Famedgram App Terms of Service

 

Thank you for using our app Famedgram and its services. Famedgram Appproducts and services are provided by G-Power (referredto as “us”, “we”, “Famedgram App” or the“Developer”herein). FamedgramApp provides Services to you ("you" or "your"), subject tothe terms contained in this Pepost App Services Terms of Use (this"Agreement"). By using or accessing the Services, you("User" or "you") agree to becomebound by all the terms and conditions of this Agreement. If you do not agree toall the terms and conditions of this Agreement, you shouldn't and aren'tpermitted too use the Services. Use of our Services is expressly conditionedupon your assent to all the terms and conditions of this Agreement.

 

1. Access To The Services

Developer reserves the right tochange, suspend or discontinue the Services at any time, including theavailability of any feature, database, or Content. Developer may alsoimpose limits on certain features and services or restrict your access to partsor all of the Services without notice or liability. Developer reserves theright, in its sole discretion, to modify this Agreement at any time by postinga notice on the Website and/or Application. You shall be responsible forreviewing and becoming familiar with any such modifications. Your use of theServices following such notification constitutes your acceptance of the termsand conditions of this Agreement as modified.

In accordance with our Privacy Policy, we alsocommunicate with you when necessary regarding security, privacy andadministrative issues.

You may not use the Services and you may not accept theTerms if you are not of a legal age to form a binding contract and otherwisecapable of entering into this agreement. You must be at least 13 years old touse the Service.

2. Collection And StorageOf Information

Through your use of our Services, you consent to thecollection, storage and use (as set forth in the Privacy Policy) of the information you provide, including the transferof this information forprocessing and use by us.

3. Registration

In order to register to use our Services, you must log intoyour Instagram account. We do not collect or store your Instagram account logininformation, but we do collect and store certain information from yourInstagram profile. Such information includes but is not limited to your username, profile picture and followers list. You agree to provide true, accurate,current, and complete information, and keep your information accurate, current,and complete. If we have reasonable grounds to believe that your information isuntrue, we may suspend or terminate your account.

4. Account, Password AndSecurity

You are responsible for maintaining the confidentialityof your Instagram account name (login name or email address) and password andare fully responsible for all activities that occur under your account and password.You agree to not hold us liable for any loss or damage arising from or relatingto your failure to properly safeguard your account or password. Pleaseimmediately notify us of any unauthorized use of your Instagram password oraccount used to register for our services.

5. Services Content

Our Services, and their contents, are intended solely forthe use of Services users and may only be used in accordance with the terms ofthis Agreement. All materials displayed or performed through the Services(including, but not limited to text, graphics, articles, photographs, images,and illustrations, also known as the "Content") are protected bycopyright. You shall abide by all copyright notices, trademark rules,information, and restrictions contained in any Content accessed through the Services,and shall not use, copy, reproduce, modify, translate, publish, broadcast,transmit, distribute, perform, upload, display, license, sell or otherwiseexploit for any purposes whatsoever any Content or third party submissions orother proprietary rights not owned by you: (i) without the express priorwritten consent of the respective owners, and (ii) in any way that violates anythird party right.

Our Services are protected under the Copyright Act. Youmay not modify, publish, transmit, participate in the transfer or sale of,reproduce, create derivative works based on, distribute, perform, display, orin any way exploit, any of the Content, software, materials, or Services inwhole or in part.

You understand that all information publicly posted orprivately transmitted through the Services is the sole responsibility of theperson or Developer from which such content originated and that Developer will not beliable for any errors or omissions in any content. You understand that Developer cannotguarantee the identity of any other users with whom you may interact in thecourse of using the Services. Additionally, Developer cannot guarantee the authenticity of any data that usersor merchants may provide about themselves. You acknowledge that all Contentaccessed by you using the Services is at your own risk and you will be solelyresponsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Developer be liable inany way for any Content, including, but not limited to, any errors or omissionsin any Content, or any loss or damage of any kind incurred in connection withuse of or exposure to any Content posted, emailed, accessed, transmitted, orotherwise made available via the Services.

6. Third Party Websites

The Services may contain links to third party websites,apps or services ("Third Party Services") that are not owned orcontrolled by Developer, or the Services may be accessible by logging in througha Third Party Service, as described more fully in our Privacy Policy. When youaccess Third Party Services, you do so at your own risk. You hereby representand warrant that you have read and agree to be bound by all applicable policiesof any Third Party Services relating to your use of the Services and that youwill act in accordance with those policies, in addition to your obligationsunder this Agreement. Developer has no control over, and assumes no responsibility for,the content, accuracy, privacy policies, or practices of or opinions expressedin any Third Party Services. In addition, Developer will not and cannot monitor, verify, censor or edit thecontent of any Third Party Service.

By using the Services, you expressly relieve and holdharmless Developer from any and all liability arising from your use of anyThird Party Service. Your interactions with organizations and/or individualsfound on or through the Services, including payment and delivery of goods orservices, and any other terms, conditions, warranties or representationsassociated with such dealings, are solely between you and such organizationsand/or individuals. You should make whatever investigation you feel necessaryor appropriate before proceeding with any online or offline transaction withany of these third parties. You agree that Developer shall not be responsible or liable for any loss ordamage of any sort incurred as the result of any such dealings. If there is adispute between participants on this site, or between users and any thirdparty, you understand and agree that Developer is under no obligation to become involved. In the eventthat you have a dispute with one or more other users, you hereby release Developer, its officers,employees, agents, and successors in rights from claims, demands, and damages(actual and consequential) of every kind or nature, known or unknown, suspectedor unsuspected, disclosed or undisclosed, arising out of or in any way relatedto such disputes.

7. Restricted Uses

You warrant, represent and agree that you will notcontribute any Content or otherwise use the Services in a manner that (i)infringes or violates the intellectual property rights or proprietary rights,rights of publicity or privacy, or other rights of any third party; (ii)violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent,deceptive, threatening, abusive, harassing, degrading, intimidating, tortious,defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv)impersonates any person or entity, including without limitation any employee orrepresentative of Developer; (v) restricts or inhibits any other user from using andenjoying the Services or Content; (vi) relate to products that are sexual orpornographic in nature, alcoholic products, tobacco products or other productsthat are unlawful in any manner; or (vii) contains a virus, trojan horse, worm,time bomb, or other harmful computer code, file, or program. Developer reserves theright to remove any Content from the Services at any time, for any reason(including, but not limited to, upon receipt of claims or allegations fromthird parties or authorities relating to such Content or if Developer is concernedthat you may have breached the immediately preceding sentence), or for noreason at all. You, not Developer, remain solely responsible for all Content that youupload, post, email, transmit, or otherwise disseminate using, or in connectionwith, the Services, and you warrant that you possess all rights necessary toprovide such content to Developer and to grant Developer the rights to use such information in connection withthe Services and as otherwise provided herein.

You are responsible for all of your activity inconnection with the Services. Any fraudulent, abusive, or otherwise illegalactivity may be grounds for termination of your right to access or use theServices. You may not post or transmit, or cause to be posted or transmitted,any communication or solicitation designed or intended to obtain password,account, or private information from any other user of the Services. Use of theServices to violate the security of any computer network, crack passwords orsecurity encryption codes, transfer or store illegal material (includingmaterial that may be considered threatening or obscene), or engage in any kindof illegal activity is expressly prohibited. You will not run Maillist,Listserv, any form of auto-responder, or "spam" on the Services, orany processes that run or are activated while you are not logged on to theWebsite, or that otherwise interfere with the proper working of or place an unreasonableload on the Services' infrastructure. Further, the use of manual or automatedsoftware, devices, or other processes to "crawl," "scrape,"or "spider" any page of the Website is strictly prohibited. You willnot decompile, reverse engineer, or otherwise attempt to obtain the source codeof the Services. You will be responsible for withholding, filing, and reportingall taxes, duties and other governmental assessments associated with youractivity in connection with the Services.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLEFOR ANY CONTENT YOU SUBMIT, CONTRIBUTE, SHARE OR OTHERWISE CAUSE TO BETRANSMITTED THROUGH THE SERVICES, AND YOU, NOT THE Developer, HAVE FULLRESPONSIBILITY FOR SUCH CONTENT, INCLUDING ITS LEGALITY, RELIABILITY, ACCURACYAND APPROPRIATENESS.

WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRDPARTY, FOR THE CONTENT OR ACCURACY OF ANY USER CONTRIBUTIONS PROVIDED BY YOU ORANY OTHER USER OF THE SERVICES, INCLUDING THE FAMEDGRAM APP.

8. Exclusivity

You agree that by us providing you the Services for free,you grant us the exclusive right to work with you to promote brands and/orproducts on through our Services. This exclusive right covers alladvertisements and promotional activities of any kind involving the Services.

9. Warranty Disclaimer

YOU EXPRESSLYUNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THESERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.UNLESS EXPRESSLY SET FORTH HEREIN, DEVELOPER MAKES NO WARRANTY, EXPRESS ORIMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISINGAND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES ORCONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULARPURPOSE. DEVELOPER DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND YOUASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

10. Privacy Policy

For information regarding Developer's treatment of personally identifiable information,please review Developer's current Privacy Policy; your acceptance of thisAgreement constitutes your acceptance and agreement to be bound by Developer's PrivacyPolicy.

11. Termination

This Agreement shall remain in full force and effectwhile you use the Services. You may terminate your use of the Services at anytime. Developer may terminate or suspend your access to the Services oryour membership at any time, for any reason, and without warning, which mayresult in the forfeiture and destruction of all information associated withyour membership. Developer may also terminate or suspend any and all Services andaccess to the Services immediately, without prior notice or liability, if youbreach any of the terms or conditions of this Agreement. Upon termination ofyour account, your right to use the Services, access the Application, and anyContent will immediately cease. All provisions of this Agreement which, bytheir nature, should survive termination, shall survive termination, including,without limitation, ownership provisions, warranty disclaimers, and limitationsof liability.

12. Governing Law andDisputes Resolution

Except to the extent that: (i) any applicable additionalterms incorporated into these Terms provide differently, or (ii) the applicablelaws and regulations of your jurisdiction mandate otherwise, the Agreement and anydispute or claim arising out of or in connection with the Agreement will begoverned by the laws of the People’s Republican of China.

Any dispute, controversy or claim (whether in contract,tort or otherwise) arising out of, relating to, or in connection with the Agreement, includingtheir existence, validity, interpretation, performance, breach or termination,will be referred to and finally resolved by arbitration administered by theChina International Economic and Trade Arbitration Commission (CIETAC), and theplace of arbitration shall be in Beijing. Within the valid period for thearbitration, such arbitration tribunal shall subject to the arbitration rulesof the CIETAC in effect at the time of the arbitration. The award of thearbitration tribunal shall be final and binding upon the two parties.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEVELOPER AND ITSAFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGESARISING OUT OF OR RELATING TO THE BREACH OF THE TOS OR THE USING OF SERVICE,EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify and hold Developer and itsemployees harmless from and against any third-party claim and any relatedlosses, costs, liabilities and expenses, including reasonable attorneys’ fees,arising out of the breach of any representations, warranties or covenants madeby you.

15. Copyright DisputePolicy

Famedgram cannot removeor edit material posted on Instagram. As such, concerns and complaintsregarding copyrighted material should be reported to Instagram in accordancewith Instagram’s Terms of Use.

16. Contact

If you have any questions, complaints or claims withrespect to our Services, you may contact us at feedback@gpower.co.