Terms and Conditions of FotokuEffective per: February 1, 2016
The following Terms and Conditions constitute an agreement between You (“User”) and Fotoku. These Terms and Conditions govern User’s access to and use of Fotoku, including any mobile applications and websites (“Services”), and information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred as “Content”).
Fotoku can modify the Terms and Conditions at anytime without prior notice. User is expected to see Terms and Conditions regularly to know the latest version of this Terms and Conditions. By accessing or using the Services, User agrees to be bound by these Terms and Conditions. If at any time User chooses not to accept this Terms and Conditions, including any further modification of this Terms and Conditions, please do not use Fotoku.
USE OF FOTOKU
Fotoku provides service for User to capture, review/ edit, and share selfie pictures by posting Content to the server. In the registration process, User is required to sign in using User’s Facebook or Instagram account to access the Services.
User must be 13 years of age or above to register or use Fotoku and its Services.
Fotoku is not responsible for any underage User and their interaction between Users in the Services (“Engagement”) with adults through the Services. The responsibility must lie on the legal guardian of the underage User.
User is responsible for all use of the Services, for any Content that User posted to the Services, and for any consequences thereof. Other User will be able to view the Content therefore User should only provide Content that User is comfortable sharing with others under this Terms and Conditions.
Any Content uploaded by User should NOT contain: spam, nudity, gratuitous violence, discriminatory, sexual harassment, pornography, suicide tendency, or pedophilia tendency. The Content also should NOT be illegal, unlawful, offensive, harmful, inappropriate, hateful, abusive, or violate any right of any party.
The User may NOT post: repeating pictures, pictures of children alone, panorama pictures, selfies that are not of the User, pictures where the User isn't recognizable, pictures that aren't selfies, or pictures with graphics from other apps.
The User is responsible for complying with these rules. Failure to do so may lead to account termination or suspension at the sole discretion of the App.
The App reserves the sole right to limit the amount of Posts or Engagement the User can do if the App believes the user is engaged in fraudulent activity. This includes, but is not limited to: rings of users to gain engagement, paid engagement, fake engagement, fake accounts, or automated systems.
Fotoku can not take responsibility or be liable for any Content uploaded by User in any circumstances. Any use or reliance on any Content posted via the Services or obtained by the User through the Services is at User’s own risk.
User may flag or report any Content that is not in accordance with this Terms and Conditions for further examination by Fotoku (“Flagged Content”). Fotoku also may to take any Content or any Flagged Content down if Fotoku believes it does not in accordance with Terms and Conditions of Fotoku.
Any request for exchange of “Likes”, “Shares” or “Comments” will be considered Fraud and a violation of the Terms and Conditions of Fotoku. Users found to be doing this will be warned and their accounts will be blocked or terminated.
BRANDED DIGITAL ASSETS
Branded Digital Assets are part of the Content in general. Fotoku allows Branded Digital Assets provided by Marketeer through JET8 to be appeared in the Services, including but not limited to frames, background, stickers, themes, comic strips, et cetera. The User is responsible for all use of the Branded Digital Assets that the User posted to the Fotoku, and for any consequences thereof. User hereby grants Marketeer the right to use Content with Branded Digital Assets posted/ uploaded by User for commercial purposes. In using Branded Digital Assets, User hereby agrees to comply with JET8 Terms and Conditions.
RIGHTS OF FOTOKU
All right, title, and interest in and to the Services (excluding Content provided by User) are and will remain the exclusive property of Fotoku and its licensors. The Services are protected by copyright, trademark, and other laws of both the Singapore and foreign countries. Fotoku reserves all rights not expressly granted in these Terms and Conditions. User acknowledges and agree that any feedback, comments, or suggestions they may provide regarding Fotoku or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By submitting, posting or displaying Content on or through the Services, User grant Fotoku a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
User agrees that this license includes the right for Fotoku to provide, promote, and improve the Services and to make Content submitted to or through the Services available to JET8, other companies, organizations or individuals who partner with Fotoku for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Fotoku, JET8, or other companies, organizations or individuals who partner with Fotoku, may be made with no compensation paid to User with respect to the Content that User submit, post, transmit or otherwise make available through the Services.
Fotoku may modify or adapt User’s Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User’s Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if User chooses to share User’s post (or any posts) through User’ connected Twitter account, Fotoku will adapt User’s Content so that it can be attached to a post on Twitter.
User acknowledge that all Services available at Fotoku is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User shall not use any Content of the website that not owned by User for User’s personal commercial interest without prior consent of the owner.
Fotoku, under its sole discretion, may terminate or block User’s access to the Services without prior notice or liability if Fotoku acknowledges the User are violating this Terms and Conditions.
The Services and Content provided to User on an “AS IS” or “AS AVAILABLE” basis without any warranties of any kind. Without limiting the foregoing, FOTOKU ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOTOKU ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) USER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USER OR THIRD PARTIES; (iii) ANY CONTENT POSTED, TRANSMITTED, OBTAINED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES OR BROADCAST ELSEWHERE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER’S TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FOTOKU ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT USER PAID FOTOKU, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FOTOKU ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Fotoku is not responsible for any loss or damages that User got from third party for the use of the Services or other person using User’s account that violates the law, rights of third party, or this Terms and Conditions.
The failure to enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
CHOICE OF LAW
These Terms and Conditions and any action related thereto will be governed by the laws of the Republic of Singapore without regard to or application of its conflict of law provisions or User’ state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Singapore, and User consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If User are a federal, state, or local government entity in the Republic of Singapore using the Services in User’s official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to User. For such government entities, these Terms and any action related thereto will be governed by the laws of the Republic of Singapore (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law.
CONTACT INFORMATIONCreative HotHouse Technologies, Pte. Ltd.
103A (Level 2), Amoy Street, 069923 Singapore