Please read this Terms of Service before using the Mobile application. Use of the Mobile application under other conditions is not allowed.
These Terms of Service ("Terms") are a legally binding contract for your installation, access and use of the Mobile application between you as a natural or legal person ("you" or "User") and Klimin Marketing SpA, a legal entity with offices located at 13 Nte. 853, Viña del Mar, Valparaíso, Chile ("Provider"). The User and the Provider, each a "party" and together the "Parties".
By accessing or using the Mobile application, or any other aspect of the Free Services or Services (as such terms defined below), you acknowledge that:
- you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms;
- you have read, understood, and agree to be bound by these Terms (including Schedule A and B). If you do not agree these Terms do not install the Mobile application, access or use the Free Services or Services.
1. AGREED TERMS
1.1 Words and phrases used in these Terms have the following meanings unless otherwise is not expressly specified hereinafter:
a) Effective Date means the date of this legally binding contract;
b) User Content means photos, videos or music tracks that the Provider may allow the User to upload, edit, create, download with the Mobile application.
c) Mobile application means the Provider's software "Loomix" intended for installation and use on the Device.
d) Device means any mobile phone, smartphone, tablet, or other device which allows using the Mobile applications according to its functional purpose.
e) Trial period means the period during which the User has an access to the Services on a free basis.
f) Services has the meaning given in Clause 2.2.
g) Media means photo, video or audiovisual works created by the User in Mobile application
h) Subscription means the full cost of the Service and license by acceptance of which the User accepts and agrees that according to the User's opted Tariff the Subscription will be automatically renewed upon its expiration and respective license fee will be automatically paid (debited) for unspecified period until the User withdraw such consent (cancel Subscription);
i) Subscription Term means being the Effective Date together with any subsequent renewal periods;
j) Subscription Fees means the fees payable by the User to the Provider for the Subscription within the selected Tariff available at Apple App Store website in "In-App Purchases"
k) Free Term means the period during which the User have access to the Free Services;
l) Free Services means the Services or features that the Provider makes available to the User on a free basis with a limited range of capabilities within the Free Term;
m) Tariffs mean the range of capabilities of the Mobile application with different systems of rates for the Subscription depending on the scope of the Services.
1.2 These Terms could use other terms and definitions not stipulated in clause 1.1. hereof. In this case such terms should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term or definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
2.1 Subject to the terms and conditions of these Terms, the Provider hereby grants to the User a personal non-exclusive, nonassignable, and non-sublicensable license and right to access and use the Mobile application and the Services (and in the case of a Mobile application, to also install the Mobile application on your Device), permits the User to use the Mobile application and the Services during the Subscription Term solely for the User's personal use.
2.2 Subject to and conditioned on User's compliance with these Terms, during the Subscription Term, the Provider provides to the User the Mobile App for the following:
- to create static (photo) or dynamic (video) based on the User's Content or licensed content of the third parties;
- to edit User's Content uploaded on the Mobile application;
- to transform User's photos into works of art with artificial intelligence algorithms;
- to make in-app purchases (including, but not limited to such as the reels guideline, the features based on Stable Diffusion license) (hereinafter "Services"
2.4 The Provider has the right to set technical restrictions of use of the Mobile application; the Provider will inform the User about above mentioned limitations from time to time in the manner at the Provider's discretion.
2.5 The functionality of the Mobile application is a subject to the Provider's sole discretion and may be changed from time to time.
2.6 The User has the right to use the Mobile application and Free Services or Services due to the terms and conditions hereof in the following ways:
2.6.1 the Mobile application reproduction (record) on the Device;
2.6.2 the Mobile application launch and using due to its functional purpose.
2.7 Any rights and ways of use of the Mobile application that are not expressly granted to the User by these Terms shall be deemed non-granted/prohibited by the Provider.
2.8 The Provider may, directly or indirectly, suspend, terminate, or otherwise deny User's access to or use of all or any part of the Free Services and Services, without incurring any resulting obligation or liability, if:
2.8.1 The Provider receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires the Provider to do so; or
2.8.2 The Provider believes, in its sole discretion, that:
a) The User has failed to comply with these Terms (including Schedule A and B), or accessed or used the Free Services or Services beyond the scope of the rights granted or for a purpose not authorized under these Terms;
b) The User sold their credentials or/and their access to the Service to any third party;
c) The User received an access to the Services fraudulently (for example, without paying Subscription Fees);
d) The User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities;
This Clause 2.8 does not limit any of Provider's other rights or remedies, whether at law, in equity, or under these Terms.
2.9 If you are downloading the Mobile application from a third-party app store or marketplace, such as Apple's App Store, Google's Google Play, etc., please be aware that the particular platform or marketplace may have additional rules that also govern your downloading, installation and use of the Mobile application. The User is solely responsible for observing the rights of third parties and such marketplace rules.
3.1. Under these Terms, the Provider hereby authorizes the User to access and use the Mobile application in accordance with the conditions and limitations set forth in these Terms.
3.2. The User shall be registered on the Mobile application to access or use some Services. The User shall register by using a valid account on the app store or marketplace from which they downloaded the Mobile application (only in the Apple App Store, Google Play, or [ak][al]App Gallery) (each such account, a "Third-Party Account"). By using a Third-Party Account for registration, the User allows the Provider to access their Third-Party Account as permitted under the applicable terms and conditions that govern their and our use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDER ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT ARE GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD-PARTY SERVICE PROVIDER.[am][an]
3.4. The User shall be solely responsible for maintaining the confidentiality and security of their login and password and for all use of and activities that occur under personal account. The User shall use all reasonable endeavours to prevent any unauthorised access to personal account and, in the event of any such unauthorised access or use, promptly notify the Provider.
3.5. The Provider is not liable for third party access to the User's personal account as a result of the User losing their credentials.
4.1. User Content. The User retains all rights in and to their User Content except for the User License the User grants us below.
4.2. The User grants to the Provider a worldwide, assignable, non-exclusive, royalty-free, fully-paid, sublicensable (through multiple tiers of sublicensees), irrevocable and perpetual license to store, access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, create derivative works of, and otherwise use User Content (including Videos), without any additional compensation to the User and always subject to the User additional explicit consent for such use where required by applicable law (the "User License"). The User License is for the limited purpose of operating, developing, providing and improving the Free Services and Services and researching, developing and improving the Provider's existing and new products, unless you have provided us your additional explicit consent for the different purpose where required by applicable law.
4.3. The User grants the Provider consent to use the User Content, regardless of whether it includes an individual's name, likeness or persona, sufficient to indicate the individual's identity. The User further acknowledges and agrees that the Provider's use of User Content will not result in any damage to the User or to any person the User authorized to act on their behalf.
4.4. The User acknowledges and accepts that the Provider may collect and store Videos for a short time. Such works are not personal data.
4.5. The User shall on its own estimate legal consequences and conditions of use in User Content (including Videos) of any materials that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts).
4.6. The User is solely responsible for User Content that have been uploaded to the Mobile application. The User represents and warrants that: (i) the User owns the User Content stylized or created by the User on or through the Mobile application or otherwise has the right to grant the rights and licenses set forth in these Terms; (ii) the User agrees to pay for all royalties, fees, and any other monies owed by reason of the User Content the User stylize or create on or through the Mobile application; and (iii) the User has the legal right and capacity to enter into these Terms in personal jurisdiction.
4.7. The User may not upload, edit, create, store or share any User Content that violates these Terms or to which The User does not have all the rights necessary to grant the Provider the User License described above.
4.8. The Provider will not be liable to the User for any modification, suspension or discontinuation of the Mobile application, or the loss of any User Content.
4.9. Provider Content. The images, photographs, videos, illustrations, graphics (including stickers, fonts), musical tracks and other content contained therein (collectively, "Provider Content") (and intellectual property rights in or to the preceding items) are owned by the Provider or licensed to the Provider and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, the Provider and the Provider's licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to the Provider Content. The User's use of the Provider Content shall be always subject to these Terms and, if applicable, additional terms and conditions that the Provider may direct to the User from time to time.
4.10. The User is hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Provider Content ("Provider License").
4.11. Any use of the Provider Content other than as specifically authorized herein, without the Provider's prior written permission, is strictly prohibited and will terminate the User License granted under these Terms.
4.12. The User cannot synchronize the User Content and create derivative works (including the Provider Content) between their Devices.
4.13. Third parties. Through the Mobile application the User may have access to external resources provided by third parties. The User acknowledges and accepts that the Provider has no control over such resources and is therefore not responsible for their content and availability.
4.14. The content from Stable Diffusion is licensed under the Stable Diffusion License and it has material content restrictions on the use and distributions. Please check such license before using Stable Diffusion, which applies to (including but not limited to) the following features: Image generation, Logo generation, Inpainting, Remove objects from photo/video, Background generations, Magic Avatars
4.15. The User acknowledges that the Provider is not the author, owner or licensor of any third-party content, and that the Provider makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party content.
THE PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE MOBILE APPLICATION AND SERVICES OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER, AND THE PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
4.16. DMCA Copyright Policy. In respect of the rights of copyright owners, our Free Services and Services and the User's use of the Free Services and Services are subject to the DMCA Copyright Policy, attached hereto as SCHEDULE A.
4.17. Copyright Repeat Infringer Policy. In respect of the rights of copyright owners, our Free Services and Services and your use of the Free Services and Services are subject to the Copyright Repeat Infringer Policy, attached hereto as SCHEDULE B. Under this policy the Provider, in appropriate circumstances, may terminate the account of User who are repeat infringer or are repeatedly charged with infringement.
5. USER RESTRICTIONS
5.1. The Mobile application, the Free Service and Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
5.2. The User shall not, and shall not permit any other person to, access or use the Mobile application with the User's account except as expressly permitted by these Terms.
5.3. For purposes of clarity and without limiting the generality of the foregoing, the User shall not, except as these Terms expressly permit:
5.3.1. In any manner copy (reproduce) Mobile application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of the Provider;
5.3.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications;
5.3.3. Create software and/or services using the Mobile application without prior permission of the Provider; 5.3.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application;
5.3.5. Use in User Content the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts) without permission of such third party.
5.3.6. Use of the Mobile application for creation and/or distribution of User Content (including Videos) that: a. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
b. violate personal non-property rights or intellectual property rights,
c. otherwise violate provisions of applicable law as well as common moral and ethical standards;
5.3.7. License, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party.
6. PROVIDER'S AND USER'S OBLIGATIONS
6.1. The Provider undertakes that the Free Services or Services will be performed substantially in accordance with the Terms with reasonable skill and care.
6.2. The User shall:
6.2.1. pay the Subscription Fee to the Provider in a timely manner in accordance with selected Tariff; 6
.2.2. ensure the availability of funds required for the automatic renewal of the Subscription;
6.2.3. еnsure the security of access to the login and password of the account and not transfer the login and password of the personal account to third parties;
6.2.4. provide the Provider with all necessary co-operation in relation to these Terms;
6.2.5. without affecting its other obligations under these Terms, comply with all applicable laws and regulations with respect to its activities under these Terms.
7. TERM AND TERMINATION
7.1. These Terms shall, unless otherwise terminated as provided in this Clause 7, commence on the Effective Date and will continue in perpetuity unless it is terminated as set forth herein.
7.2. Trial Period. The Provider may make the applicable Subscription Service available to the User within the Trial Period free of charge until the earlier of (a) the end of the Trial Period (if not terminated earlier) or (b) the start date of paid Subscription. Duration of Trial period is set forth in Tariffs.
7.3. Termination by the User. The User may cancel the Subscription at any time. The Terms will continue to apply until terminated by either the User or the Provider as set forth below. The User may terminate the Terms at any time only by permanently removing the Mobile application from Device.
7.4. Termination by the Provider. The Provider may at any time immediately terminate or suspend User right to use and access the Free Services or Services and the Mobile application, without refunds for any fees, if in Provider's sole discretion:
(i) The User breaches any provision of these Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(ii) The User fails to make the timely payment of fees for the Services, if any;
(iii) The User has repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked them to stop (in such circumstances, we may alternatively suspend or restrict User's access to the Services);
7.5. Effect of cancellation. Upon cancellation of the Subscription (or Subscription expired), the User's access to the Service will cease, other than the use of Free Service. The Terms will continue to apply until the Mobile application is removed from the User's Device. However, this may not be the case if the Terms were terminated due to infringement by the User of these Terms.
7.6. Upon any expiration or termination of these Terms, except as expressly otherwise provided in these Terms all rights, licenses, consents, and authorizations granted by the Provider hereunder will immediately terminate.
8. FEES; PAYMENT TERMS
8.1. Certain Services are only offered under a paid Subscription, and certain Provider Content is only offered for payment.
8.2. The User shall pay the Subscription Fees in accordance with selected Tariffs as indicated on the Mobile Application. The User hereby authorises the Provider to charge the Subscription Fees through the User's Third-Party Account (Apple, Google account or App Gallery account).
8.3. Please be aware that paid Subscription cannot be purchased otherwise than through the User's Third-Party Account. The Provider does not service paid Subscriptions that were not purchased through the User's Third-Party Account.
8.4. The Mobile application may include virtual services or tools that can be licensed for a fee, typically via in-app purchase ("Purchased Content"). We reserve the right to manage, regulate, control, modify, or eliminate Purchased Content at any time (and in case of subscriptions, after a specified time under terms of a respective subscription).
8.5. Subscriptions Fees for Services (including the services of third parties) are not eligible for a refund after the purchase has been processed. If you subscribed through the User's Third-Party Account and need to request a refund, please contact the store directly.
8.6. For any questions related to any financial transactions from Apple or Google LLC, or App Gallery, the User shall reach out to the respective support team at their own discretion.
8.7. The paid Subscription with the User's Third-Party Account can not be transferred to another User's Third-Party Account (e.g., the User can not transfer the paid Subscription purchased from the Google Play Store with a Google account to an App Store account and vice versa).
8.8. Pricing. The Provider operates a global business, and the pricing (for Subscription Fees or in-app purchases) varies by a number of factors based on region, length of subscription, and more. The Provider also regularly tests new features and payment options.
9.1. THE MOBILE APPLICATION IS PROVIDED "AS IS'. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE PROVIDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE MOBILE APPLICATION WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE PROVIDER MAKES NO ANY WARRANTIES THAT MOBILE APPLICATION WILL CORRESPOND TO THE USER'S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION WILL BE CORRECTED.
9.2. Since functionality of the Mobile application is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Provider has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the license without prior notice.
9.3. The Provider has no connection with User Content that Users create and/or distribute using the Mobile application. The Provider does not check the User Content or its components as well as their compliance with any kind of requirements and that the Users have all necessary rights. All responsibility for the User Content and its compliance with applicable requirements rests with the User.
9.4. The Provider is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
9.5. The Provider is not responsible in the event that the User cannot access or use the Mobile application and the Free Services or Services because of reasons beyond the Provider's control (as the establishment of new restrictive local laws, etc.).
9.6. The User is responsible for any violation of the obligations stipulated by these Terms and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Provider and other third parties can suffer).
9.7. The User understands that the Mobile application is not a backup service, and the User agrees not to rely on the Free Service or Service for the purposes of User Content backup or storage. The User may not edit, save, post, share or transform any User Content that violates these Terms or for which the User does not have all the rights necessary to grant the Provider the license described above. To the fullest extent permitted by law, The Provider has no obligation or ability to screen, edit or monitor User Content, and the User is solely responsible for all User Content that the User edit, save, post, share or transform through the Free Service or Service.
9.8. The User shall indemnify and hold harmless the Provider, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against claims, actions, proceedings, losses, damages, expenses, and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User's use of the Services or Free Services. In case the Provider will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Provider.
9.9. UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF THE PROVIDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.10. The total liability of the Provider for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the amount paid, if any, by User to use the Mobile Application. In no event will the Provider's total liability arising out of or in connection with these Terms or from the use of or inability to use the Mobile Application exceed the amounts you have paid to use the Mobile Application or fifteen ($15) U.S. dollars, if you have not had any payment obligations to the Provider, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Provider and the User.
10. GOVERNING LAW AND JURISDICTION
10.1. These Terms shall be governed by laws of the State of New York (USA) without regard to its conflict of law provisions and parties agree to submit to the exclusive jurisdiction of, and venue in, the federal or state courts in the New York State in any dispute arising out of or relating to these Terms, except as otherwise stipulated under applicable law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
11. FINAL PROVISIONS
11.1. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other forms of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
11.3. To ensure the best possible Free Service and Service level, the Provider reserves the right to interrupt the Free Service and Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Provider may also decide to suspend or terminate the Free Service or Service altogether. If the Service is terminated, the Provider will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law. Additionally, the Free Service or Service might not be available due to reasons outside the Provider's reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts etc).
11.4. Amendment and Modification; Waiver. The Provider may modify these Terms from time to time, with prior notice to the User, by posting the modified Terms on its website https://klimin.marketing/. Such modifications will not apply retroactively. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
11.5. Reservation of Rights. For the avoidance of doubt, the Mobile Application as well as any related intellectual property are only licensed to the User, and no title in them passes to the User. Any rights not expressly granted herein are hereby reserved by the Provider and his licensors, and the User are granted no other right or license in the Mobile Application, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.
11.6. Severability. If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
11.7. Entire Agreement. These Terms, together with any other documents incorporated herein by reference (including reference to information contained in a URL or referenced policy), constitute the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
11.8. The Provider's details:
Klimin Marketing SpA Address:
13 Norte 853, Oficina 803, Viña Del Mar, Chile
DMCA Copyright Policy
The Provider respects the intellectual property rights of others and expects users to do the same. If you believe someone has uploaded content (any graphics, photos, audio, music, videos or other materials) to the Mobile Application that infringes your copyright, trademark, or other intellectual property rights, please let us know by sending us an intellectual property infringement notice.
Copyright notices concerning content uploaded on the Mobile Application must meet all requirements of the Digital Millennium Copyright Act ("DMCA") as described below. Likewise, for trademark and other intellectual property notices, you must provide us with clear information about the location of the allegedly infringing work for identification purposes, complete information about your trademark or other intellectual property, and your contact information (name, physical address, and email address).
You can submit it via mail to our Copyright Agent:
Copyright Agent: Support Team
Address: 13 Norte 853, Oficina 803, Viña Del Mar, Chile
Telephone Number: +56975205041
E-Mail Address: firstname.lastname@example.org
When you submit a notice, we may provide a copy of your notice to the user who uploaded the content you say is infringing. This also applies to any contact information you include in your notice to us.
We only respond to complete and effective DMCA notices from the copyright holder or their authorized agent that contain the following elements:
- A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on the Mobile application, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Mobile application.
- Information reasonably sufficient to permit us to contact you, such as your name, postal address, telephone number and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you reside outside the US, please consider carefully if other use exceptions for copyright protection apply. If you abuse the notice process, your User account may be deactivated and you may be held liable for costs and attorneys' fees.
We are not in the position to provide you with legal advice. If you are unsure if someone's content infringes your copyright, you may want to contact an attorney, or to consult publicly available resources such as the U.S. Copyright Office website.
Counter-Notification. If you believe that the material you posted was removed from the Services by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the DMCA to confirm these requirements):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Services may be found or accessed, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Copyright Repeat Infringer Policy In order to protect the intellectual property rights of copyright holders, the Provider implements a copyright repeat infringer policy ("Repeat Infringer Policy") under which the Provider may take action against User who repeatedly misuse our Free Services or Services by violating the Provider's copyright standards and local laws.
Under Repeat Infringer Policy, a 'repeat infringer' is any User who consistently fails to adhere to Repeat Infringer Policy. This may be due to multiple successful copyright complaints against them within a stipulated period of time and could result in the repeat infringer's account being restricted.
If the Provider receive a valid copyright complaint identifying infringing content published on the Mobile application, the content may be removed. If this happens too often, we will take action against the account and the User will be notified. Once we take action against an account, the User may be prevented or restricted from accessing Free Services or Services until a successful appeal is received and processed.
The Provider's decision to restrict an account will be based on all available evidence, including such considerations as the copyright holder's allegations, whether the content was removed expeditiously, and any successful appeals against individual infringements or against the account restriction.
If your account was restricted under Repeat Infringer Policy due to multiple legitimate copyright complaints, you may file an appeal to our Copyright Agent.