Terms of App Use

These terms of use (together with the documents referred to in it) (“Terms”) are the terms on which you may make use of Pixtory Mobile App (“App”). Use of the App includes accessing, browsing, or registering to use the App. Please read these Terms carefully before you start to use the App. We recommend that you print a copy of this for future reference.

By using the App and/or providing Content to the Website (whether through online or offline modes), you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the App. If you do not agree with any amendments made by to these Terms at any time in future, you must stop using the App with immediate effect.

Other Applicable Terms

These Terms refer to, incorporate and include the following additional terms, which also apply to user of the App and to the third party service provider:

  • — Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App, you consent to such processing and you warrant that all data provided by you is accurate.
  • — Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the App. When using the App, you must comply with this Acceptable Use Policy.
  • — Our Cookie Policy, which sets out information about the use of cookies on the App
  • — Our Advertising Policy, which sets out the kind of advertising and marketing content permitted on the App.

About Us

The App provides a technology platform that enables the users to share the photographs and/or stories in a narrative format and offers other related services (the “Services”). The App is operated by Picstorie Technologies Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 with registered office at Aruvathoklu Village and Post, Virajpet Taluk, Kodagu Karnataka, India.

Any reference to “you” or “your” or “user” or “customer” (if applicable) refers to you as a user of the App and the Services; and any reference to “Pixtory”, “we”, “our” and “us” shall refer to the Company and the “service provider” shall mean the provider of the Services on the App.

Changes to these terms and services

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.

Changes to the App

We may update the App from time to time, and may change the Content at any time. In these Terms, the term “Content” means any information, text, graphics, photographs, narrative stories, video, sound, music, feedback, comments, suggestions, or other information, material or files including, without limitation, names or likenesses (all whether concerning you or a third party) or other materials uploaded by the users of the App (as a contributor), third party service providers or by us. The Content may be contributed to the Website through any mode whether online platform or offline platform (email, posts). However, please note that the Content on the App may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the App or any Content on it, will be free from errors or omissions.

Accessing the App

We do not guarantee that the App, or any Content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Your account and password

When you register with us, an account will be created for your use (“Account”) on the App and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the App after logging into any third party App like Facebook, Twitter or Gmail, the login information of such third party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the App through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the App or any other App accessed by you through the App

You represent and warrant that if you are an individual, (i) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the App should do so only under parental guidance. If we change the eligibility criteria to be registered with the App and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.

We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at contact@pixtory.in. We are not liable for any losses or other consequences of unauthorised use of your account.

User Responsibilities

These Terms govern your behaviour on the App and set forth your obligations. The user and the third party service provider agree and confirm to the following responsibilities:

  • — You shall comply with all the obligations set forth in these Terms.
  • — You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws and regulations, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the App.
  • — Creation and maintenance of all Content in your account shall be your sole responsibility.
  • — You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
  • — Provide us with only such information that is true and accurate to the best of your knowledge.

Payment Terms

The App is currently available free of charge. We reserve the right to charge for access to the entire App or any part of it.

Interactive Services

We may from time to time provide interactive services on the App, including, without limitation:

  • — Chat rooms
  • — Bulliten boards

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Uploading Content to the App

Whenever the user makes use of a feature that allows them to upload Content to the App, or to make contact with other users of the App, they must comply with the Content standards set out in our Acceptable Use Policy. The user warrants that any such Content added by them does comply with those standards, and they will be liable to us and indemnify us for any breach of that warranty. The user will be responsible for any loss or damage we suffer as a result of the breach of warranty.

Any Content uploaded to the App will be considered non-confidential and non-proprietary. The person uploading the content may retain all of the ownership rights in the Content, but they are required to grant us and other users of the App a limited licence to use, store and that Content, for any purpose whatsoever, and to distribute and make it available to third parties. The rights licence to us by the Content providers are described in the next clause.

For the avoidance of doubt, by submitting your Content, you understand and agree that: (1) the Content may become publicly viewable on the App or elsewhere; (2) Pixtory has the right to publish your user name in connection with your Content, wherever applicable; and (3) you will only submit the Content that you own or have permission to submit from the owner, in which case you will provide Pixtory, upon request, with a copy of a written consent from the owner.

Pixtory shall have no obligation to pay you any compensation for your Content and with respect to Pixtory’s use or nonuse of your Content, and is under no obligation to post or use any Content you may provide. Pixtory may, in its sole discretion, remove any Content at any time, with or without notice to you, prior or otherwise. You may request the removal of your Content for any reason on reasonable written notice to Pixtory, on receipt of which Pixtory will take commercially reasonable steps to comply.

Neither these Terms nor the Privacy Policy governs or protects any information that you have publicly disclosed on the App. It is your responsibility to review what information you wish to share with members of the App. Pixtory recommends that you do not list any actual contact information in an item listing or in any other public Content. In the event that you choose to publicly share such contact information, you do so at your own risk.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pixtory may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

We also have the right to disclose identity of the Content Provider to any third party who is claiming that any Content posted or uploaded by such person to the App constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you. We have the right to remove any posting made on the App by the user if, in our opinion, such post does not comply with the Content standards set out in our Acceptable Use Policy.

Rights You Licence

When the user/Content provider uploads or posts Content to the App and/or provide Content to the Company (whether through online medium or offline medium), they grant us a worldwide, perpetual, non-exclusive, transferrable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in or through the App or any and/or all media or distribution methods, including, without limitation, the internet, mobile devices, and in advertising or promotion, print or otherwise (now known or later developed). Such uses by us or others may be made with no compensation paid to the Content provider with respect to use as mentioned. The manner, mode and the extent of advertising and promotions are subject to change from time to time without any specific notice to the Content provider/user. The user/Content Provider further grants the other users of the App limited right to use, copy, reproduce, process, adapt

We may modify or adapt the Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading Content to the App, the Content Provider warrants, represents and agrees he/she/it has the right to grant us the licenses described above. If you wish to make any use of Content on the App other than that set out above, please send us an e-mail at contact@pixtory.in

Intelectuall Property Rights

We are the owner of the App. However, the ownership of Content is with the content provider of that specific Content. The Company does not have any ownership rights on the Content available on the App.

We are the licensee of all copyrights, trademarks, service marks or any other intellectual property in the Content published on the App. All such rights are reserved.

Except as expressly set forth in these Terms or as otherwise permitted in writing by Pixtory, you agree not to: (1) capture, transfer, upload, distribute, sell, license, modify, manipulate, reproduce, perform, publicly display, create derivative works from or based upon, or otherwise exploit the App, in whole or in part, on any other website or in any medium now known or hereafter developed; and (2) remove or modify any trade names, product names, logos, trademarks, copyrights or other proprietary notices, legends, symbols or labels on the Site (each of the foregoing, “Unauthorized Conduct”).

Any Unauthorized Conduct constitutes a violation of these Terms and an infringement of the intellectual property rights of Pixtory and/or its Content providers or other licensors. Any such infringement or violation may subject you to civil and criminal liability and penalties under intellectual property laws throughout the world, including without limitation the payment of damages and attorney’s fees.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the Content on the App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

We display some Content that is not ours. This Content is the sole responsibility of the person/entity who makes it. The Content of the App, including without limitation, text, copy, audio, video, is for informational purposes only. Reliance on any information appearing on the App, whether provided by the Company, its Content providers, the third party service providers, visitors to the App or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the App. You acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the App, the person from whom said Content is obtained and made available on the App shall be solely responsible, and the Company shall have no liability in relation to the same.We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do. We assume no responsibility for the Content of apps linked on the App. Such links should not be interpreted as endorsement by us of those linked apps. We will not be liable for any loss or damage that may arise from your use of them.

Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the Content on the App is accurate, complete or up-to-date

Disclaimer of Warranties

You expressly acknowledge and agree that use of the Services and the App is at your sole risk. The Services and the App are provided on an "as is" and "as available" basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the App may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the App. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the App. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the App that is used by you.

We make no warranty that the Services or App will meet your requirements or that the Services or your access to the App will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

The Company/App does not implicitly or explicitly support or endorse the procurement of any Service on the App. Pixtory shall not be responsible for the quality of Services provided through the App.

Any third party service provider may advertise goods, services or experiences on the App, that require the service provider to have an up-to-date regulatory authorization, license, or certification. Pixtory does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any service provider.

THE APP IS A PLATFORM WHICH MERELY PROVIDES A PLATFORM WHERE USERS MAY ALSO ACT AS CONTENT PROVIDER. PIXTORY SHALL HAVE NO LIABILITY OR OBLIGATION FOR ANY ACTS OR OMISSIONS BY USERS.

No advice or information, whether oral or written, obtained by you from the Services or App or through the Service(s) or App shall create any warranty not expressly made herein.

User Comments/Like

Pixtory is a neutral platform and users’ comments and/or likes on the Content do not reflect the opinion of Pixtory. Such comments and/or likes by users reflect the personal opinions of the users. If any comments/review is in breach of the policy of Pixtory, Pixtory may in its sole discretion remove such comment/review.

Viruses

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or your downloading of any Content on it, or on any App linked to it.

You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the App will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Limitation of Our Liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any Content on it, whether express or implied.

We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • — use of, or inability to use, the App; or
  • — use of or reliance on any Content displayed on the App.
  • — use of the Services provided through the App

If you are a business user, please note that in particular, we will not be liable for:

  • — loss of profits, sales, business, business opportunity or revenue;
  • — business interruption;
  • — loss of anticipated savings;
  • — loss of business opportunity, goodwill or reputation; or

Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.

Electronic Communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. 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. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the App and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email at contact@pixtory.in

Linking to the App

If you choose to authenticate your account through a third party service, like Twitter, Gmail, Instagram or Facebook, you are linking that account to your Account.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the App in any app that is not owned by you.

The App must not be framed on any other site, nor may you create a link to any part of the App other than the home page.

We reserve the right to withdraw linking permission without notice.

The App in which you are linking must comply in all respects with the Content standards set out in our Acceptable Use Policy.

Idemnification

To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, or your violation of the Applicable Law or the rights (including infringement of intellectual property rights) of a third party.

Release and Waiver

To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our App, its Services or Content. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Applicable Law

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Karnataka will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

Term and Termination

We reserve the right to refuse to continue providing you with access to this App if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This App is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. The Terms shall continue to form a valid and binding contract between the user and the Company, and shall continue to be in full force and effect until users continues to access and use the APP. Provided, however, certain sections of these Terms such as Disclaimer of Warranties, Limitation of Liability, Intellectual Property Rights, Applicable Law, Indemnification, Release and Waiver shall continue to remain in full force and effect indefinitely.

General Terms

Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Invalidity of Specific Terms

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.

Contact Us

For general enquires, complaints and/or giving any feedback, please email to contact@pixtory.in

In case you do not want to continue using our Services and want to deactivate your account with us, please contact is at contact@pixtory.in

If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at contact@pixtory.in (“Opt-out Request”). You agree that you are not entitled to use this App or the Services unless your Opt-out Request is accepted by us in writing

THANK YOU FOR VISITING US.