TERMS AND CONDITIONS
updated 25 May 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CODITIONS, DO NOT USE THE SERVICES.
This document contains information explaining your rights to access and use Banuba App (as defined below) and constitutes a binding agreement between you and Banuba.
Definitions AND INTERPRETATIONS
- “Banuba” means Banuba Limited, a company incorporated in Hong Kong (registration number 2360577), whose registered office is at Office A, 16/F Heng Shan Centre 145 Queen’s Road East, Wan Chai, Hong Kong.
- “Banuba mobile App(s)” means Banuba App, Snap Easy App and other Apps developed by Banuba Limited.
- “Banuba App” – means Banuba mobile app which enables people to create photos and videos using filters and video effects.
- “Snap Easy App” – means Banuba mobile app which enables people to take photos and videos using smart beautification in real time and share them from the app.
- "Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, tablets, personal digital assistants, PDA telephones employed for the use of and access to Banuba mobile App.
- “Intellectual Property Rights“ mean all copyright and rights in the nature of copyright, design rights, patents, trade marks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names, future intellectual property rights and any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in any part of the world.
- "Services" mean services of Banuba mobile Apps.
- “T&C” mean these Terms and Conditions as varied and amended by Us from time to time at its sole discretion.
- "You" and “Your” relates to you, the user of Banuba mobile Apps.
- "We", “Our” and “Us” relates to Banuba and the companies within the same corporate group.
APPLICATION OF THESE T&C
By using the Services, Уou agree to be bound by these T&C, which shall take effect immediately upon Уour first use of the Services. If Уou do not agree to be bound by these T&C then please do not access or use the Services.
You further acknowledge that Your failure to comply with these T&C may result in disqualification and/or legal action against You as deemed appropriate and as more particularly detailed below.
You can install the App and use its basic functionalities for free, however for usage of certain filters and functionalities We will charge You a certain fee (please see Section 18 of these T&C). Please be aware that when You use Our Services You are responsible for Your carrier’s rates and fees, such as text messaging and data charges, which apply. We do not guarantee that Banuba mobile App can be used on any particular device or with any particular service plan.
If there is any conflict between these T&C and any other localised terms and conditions governing the use of and access to the Services to which You have consented, the localised terms and conditions shall prevail.
The English language version of these T&C shall be the prevailing version in the event of any discrepancy between any translated versions of these T&C.
Modification and Amendment
You fully understand and agree to be bound by these T&C as amended by Us from time to time. We reserve the right to amend these T&C or any part thereof at any time. If we make such amendment We will place a notice of such change in Banuba mobile Apps. It is Your responsibility to check these T&C from time to time to ensure that You agree with them and Your continued use of the Services will be deemed to be Your acceptance of any amendments to these T&C. If You do not accept these T&C following an amendment, do not start or continue to use the Services.
You agree to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Services.
In case the Services are used in the manner or for purposes, which can be considered illegal, or violating third parties’ rights in any of the respective jurisdictions, or with other violations, as stipulated in Section 5 of these T&C, the User will be solely responsible for any and all legal consequences of such usage.
Grant of LicenCe/Intellectual Property
Subject to these T&C, We grant You a personal, non-transferable and non-exclusive right to use Banuba mobile App for Your personal, non-commercial use and not for resale or further distribution. Your right to use Banuba mobile App is limited by the terms set forth in these T&C.
You acknowledge that all Intellectual Property Rights in Banuba mobile Apps are owned by or licensed to Banuba. This material is made accessible to You as part of the Services and remains property of Banuba (and/or Our licensor). You do not gain any rights to such material. The Services are protected by applicable Intellectual Property laws.
Under no circumstances may You use the Intellectual Property Rights without Our prior written consent.
Except as otherwise explicitly provided in these T&C or as may be expressly permitted by applicable law You are not permitted to, and You agree not to permit or authorize others to:
- copy, modify, reverse engineer, create derivative works from or distribute Banuba mobile App or any part thereof, or any copy, adaptation, transcription, or merged portion of it;
- decode, disassemble, decompile or otherwise translate or convert Banuba mobile App;
- transfer, loan, lease, assign, rent, or otherwise sublicense Banuba mobile App;
Use Banuba mobile App for any purpose other than Your personal use. If You want to use Banuba mobile App for some commercial purposes, please contact Us via email firstname.lastname@example.org. Except as otherwise expressly provided in these T&C, permitted by applicable law, authorized by Us in writing or authorized by the applicable owner of Intellectual Property Rights to any content including, but not limited to, the software, images, pictures, graphics, photographs, animations, audio, visual, audiovisual works and text or other content made available on the Services (“Content”), You are not permitted, and You agree not to permit or authorise others to:
- copy, modify, distribute, or resell any of the Content or compile or collect any Content as part of a database or other work;
- decode, disassemble, decompile, reverse engineer, create derivative works from or translate or convert the Content;
- rent, lease, or sublicense Your access to the Services to another person;
- use the Content for any purpose except for Your own personal use;
- remove, alter, or obscure any copyright, trademark and any other proprietary notices from the Content.
Copyright and trademark Policy
Banuba owns and retains all copyrights, trademarks, domains, trade secrets, patents, and other intellectual property rights in and to Our Services, any information, images, photos, videos, video effects, communications, or other content.
By accepting these T&C You are allowed to post/upload any Content with using of the Services. By using the Services, You represent and warrant that You are the author and copyright owner and/or proper licensee with respect to any hosted Content uploaded and linked by You and You further represent and warrant that no such content violates the copyright trademarks or other Intellectual Property Rights or of any third party. Hereby You agree to indemnify Us for all claims resulting from the Content You supply.
You may not post, upload, reproduce, modify, distribute, or in any way any copyright material, trademarks, or other intellectual property belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If You use another party's material, You must obtain prior authorization. We prohibit use of the Services of any end user who infringes the copyright or trademarks of others.
You hereby grant to Banuba and Our affiliates a worldwide, irrevocable, perpetual, royalty-free, for good consideration, sub-licensable, transferable license to use, reproduce, modify, make derivative works of, distribute, publicly display or perform with regard to the content, created by You in the result of using the Services, which includes information, images, Your likeness, photos, videos, video effects, communications, or other content. This license is for the limited purpose of operating, developing, providing, promoting, protecting and improving Banuba mobile App, as well as researching and developing new ones.
Any Content posted/uploaded on, transmitted through, or linked from Banuba mobile App is Your individual responsibility. You are entirely responsible for each individual item of Content that You post, email, link from or otherwise make available via Banuba mobile App. We are not responsible for any copyright or trademark infringements.
If You believe that Your work has been copied and posted in Banuba mobile App by another user in a way that constitutes copyright infringement, please notify Us via email email@example.com accompanying corresponding content. We will take such action (if any) that We in Our absolute discretion deem appropriate.
In the event We receive a notification from another user or any third party that Your Content contains any materials infringing Intellectual Property Rights of any party We reserve the right to delete such Content from Banuba mobile App without any notification to You and/or take such action that We in Our absolute discretion deem appropriate in order to cease corresponding infringement.
By accepting these T&C You also acknowledge and agree that in case specified in Section 4.7 above Banuba is entitled to notify of the infringement the owner of corresponding Intellectual Property Rights infringed. We also may disclose Your personal information to the owner of Intellectual Property Rights for the purposes of legal protection of corresponding rights.
We also reserve the right to decide at its sole discretion, whether Your material posted/uploaded, linked from or otherwise provided in Banuba mobile App is appropriate and complies with these T&C or not in respect of Intellectual Property Rights protection. We have the right but not the obligation to monitor all activity and edit or remove any Content that in Our opinion violates Intellectual Property Rights of any party without prior notice to You.
Legal use requirements
It is Your sole responsibilities to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or inappropriate in any way.
As a condition of Your use of the Services, You warrant and undertake that You shall not use or access the Services for any unlawful purpose under any law that is applicable to You or that is prohibited by or in breach of these T&C. In particular (and in addition to all other representations and warranties set out in these T&C) You warrant as a condition of use of the Services that:
- You are using the Services solely for Your own personal use and are acting in Your own legal capacity and not on behalf of another person or company;
- Your use of the Services is at Your sole discretion and risk;
- You will not conduct criminal or other unlawful activities through Banuba mobile App and You shall not allow other persons to use Banuba mobile App installed on Your Device for any unlawful activities under any law applicable to You or Us;
- You will not solicit or in any way seek to obtain any information, including personally identifiable information, relating to other users;
- You will not intercept or monitor, damage or modify any communication which is not intended for You;
- You will not upload or distribute any software program, file or data that contains viruses, spiders, robots, worms, trojan-horse or any code or instructions which are corrupted or may negatively affect the operational performance of Banuba mobile App;
- You will not impact or attempt to impact the availability of the Services, with a denial of service (DOS) or distributed denial of service (DDoS) attack or use Banuba mobile App in a way that could damage, disable, overburden, or impair its functioning;
- You will not attempt to modify, decompile, reverse-engineer or disassemble Banuba mobile App in any way;
- You will not post, submit or transmit, including with using masks or video effects, through Banuba mobile App any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, material containing nudity or sexual content, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law to Us, to any other users of Services or to any other third parties;
- You will not initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email against (or relating to) Us or other users;
- You will not use any Content that is subject to any third party proprietary rights, unless You have a license or permission from the owner of such rights;
- You will not encourage or promote any activity that violates these T&C.
If You see Content on the Services that violates the restrictions set out in Clause 5.2 above, please contact Us.
We reserve the right to decide in Our sole discretion, whether any materials posted/uploaded by You or any other user of the Services are appropriate and comply with these T&C for violations other than copyright infringement and violations of intellectual property law. We may remove such posts/uploads in violation of these T&C at any time, without prior notice and at Our sole discretion. But because We do not review all the Content expressed or made available via the Services, We cannot guarantee that it will always conform to these T&C. As a result, We cannot and do not take responsibility for any content that others provide through the Services.
The Services allow You create Content and share this information via social networks and other means. Any images, videos, opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by You or third parties via the Services are those of the respective authors or producers and not of Us, or Our shareholders, directors, officers, or employees of Banuba.
We will not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If You send any Unsolicited Feedback to Us through Banuba mobile App or otherwise, You acknowledge and agree that We shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
You retain Your ownership rights in Your Submissions. Whether or not such Submissions are published We do not guarantee any confidentiality. You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them.
You represent, and warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to Your Submissions in the manner contemplated by the Services; and (ii) You have the written consent, release, and/or permission of each identifiable individual person referenced in Your Submission to use their name and likeness in Your Submission. Please note, by submitting Submissions to Us, You hereby grant Us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Submissions in connection with the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access Your Submissions through the Services.
We do not control the Content posted/uploaded or linked from Banuba mobile App by third parties and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall Banuba, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by Your reliance on information obtained through while using Services. It is Your responsibility to evaluate the information, opinion, advice, or other content available.
In order to use the Services, You are not required to register or open an Account.
The Service is not intended for children under the age of 13. If You are under the age of consent in Your jurisdiction to form a binding agreement (and You are more than 13 years of age), You affirm that You are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these T&C.
Responsibility for use our Services
You are responsible and liable for all activities that take place through Your Devices, on which Banuba mobile App is installed.
We will not be liable for any loss that You may incur as a result of someone else using Your Devices, on which Banuba mobile App is installed, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Us or another party due to someone else using Your mobile Devices.
We may automatically check Your version of Banuba mobile App. We are of no obligation to make available any updates. However, We may require You to download and install updates or automatically download and install updates to Your Device(s).
No assignment or Transfer
You shall not assign, transfer, charge, create a trust over or otherwise deal in Your rights and/or obligations under these T&C (or purport to do so).
Disclaimers and Limitation of Liability
Under no circumstances, including negligence, shall We be liable for any damages or losses, without limitation, that are deemed or alleged to have resulted from or caused by the Services, including without limitation delays or interruptions in operation or transmission, communications, lines failure, any person's use or misuse of the site or its content, any errors or omissions in content, or viruses or bugs in the Services. The Services which are provided to You "as is" and We provide You with no warranty or representation whatsoever, expressed or implied, regarding their quality, fitness for purpose, completeness or accuracy.
For the avoidance of doubt, We further disclaim any and all warranties, representations and responsibilities in respect of any aspect of the Services which may be provided by third parties, including but not limited to telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
Under no circumstances, including negligence, shall We, Our related corporations, shareholders, affiliates, partners, officers, employees and agents be responsible or liable for any damages, losses or expenses, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with Your access, loading, installation or use of Banuba mobile App regardless of whether We have been advised of such a possibility or not. In no event shall Our total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these T&C represent a fair and reasonable allocation of the risks and benefits of these T&C, taking all relevant factors into consideration. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.
We reserve the right to suspend, discontinue, modify, remove or add to the Services, temporarily or permanently, in its absolute discretion with immediate effect and without an obligation to provide You with notice and We shall not be liable in any way whatsoever for any loss suffered as a consequence or any decision made by Us in this regard.
All names, images in Banuba mobile App interface are indicated for entertainment purposes, any coincidence with real people names, likenesses and images is accidental.
Links to websites
Banuba mobile App may, from time to time, contain links to websites, which are outside of Our control and are not covered by these T&C. If You access the websites using the links provided, You will have to comply with relevant terms and condition of such websites. We do not accept any responsibility or liability for using the services provided on the websites, which You may access through links contained in Banuba mobile App.
You will not use or export Banuba mobile App in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Breach of T&C and Indemnity
Without prejudice to any other rights contained in these T&C, if You breach in whole or in part any provision contained in these T&C We reserve the right to take such action as We see fit, including terminating these T&C, immediately blocking Your access to the Services, and/or taking legal action against You.
You agree to fully indemnify, defend and hold harmless Us and Our shareholders, directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:
- Your breach of theses T&C, in whole or in part;
- violation by You of any law or any third party rights, including Intellectual Property Rights;
- use by You of the Services or use by any other person accessing the Services, using Your login details, whether or not with Your authorisation.
These T&C and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. Each party irrevocably agrees that the relevant courts of Hong Kong shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning these T&C and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Your use of the Services may also be subject to other local, state, national, or international laws.
We and You each agree that if You are a user of Services located in the United States or Canada, each of We and You may bring disputes against the other only on its or Your own behalf, and not on behalf of any other person or entity, or any class of people. We and You each agree not to participate in a class action, a class-wide arbitration, disputes brought in a private attorney general or representative capacity, or consolidated disputes involving any other person or entity in connection with any dispute.
Term and Termination
These T&C come into force from the moment of Your acceptance by first use of the Services.
You may terminate these T&C at any time by sending Us a written notice of the termination. You may simply delete Banuba mobile App.
After termination of these T&C for any reason whatsoever any rights, obligations and/or liabilities accrued before the date of termination shall continue in force until their full completion.
You acknowledge and agree that We are authorized to block Your access to the Services for any violation of these T&C.
Further, We may terminate these T&C with immediate effect at any time by written notice to You, unless circumstances dictate that We legally or practically cannot do so.
Upon termination, You shall cease all use of the Services, and destroy all copies, full or partial, of Banuba mobile App.
If a provision of these T&C is or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
The headings in these T&C are for reference only and do not affect the construction or interpretation of any provision.
If We fail or delay the performance of any obligation under these T&C due to the reasons of the occurrence of events which are beyond Our control, including, but not limited to acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of these T&C.
Neither failure nor delay on the part of Banuba to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
We reserve the right to assign these T&C, in whole or in part, at any time without notice.
Nothing in these T&C shall create or confer any rights or other benefits in favour of any third parties not party to these T&C.
Nothing in these T&C shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and Us.
These T&C constitutes the entire understanding and agreement between Us and You regarding the Services and supersedes any prior agreement, understanding or arrangement between Us and You.
Banuba offers to You the possibility to purchase a premium access subscription, which shall provide You with extended possibilities within certain Banuba mobile App subject to subscription, i.e. the possibility to use additional filters and effects (“Subscription”).
Subscription period amounts to one month. Subscription is billed for $4,99 per Subscription period (“Subscription Fee”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription.
Trial Subscription is offered free of charge for the period of seven days from activation. If You do not cancel the Subscription within the seven-days period, Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period.
Subscription is renewable automatically, unless You cancel it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel You current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are non-refundable.
Banuba, in its sole discretion and at any time, may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription Fee. If You do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current Subscription period.
You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from whose platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact App Store or Google Play directly.
Please email Us at firstname.lastname@example.org with any questions You have about these T&C.