of misuse of their Onpicer Account by any third party. 2.4 User is not authorized to grant the use of the Onpicer Account opened in his/her name to any third party. Particularly, you are not allowed to 1) share your Onpicer Account with others, or 2) lending your Onpicer Account to others, or 3) selling the right to use your Onpicer Account (hereinafter, collectively referred to as "Unauthorized Access"). User is not authorized to grant the use of the Onpicer Account opened in his/her name to assist any third party to obtain any Paid Service or any Licensed Work from Onpicer (hereinafter referred to as "Contributory Copyright Infringement"). User understands that in the case of Unauthorized Access or Contributory Copyright Infringement, Onpicer shall be entitled to revoke all licenses previously granted to User and to recover against such User all loss, damages, costs and charges. 2.5 Unauthorized Access may also result in infringement on intellectual property rights of a third party other than Onpicer. In the event of such third-party claims against you, Onpicer cannot verify from system record through the account information therefore will not provide you with any authorization certificate or any other form of assistance to hold you harmless. In this case, you shall assume all liabilities on your own. 2.6 Onpicer has the right to block Users’ Onpicer account temporarily or permanently if there are reasons for Onpicer to believe that Users violate these Terms, any third-party rights or any applicable law(s). In the event of permanent blocking or deletion, User is not entitled to open up a new Onpicer account or to use any other existing account and Onpicer shall not refund any fees to User. Onpicer shall be entitled to recover against such User all loss, damages, cost and charges. 2.7 User can delete their Onpicer account following instructions in the Help Center (nasimkhanshuvo5@gmail.com). 2.8 Particularly, please be noted that deletion of Onpicer account will result in deletion of data/Content associated with this account. Meanwhile, User agrees that deletion of Onpicer account does NOT: 1) exempt User from any fees owed to Onpicer; 2) exempt User from other liability or obligation. 3. Content 3.1 All Content shall comply with local laws/regulations, respect third-party rights and follow commonly accepted social norms. 3.2 By using the Service, User agrees that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who has generated, transmitted, shared or posted the Content. This means that User, not Onpicer, is entirely responsible for all Content at every stage. This includes editing, uploading, posting, sharing, emailing or otherwise transmitting or making available Content via any of the service provided. Onpicer does not guarantee the storage of Content and is not intended as a back-up solution. User should back-up all Content that he/she considers important. Onpicer is not responsible for Content that is lost or damaged. 3.3 User shall not to upload any of the following to Service: Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, harassing, vulgar, defamatory, libelous, invasive of another's privacy, or hateful racially or ethnically. Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships. This includes inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements. Content that could infringe copyright or other proprietary or intellectual property rights without the explicit permission of the owner and the persons (or their parents or legal guardians, where applicable) who are shown in the content, if applicable. Content that assists to generate or spread malicious rumors or fake news. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other similar forms of solicitation. 3.4 You acknowledge that Onpicer does not pre-screen Content, but that Onpicer shall have the right (but not the obligation) to refuse, remove or move any Content at its sole discretion, either permanently or temporarily, because that Content violates the codes of conduct or regulations. User agrees to evaluate and bear all risks associated with the use of any Service provided by Onpicer and is responsible for any Content that he/she edited, uploaded, posted, shared, emailed or otherwise transmitted or made available via any of the Service provided, including the safety and accuracy of such Content. 3.5 Onpicer respects the intellectual property of others and we ask our Users to do the same. YOU WARRANT TO ONPICER THAT ANY CONTENT YOU INTEND TO UPLOAD AND SHARE IN THE SERVICE SHALL BE CREATED OR ORIGINATED BY YOURSELF; ANY CONTENT THAT CONTAINS THIRD-PARTY INTELLECTUAL PROPERTY SHALL HAVE OBTAINED SUFFICIENT AUTHORIZATION AND SUCH AUTHORIZATION SHALL MAKE ONPICER ENTITLED TO SUBLICENSE THE CONTENT. Except as having obtained a license, User is not allowed to download copyright protected Design Resource from the Service, either by “right-clicking” or by other technical means. Copyright infringement may expose you to severe civil liabilities and even criminal penalties. 3.6 Onpicer will investigate notices of alleged infringement promptly and will take appropriate action as per applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes infringement on your copyright or other rights, please contact nasimkhanshuvo5@gmail.com and provide us with the following information: A description of where the Design Resource in question is located, including details and directions that will assist our staff in locating it on a specific place on the website. A description of the copyrighted Work or other intellectual property that you claim has been infringed. Additional information or documents will be required to prove that you are the copyright owner of the Work. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This shall be accompanied by the person’s address, telephone number, and email address. 4. Intellectual Property Rights of Onpicer 4.1 Software Copyright The software and any related images, webpages, text, tables, layouts, electronic documents used in connection with Service contain proprietary content and belong to Onpicer. They are protected by applicable intellectual property laws. Except as expressly authorized by Onpicer, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Service, in part or in whole. You also agree not to monitor, copy, transmit, present or upload any part of Service. You are not allowed to create mirror service to host any part of Service or to use it in similar/competing service with Onpicer. Onpicer grants you a personal, non-transferrable and non-exclusive right and license to use the Service on a single device, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to access the Service by any means other than through the interface that is provided by Onpicer for use in accessing the Service. Onpicer reserves all rights that are not explicitly granted to Users. 4.2 Onpicer Design Templates 4.2.1 Ownership Unless otherwise stated or indicated that they are from third-party sources, Onpicer Design Templates are copyright protected works of Onpicer. 4.2.2 License Granted to Onpicer User 4.2.2.1 Types of License 5. Choice of Law & Dispute Resolution 5.1 Choice of Law These Terms are governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of law principles. 5.2 Dispute Resolution You and the company you represent agree, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) shall be settled by lawsuits. You and the company you represent agree that Disputes between you and Onpicer will be resolved by binding, individual lawsuit and you waive your right to participate in a class action lawsuit. Unless you and Onpicer both otherwise agree, the lawsuit shall be under the jurisdiction of a People's Court in Chengdu City, Sichuan Province, China. Onpicer shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim. Edit A Photo.