By using or downloading the CherryPix Website or CherryPix App, these terms will automatically apply to you. You should make sure therefore that you read them carefully before using the Website or App. You are not allowed to copy, or modify the Website or App, any part of the Website or App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the Website or App, and you also should not try to translate the Website or App into other languages, or make derivative versions. The Website or App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to CherryPix FZ LLC.
CherryPix FZ LLC is committed to ensuring that the Website and App are as useful and efficient for you to use as possible. For that reason, you understand that we will need to occasionally make changes to the Website and App or to charge for its services, at any time and for any reason. We will never charge you for the Website or App or its services without making it very clear to you exactly what you are paying for.
The CherryPix Website and App will store and process personal data that you have provided to us, in order to provide our Service. You accept that it is your responsibility to keep your computer or smart device and access to the Website and App secure. It is also your responsibility to keep your login and password details secure and you agree not to share these with anyone. We also recommend that you do not jailbreak or root your computer or phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your device vulnerable to malware/viruses/malicious programs, compromise its security features and it could mean that the CherryPix Website or App will not work properly or at all.
You should be aware that there are certain things that CherryPix FZ LLC will not take responsibility for. Certain functions of the Website or App will require an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but CherryPix FZ LLC cannot take responsibility for the Website or App not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.
If you are using the Website or App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Website or App, or other third party charges. In using the Website or App, you are accepting responsibility for any such charges, including roaming data charges if you use the Website or App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Website or App, please be aware that we assume that you have received permission from the bill payer for using the Website or App.
Along the same lines, CherryPix FZ LLC cannot always take responsibility for the way you use the Website or App i.e. You need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the Service, CherryPix FZ LLC cannot accept responsibility.
With respect to CherryPix FZ LLC’s responsibility for your use of the Website or App, when you are using the Website or App, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. CherryPix FZ LLC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the Website or App.
At some point, we may wish to update the Website or App. The App is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you agree to download the updates if you want to keep using the App. CherryPix FZ LLC does not promise that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
User Conduct and Your Content
The Site, Services and products (“Products”) that we offer are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Site, Services or Products except as may be permitted by these Terms, and you may not access or use the Site or the Services for any commercial purpose whatsoever. Any use of the Site or the Services other than as specifically authorised in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by CherryPix.
In accessing and using the Site and the Services, you may submit to us your own images, photographs, text or other content (collectively “Your Content”). By submitting Your Content to us, you give us permission to store Your Content on our servers and use your content for the limited purpose of providing the Site and Services. We will not use Your Content to market, promote or advertise the Site or Services without your express written permission. You represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services./p>
You are solely responsible for Your Content that you stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “transmit”) via the Site or the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content from the Site or Service, suspending or terminating the account of such violators and reporting the violators to appropriate law enforcement authorities. As a condition for accessing and using the Site or Service, you agree not to use the Site or Services to:
1. Transmit any Content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors and otherwise), hateful or abusive, or is otherwise similarly objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation; (d) characterizes any unlawful activity as acceptable, glamorous or desirable; or (e) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; or (f) contains images or the likeness of minors without the consent of a parent or legal guardian;
2. Harass any other user of the Services or to impersonate another person by any means including by using her/his email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
3. Violate any applicable local, state, national or international law, regulation or rule;
4. Transmit or make available any content that you do not have the lawful right to transmit, that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
5.Engage in any conduct that would interrupt, destroy, limit or harm the Site and/or the Services or enable you to gain unauthorised access to the Site or the Service, including without limitation by using viruses, Trojan horses, worms, malicious computer code, programs or files;
6.Reproduce, copy, sell, or commercially use (including the right to access) the Site or the Service;
7. Solicit personal information from anyone under the age of 18;
8. Harvest or collect email addresses or other contact information of other users from the Site or Services by electronic or other means; or
9.Further or promote any criminal activity or provide instructional information about illegal activities.
In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or to block you from accessing the Site and Services and to disclose any information necessary to comply with any law, regulation, rule or governmental request. Activity or content which appears, in our sole judgment, to violate the law will be brought to the attention of the proper authorities.
You acknowledge that we have the right, but not the obligation, in our sole discretion, to review, refuse to host and/or remove, any Content that is Posted to or available via the Service. Specifically, and without limiting the foregoing, you acknowledge that we may, but have no obligation to, remove Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or which violates any party's intellectual property rights, our site Terms and Conditions or applicable law. Activity or content which appears, in our sole judgment, to violate the law in any way will be brought to the attention of the proper authorities.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.