Pomvom Application Terms of Use

IMPORTANT: BY ACCESSING AND/OR USING THE APPLICATION (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT ACCESS OR USE THE APPLICATION.

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1. Acceptance of Terms
   The following agreement consists of the terms and conditions governing your ("you" or "user") access to and use of Picsolve Inc ("Pomvom" or "We") web application services and the Content made available therein (collectively, the "Application") or through our partners applications. These Pomvom Application Terms of Use together with the Pomvom Application Privacy Policy (collectively, the "Terms") constitute a binding agreement between you and Pomvom, and by continuing to use the Application (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Application and cease making any use thereof.
   We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you by means of a prominent notice on the Application. You should check our Application periodically and review changes to the Terms. By continuing to use the Application following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Application.
    

2. License
   Subject to the terms and conditions set forth herein (including without limitation payment of all applicable fees), Pomvom hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and make non-commercial use of the Application only according to the terms of these Terms. The license shall be granted until terminated or expired in accordance with the terms hereof. 
    

3. Limitations on Use and Responsibilities
   Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy, modify, reverse engineer, decompile, disassemble, or create derivative works thereof,  all or any part of the Application and/or Pomvom IPR (as defined below); (iii) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (iv) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Application or its servers; (v) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself; (vi) remove, change or modify any copyright, trademark or other proprietary rights notices contained in or on the Application or attach any additional trademarks to the Application; (vii) breach or circumvent any applicable laws or regulations, agreements with third parties, third parties rights or pursuant to our Terms; (viii) divide, dispatch, modify or connect any other content with any part of the Application; or (ix) use any technology, including without limitation, generative AI features, in order to create fake photos for publication or distribution, for fraud or deception or in order to demean any third party.
   Without derogating  from the aforementioned, your use of the Application including without limitation any images, videos, photography, likeness in connection therewith (the "Content") will not: (i) include any Content that you do not appear in; (ii) facilitate or promote illegal activity, or contain Content that is illegal; (iii) contain Content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (iv) contain sexually suggestive or explicit Content; (v) infringe upon or violate any right of any third party; (vi) disparage, defame, or discredit Pomvom or any third person; or (vi) otherwise violate any laws, rules, regulations or policies of any competent jurisdiction.
   You are solely responsible for (i) obtaining, paying for (if you chose to pay), repairing and maintaining all the equipment, software, connection to the internet, hardware and services required for getting access to and using the Application; (ii) associating yourself only with your Content within the timeframe presented in the Application, and to download any purchased Content within the applicable timeframe; (iii) reporting and deleting any Content that was incorrectly added to your gallery (e.g., Content that doesn't featuring you).
   Pomvom may disallow the use of the Application when used in breach of these Terms (including terms referenced herein) and may not issue such Content containing any of the above. Furthermore, any unauthorized account access may result in cancellation of such account to protect Content owners.
   Please see further restrictions and additional information regarding the Application, the Content and services in the FAQs which are embedded to these Terms.
    

4. Fees
   You shall pay the applicable fees according to Pomvom's then current price list ("Fees"). To the extent permitted by applicable laws, all Fees are non-refundable. Pomvom may, at its discretion, at any time, change the Fees and/or payment method. The Fees are exclusive of taxes, if any, which taxes will be borne by you. You are responsible for reporting and paying taxes in connection with the services, along with any related penalties or interest, as applicable to your purchase or country of purchase. Please note that separate terms and conditions of third-party payment processors may apply to the payment of any applicable Fees. Pomvom shall not be responsible or liable for any transaction between you and the third party payment processors.
    

5. Ownership of Proprietary Rights
   The Application, including without limitation any underlying data, software, content, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, sound, music, organization, structure, "look and feel" and features, deliverables, materials, work product, works of authorship, audio, visual, photographic, production, graphic works of any type, special effects, animations, characters,  records, data, ideas, methods, and other data, information and materials (in whatever form or media) uploaded, generated, created, reduced to practice or acquired by the Application, by Pomvom and/or any Pomvom Entities (as defined below), the Feedback (defined below) and all Intellectual Property Rights evidenced by or embodied in and/or attached/connected/related thereto, including, without limitation, any enhancements, modifications and derivatives thereof, are upon creation thereof, and thereafter shall be are the exclusive property of Pomvom and/or Pomvom Entities who retain all right, title and interest in connection therewith ("Pomvom IPR").
   No transfer or grant of any rights by Pomvom is made or is to be implied by any provision of these Terms or by any other provision contained in the Application with respect to the Pomvom IPR or otherwise, except for the limited license set forth in Section 2 above.
   Without derogating from the generality of the foregoing, Pomvom may use and otherwise exploit the Pomvom IPR in any media and/or platform whatsoever (including, without limitation, social media and presentations) at its sole discretion without any restrictions. If any of the Pomvom IPR is not owned in its entirety by Pomvom automatically upon its creation, you hereby agree to automatically assign to Pomvom the ownership of such Pomvom IPR upon creation thereof. You will take any action required to effect the assignment of Pomvom IPR to Pomvom. You unconditionally and irrevocably waive, release and forever discharge any rights, claims, charges or demands whatsoever, in the past, present or future, whether under contract, law, equity or otherwise, in respect of the Pomvom IPR and/or any use thereof, including, without limitation, in connection with invasion of privacy, defamation, right of publicity, performing rights, moral rights, right to receive compensation or royalties  and all analogous/similar rights throughout the world or any other cause of action in respect of the Pomvom IPR or its use.
   “Feedback” means comments, questions, suggestions, ideas, bug notes and user experience reviews regarding the Application.
   "Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired. 
    

6. Privacy
   Pomvom's privacy practices are governed by Pomvom’s Privacy Policy.
    

7. Disclaimer
   YOU AGREE THAT YOUR USE OF THE APPLICATION AND/OR THE POMVOM IPR SHALL BE AT YOUR OWN RISK. THE APPLICATION AND THE CONTENT MADE AVILIABLE THEREIN, INCLUDING WITHOUT LIMITATION POMVOM IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, POMVOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND COMPLIANCE WITH REGULATORY REQUIREMENTS.
   POMVOM DOES NOT WARRANT THAT THE POMVOM IPR AND/OR APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APPLICATION OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND DISCLAIMS ANY WARRANTIES IN CONNECTION WITH INTERNET CONNECTIVITY.
   POMVOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE POMVOM IPR OR APPLICATION INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, THE CONTENT QUALITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE INFORMATION PROVIDED THROUGH THE APPLICATION MAY BE PARTIAL, OUT-DATED, INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE APPLICATION, THE CONTENT AND/OR ANY OF THE POMVOM IPR. YOU ACKNOWLEDGES AND AGREES THAT POMVOM IS NOT A DATA RETENTION SERVICE. YOU ARE RECOMMENDED TO DOWNLOAD YOUR PURCHASED CONTENT IMMEDIATELY FOLLOWING YOUR PURCHASE AND NO LATER THAN THE DEADLINE PRESENTED IN THE APPLICATION. POMVOM SHALL HAVE NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS OFF OR DAMAGE TO ANY CONTENT AT ANY TIME.
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    

8. Warranties
   You represent and warrant to Pomvom that: (a) you will use only QR code and Content numbers designated to you; (b) you have under all applicable laws the right to use the Application including Content selected by you; (c) there are no restrictions or limitations whether under law, contract or equity or other that would restrict or limit you from using the Application and the Content under the Terms hereof; (d) all information you provide to Pomvom or any of its representatives is accurate, not misleading and complete, including without limitation, any numbers associated to Content that you select;  (e) you and your use of the services and the Application comply, and at all times, will comply with all applicable laws, rules, regulations, statutes, standards, including without limitation any and all social media related terms and conditions or other; (f) you shall ensure that all required consents, permits and approvals are obtained in connection with the Application including without limitation all consents required for any use thereof (e.g., approvals to the extent required from additional persons that are included in any Content; (g)the Content is free of any digital rights management;; or (h) no Copyrights Collecting Agency or Performance Rights Organization (e. g. ASCAP, SESAC etc.) shall have any right, title or interest in or to the Pomvom IPR, including without limitation the right to receive any payments or royalties; and (i) you are older than 16 years. Pomvom may disallow the use of the Application when used in breach of these Terms (including terms referenced herein).
    

9. Liability and Indemnification
   TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL POMVOM AND ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS ("POMVOM ENTITIES") BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE APPLICATION OR POMVOM IPR, OR RELIANCE THEREON OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY POMVOM ENTITIES.
   IN NO EVENT SHALL POMVOM ENTITIES AGGREGATE LIABILITY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE BASIS OF THE FORM OF THE ACTION, EXCEED THE TOTAL PRICE ACTUALLY RECEIVED BY POMVOM FROM YOU FOR THE SERVICES. 
   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
   You agree to defend, indemnify and hold Pomvom Entities harmless against any losses, expenses, costs, claims, damages (including reasonable attorneys' fees) arising from or in connection with (i) your use of the Application; and (ii) any breach of these Terms.
    

10. Third Party Services
    The Application might contain content provided by third parties and links to outside services, content and resources, Pomvom does not screen, monitor, endorse, or control such services, content and resources. Any concerns regarding any such linked services, content and resources should be directed to such particular service, content or resource provider. Such services, content and resources are provided only as an informational resource, simply as a service and only for your convenience. Pomvom is not responsible or liable for such services, content and resources. Without derogating from the foregoing, should you leave the Application via a link contained therein and/or view content that is not provided by Pomvom, you do so at your own risk and Pomvom shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked services, content and resources, you should carefully read and abide by the terms of use and privacy policies of such services, content and resources.
    You acknowledge that we utilize third-party services, such as hosting and data storage (e.g., Google cloud web services and Amazon web services), to deliver our services. By using our services, you agree that we are not liable for any actions or omissions of these third parties, and that you are subject to their respective terms and conditions (e.g., Google Terms and Conditions and Amazon Terms and Conditions.)
     

11. Termination
    We may terminate these Terms and/or suspend your right to access or use any portion or all of the Application and/or Pomvom IPR immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall immediately cease using the Application and the following sections shall survive: 1,3- 5, 7-10, 12.
     

12. General
    (i) These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of New York. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Pomvom could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Pomvom may otherwise be inadequate and Pomvom shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Pomvom shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv)  You acknowledge and agree that Pomvom has the right, at any time and for any reason, to redesign or modify the Pomvom IPR and other elements of the Application or any part thereof; (v) these Terms are the entire agreement between you and Pomvom regarding the subject matter herein; (vi)  Pomvom may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Pomvom. Any unauthorized assignment will be void and of no force or effect; (vii)  no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Pomvom any rights, remedies or other benefits under or by reason of these Terms; (viii) Pomvom's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Pomvom as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; and (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN RESPECT THEREOF.
    
    If you have any further questions or require further clarification, please contact us by sending an e-mail to: privacy@pomvom.com