1. User relations with us
Welcome to Pic Dance, your dedicated platform for dance photo graphy and video sharing. This User Agreement ("Agreement") governs your relationship with Pic Dance ("we," "us," or "the App"). By accessing or using Pic Dance's services, The Terms form a legally binding agreementbetween you and us. Please take the time toread them carefully.
2. Accepting the Terms
By accessing or using our Services, you confirm that you are capable of entering into a binding contract with the Company, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also governed by our Privacy Policy, which can be directly accessed on the Platform or, where the Platform is available for download, on your mobile device's applicable app store. The Privacy Policy is incorporated herein by reference.
Your use of Pic Dance and uploading of content to any Third-Party Site are subject to the terms and conditions of such Third-Party Site. You are solely responsible for ensuring compliance with the terms and conditions of any Third-Party Site.
You can accept these Terms by accessing or using our Services. By doing so, you understand and agree that we will consider your access or use of the Services as acceptance of these Terms from that point onward. If you do not agree to these terms of use, you do not have the right to install the Pic Dance application on any device or to access or use the site, service, or Pic Dance content.
If you have any questions about this Agreement or our Services, please contact us at:picdance@outlook.com.
3.User Account and Account Security
You do not need to create an account foryour use of the Services. Pic Dance reserves the right to suspend or terminate services for users who violate this Agreement.
4.Users' Content
Pic Dance empowers users to create and retain proprietary rights over their content—encompassing photos, videos, and more—labeled "User Content." By engaging our services, you grant Pic Dance a worldwide, royalty-free license to utilize your User Content for service provision without transferring ownership. This license enables the integration of your contributions within our platform's offerings.
It is imperative to acknowledge that Pic Dance may incorporate advertisements into its services, given the advertisement-supported nature of certain features. Users consent to the positioning of promotional materials adjacent to or within their User Content, with the understanding that advertising formats and frequency may evolve without individual notice.
By engaging with our services, you affirm that:
You possess the necessary rights to utilize User Content as per the terms outlined herein.
You will fulfill any financial obligations arising from the use of your stylized User Content on our platform.
You possess the legal capacity to enter into this agreement within your jurisdiction.
It is essential to refrain from generating, uploading, storing, or disseminating any User Content that violates this agreement or over which you lack the full rights to grant us the licensing privileges outlined herein. While we do not bear the responsibility of monitoring User Content, we retain the right to remove inappropriate content at our discretion. It should be noted that Pic Dance does not function as a backup service; hence, users are advised against relying on our platform for content backup or storage. Pic Dance waives liability for modifications to, suspension of, or discontinuation of services, as well as loss of User Content.
5. Eligibility and Access
You must be at least 12 years of age toaccess or use our Services. Protecting children's online privacy is very important to us. If you are a parent or guardian and want to view the personal data collected from your child, or want to modify or delete this information, you can contact us as described above. If we know that a child has personal data that violates the above regulations, we will delete any personal data we collect, unless we are legally obliged to keep it, and terminate the child's account and/or restore it to the minor part (if applicable) .
6. Release & Amendments & Termination
To the fullest extent permitted by applicablelaw, you release Pic Dance and the other Pic Dance Parties from responsibility, liability, claims, demands,and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to,claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
Pic Dance reserves the right to modify this Agreement at any time. Changes are effective upon posting of the revised Agreement. Your continued use of our services indicates acceptance of the modified terms. We also reserve the right to terminate services or this Agreement with reasonable notice.
7. Privacy Protection & Purchasing
We respect your privacy rights. For details, refer to our 'Pic Dance Privacy Policy.' By using our services, you consent to the collection, use, storage, and disclosure of your personal information as described in the policy.
We provide in-app purchases , you shouldmaintain the privacy of your account andpassword and do not share it with othersWe are not obligated to compensate anyuser who suffers losses caused by thisbehavior.
8. Content Posting & Intellectual Property
All content uploaded to Pic Dance, such as dance videos, images, or text, must be original or legally authorized, ensuring no infringement of third-party intellectual property rights.
By posting content, you grant Pic Dance a global, non-exclusive, sublicensable, transferable license to use, modify, adapt, publish, translate, create derivative works, distribute, and publicly display your content without compensation.
Posting of pornographic, violent, defamatory, illegal, or inappropriate content is strictly prohibited. Pic Dance reserves the right to remove such content and take action against offending accounts.
9. Prohibited Conduct
You shall not infringe upon any applicable laws, contractual obligations, intellectual property rights, or third-party interests, nor engage in any tortious conduct while accessing or utilizing our Services. The responsibility for your actions during the use of our platform rests solely with you. Specifically, you are prohibited from:
Engaging in harassing, threatening, intimidatory, predatory, or stalking behavior;
Attempting to access or using another user's account without express authorization from both the user and Pic Dance;
Utilizing our Services in such a way that it may interfere, disrupt, negatively impact, or inhibit other users' enjoyment of our platform, or cause damage, disablement, overburdening, or impairment to the functional integrity of our Services;
Decompiling, reverse engineering, or endeavoring to reveal source code, bypass, or circumnavigate any security measures implemented to safeguard or restrict access to any segment of our Services;
Seeking to bypass our content filtering mechanisms or attempting to access features or areas of our Services for which you lack authorized access;
Developing or deploying any third-party applications that interface with our Services without our prior written consent, including, but not limited to, scripts designed for data scraping or extraction from our platform.
These guidelines ensure the maintenance of a secure, respectful, and efficient environment for all users of our Services.
10. Intellectual Property Rights
Our Services are rigorously protected by the comprehensive legal umbrella of intellectual property rights, encompassing copyright, patents, trademarks, and more, in accordance with the jurisdictions they serve. Exclusive ownership of the inherent copyrights rests with our organization or licensed third parties, in full accordance with applicable laws.
Any unauthorized reproduction, dissemination, exhibition, execution, adaptation, modification, or exploitation of the Services' components is strictly forbidden without our explicit, written consent. Upholding intellectual property rights is a cornerstone of our operations, and we expect users to adhere to these principles unfailingly.
Accessing and using the Services constitutes your agreement not to infringe, directly or indirectly, upon any intellectual property rights through misuse or unauthorized commercial exploitation of the Services or their content. We reserve the right to deny access to the Services, including taking measures against suspected violators of these proprietary rights, at our discretion and without prior notification, thus ensuring the integrity of our intellectual property.
11. Disclaimer of Warranties and Indemnification
1.Disclaimer of Warranties
These terms uphold your statutory rights as a consumer, which cannot be altered or waived by contractual agreement. The services are offered on an "as is" basis, with no explicit or implied warranties pertaining to their adequacy, uninterrupted access, timeliness, security, freedom from errors, accuracy of obtained information, or correction of software defects.
We exclude all conditions and terms, unless explicitly stated in these terms, including any implied warranties of quality, merchantability, fitness for purpose, description conformity, non-infringement, or rights violation. We reserve the right to modify, suspend, withdraw, or limit platform access for business operations without prior notice, maintaining our commitment to operational flexibility while acknowledging your immutable consumer rights.
2.Indemnification
To the fullest extent allowable by law, you agree to indemnify, defend, and exempt Pic Dance and our officers, directors, agents, partners, and employees (collectively, the "Pic Dance Parties") from any and all claims, liabilities, damages, expenses, or costs arising from or connected to your actions.
(a) your access to or use of our Services;
(b) your User Content or Feedback;
(c) yourviolation of this Agreement;
(d) yourviolation, misappropriation or infringementof any rights of another(includingintellectual property rights or privacy rights);
(e) In engaging with our Services, you are held to the utmost standards of conduct and are duty-bound to promptly inform Pic Dance Parties of any third-party claims that emerge. You are further required to fully cooperate with us in defending against such claims and bear all associated costs, including legal fees. Additionally, you consent to Pic Dance Parties directing the defense or resolution of these claims. This indemnification clause complements, rather than replaces, any other indemnity provisions in separate agreements between you and Pic Dance or its affiliates, reinforcing a unified approach to addressing legal challenges and solidifying our mutual obligations in safeguarding our interests.
12. Limitation of Liability & Dispute Resolution
Pic Dance and its affiliates disclaim liability for any damages, including indirect, incidental, punitive, special losses, or lost profits, arising from your use of our services, unless caused by gross negligence, fraud, or intentional misconduct on our part. This limitation applies regardless of the legal theory underpinning the claim. Our total liability to you for any claims related to this agreement or our services is capped at the amount you have paid to access or utilize said services, if any. Please note that certain jurisdictions may not permit the exclusion or limitation of incidental or consequential damages, thereby potentially affecting the applicability of these limitations to individual cases.
The interpretation, validity, and resolution of disputes arising from or related to this Agreement shall be governed by applicable law (excluding conflict of law provisions). In the event of a dispute arising from or related to this Agreement, the parties shall first attempt to resolve the dispute through friendly negotiation. If negotiation fails, either party may initiate legal proceedings in the competent court of jurisdiction where Pic Dance is located.
13. Third Party Link
The Pic Dance Services may contain linksto independent third-party websites andservices (collectively, "Third Party Sites").Third Party Sites are not under Pic Dance's control, and Pic Dance does notendorse, is not responsible for, and shallhave no liability to you with respect to thebusiness practices, privacy practices, orcontent including, without limitation, anyand all materials, information, merchandise,products or services displayed, featured,mentioned, advertised, distributed or soldon or through such Third Party Sites. lf youaccess any Third Party Site, youacknowledge and agree that you do so atyour own risk and that it is yourresponsibility to read and understand theprivacy, membership, payment and other policies of the Third Party Sites and todetermine whether or not you will have anyinteraction with any of those sites.
14. Termination & Severability
We reserve the right to terminate your access to our Services at our sole discretion without prior notice, and disclaim liability for any resultant loss or harm.
If any provision of this agreement is found invalid, unlawful, or unenforceable under applicable law, it will not affect the validity and enforceability of the remaining provisions. The provision will be revised or removed to maintain the integrity and enforceability of the agreement, as feasible under the circumstances.
15. Electronic Communications
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This includes, but is not limited to, email communications or postings on the Pic Dance platform. Electronic communications are deemed to be received by you when we send them to the email address or mobile number you provided during registration or when we post such communications on the Pic Dance platform.
If you have any questions about this Agreement or our Services, please contact us at:picdance@outlook.com.