Term Of Use

This agreement applies as between you, as a natural person (“you”, “your” or “user”) and Photo Collage Hub. (“we,” “us” or “our”), the owner of this Application. Your agreement to comply with and be legally bound by these terms and conditions is deemed to occur upon your first use of the Application. By accessing or using the Application, registering / creating an account, or by viewing, uploading or downloading any information or content from or to the System, you represent and warrant that you have read and understood these Terms of Use and will abide by them. If you do not agree to these Terms and Conditions, you should stop using the Application immediately.

DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings: Content - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application. Service - means collectively any online facilities, tools, services or information that Photo Collage Hub makes available through the Application either now or in the future. System - means any online communications infrastructure that Photo Collage Hub makes available through the Application either now or in the future. User / Users - means any third party that accesses the Application and is not employed by Photo Collage Hub and acting in the course of their employment. Application - means the iPhone / iPad application « Photo Collage Hub » developed by PhotoCollageHub owner and its associated web site.

a. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

b. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must (a) be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Parents and guardians must directly supervise any use of the App by minors. Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App. You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

c. INTELLECTUAL PROPERTY

• All Content included on the Application including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Photo Collage Hub, or our affiliates. By continuing to use the Application you acknowledge that such material is protected by applicable USA, United Kingdom and International intellectual property and other laws. • Subject to Clause 3 of these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Application for personal purposes only unless otherwise indicated on the Application or unless given express written permission to do so by Photo Collage Hub. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that: • You will not use the Content of the Application for commercial purposes • You will not systematically copy Content from the Application with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Photo Collage Hub

d. FAIR USE OF INTELLECTUAL PROPERTY

Material from the Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

The Services are provided by Photo Collage Hub for ENTERTAINMENT PURPOSES ONLY. No liability will be accepted by any member of Photo Collage Hub team for any actions taken resulting from a reading or information provided nor any consequences of such action which may or may not arise from the results.

Unless specified in these terms and conditions, Photo Collage Hub makes no warranty that the Service offered on the App will meet your requirements or will be uninterrupted, timely, secure or free of bugs, or that the Service is fully functional and accurate.

e. Third Party Sites

The Service may contain links to websites operated by third parties (“Third Party Sites”). For example, you can access third-party advertisements through links on the Service, and you may be able to share information with Third Party Sites through links on the Service. Please note that we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. THESE TOS DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.

f. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services is subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services

g. END USER LICENSE AGREEMENT

• By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties. • As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”). • The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be. • These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be. • All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Media Clouds LTD. and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within. • We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

h. ADVERTISING

The App is supported by revenue from advertising and advertisements and promotions may be displayed in the process of using. User agrees that advertising and promotions may be shown to him/her in the process of using and on, about, or in conjunction with user-made and submitted Content. Our advertising practices are also governed by our Privacy Policy. The format and manner of the displayed advertisements may be changed without prior notification.

i. THIRD-PARTY ENGAGEMENTS AND INTERACTIONS

The App may contain links to independent third-party sites and services. Photo Collage Hub is not responsible for the content on the Third Party Sites and by no means endorses them. User accessing any Third Party site completely acknowledges, liabilities, and responsibilities he may subject to according to Third Party Sites’ policies.

j. DISCLAIMERS

• Photo Collage Hub makes no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. • No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind. • Commercial use of the Content of this Application is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Photo Collage Hub makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based. • Whilst every effort has been made to ensure that all descriptions of services available from Photo Collage Hub correspond to the actual services available, Photo Collage Hub is not responsible for any variations from these descriptions.

k. CONTRIBUTIONS TO PICCOLLAGE

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Photo Collage Hub through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Photo Collage Hub is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Photo Collage Hub may have something similar to the Contributions already under consideration or in development; (d) your Contributions automatically become the property of Photo Collage Hub without any obligation of Photo Collage Hub to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Photo Collage Hub under any circumstances.

l. AVAILABILITY OF THE APPLICATION The Service is provided (as is) and on an (as available) basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Photo Collage Hub accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

m. Service Provided by Third Party

Google Play and Apple App Store: These ToS are between you and Photo Collage Hub team and not with the Apple App Store（collectively referred as” Third Party App Store”）. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions of the Apple App Store are less restrictive than, or otherwise conflict with, these ToS, the more restrictive term will apply.

n. In-App Purchase Terms

We may offer certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription. You can review a description of our enhanced features when you want to make a subscription. You acknowledge and agree that all billing and transaction processes are processed by Apple App Store .So all payments would also be governed by the Apple App Store terms and conditions. If you have any payment related issues with In-App Purchases, you can either contact us or contact Apple App Store directly. If you are under the age of 18 or other age of legal majority in accordance with the applicable regulation in the country of your nationality, then you must acquire permission from your parents’ or other guardians in order to make the purchase. By completing the purchase, you are informing us that you have gain all legally necessary permission to allow you to proceed your purchase When you purchase a Subscription, Apple pay may ask you to provide certain information relevant to your transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery. Such information will be collected, processed by Apple in accordance with their separate privacy policy. If any In-App Purchase is not successfully completed or does not work once you have completed the payment following the instructions, we will , after becoming aware of the fault, or being notified of the fault by you, investigate the fault . In no event will we charge you anything further to fix the fault. In the event that we are not able to resolve your concern related to In-App Purchase or are unable to do so within a reasonable period of time, or if you wish to request a refund, you can also contact the Apple directly.

o. LIMITATION OF LIABILITY

• To the maximum extent permitted by law, Photo Collage Hub accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk. • Nothing in these terms and conditions excludes or restricts Photo Collage Hub liability for death or personal injury resulting from any negligence or fraud on the part of Photo Collage Hub • Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal

p.Our Right to Manage the Service

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these ToS and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these ToS; © manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (d) to terminate or block you and other users for violating these ToS.

q. Our Right to Terminate Users

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION..

r. NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

s. PREVIOUS TERMS AND CONDITIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

t. Mobile Service, Internet and Service Fees

You are solely responsible for payment of any costs or expenses incurred as a result of downloading and using the Licensed Application, including any wireless, network, data usage, and roaming charges.

The Licensed Application may not work with all devices or all mobile carriers. Application Provider makes no representations that the Licensed Application will be compatible with or provided by all mobile carriers. In the event that You incur third-party service provider fees in connection with downloading and using the Licensed Application, or for products or services provided by any third-party service providers, You agree to pay such costs and expenses to the respective party in exchange for Your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which You will be required to agree to prior to Your use of such services.

u. CONTACT INFORMATION

All notices / communications shall be given to us by email to photocollagehub@gmail.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.