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Terms of Use

2023-06-15
  1. Definitions
    • The website https://WonderPix.siuwan.tech (the “Website”) is owned and operated by SiuWan Technology Limited (“WonderPix” or “we”).
    • “Content” means any text, graphics, images, music, software, audio, video, works of authorship of any kind, source codes, documentation and information or other materials that are posted, generated, provided, developed, transmitted or transferred through the Services.
    • “Your Content” means any Content that you post, upload, publish, submit, transmit, develop, transfer or include in your use of the Services.
    • “You” or “User” means any individual or entity that accesses or uses the Services.
  2. Your Consent and Acceptance of Terms
    • By using our website, you signify your consent to the Terms of Use. If you do not agree to the Terms of Use, please do not use our site. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.
  3. Changes to Terms
    • WonderPix may update and amend these Terms of Use from time to time without notice by posting on the Website, electronic mailing or notification on your account. You should review these Terms periodically for changes. The updated Terms shall take effect immediately upon posting, electronic mailing or notification.
  4. Prohibited Use and Activities
    • You agree not to use the Website or Services for any unlawful, improper, prohibited or morally objectionable purpose, or in any way that violates these Terms of Use. You agree to comply with all applicable laws and regulations. Any activities that violate any applicable law or regulation are strictly prohibited.
    • You shall not access or interfere with the Website and its systems in an unauthorized manner.
    • The following activities are strictly prohibited:
      • Copying, distributing, displaying, performing or modifying Content or Services unless expressly permitted;
      • Using the Services for any illegal or unauthorized purposes;
      • Attempting to compromise the security or integrity of the Website or Services;
      • Interfering with the functionality or proper working of the Website or Services;
      • Impersonating or falsely claiming to represent any person or entity;
      • Storing or transmitting malicious code or viruses;
      • Violating the privacy rights or publicizing the private information of others without consent;
      • Engaging in fraudulent, deceptive or misleading activities;
      • Uploading, posting, publishing, transmitting or transfer any pornographic, obscene or child pornography, unlawful, unethical, racist, toxic, dangerous or illegal Content; or
      • Encouraging or promoting illegal or unethical behavior.
  1. Third-Party Websites
    • This Website contains links to third-party websites. We have no control over and are not responsible for the content, information or opinion presented in any third-party website.
  2. Intellectual Property
    • The Website, Services and any rights subsisting therein, including any Content shall remain the property of WonderPix. WonderPix retains ownership in all its intellectual property even if modified, combined or merged with Your Content.
    • You may print and download portions of the Website for your own personal, non-commercial use but you may not use or exploit any WonderPix Content for commercial purposes. Your Content shall remain owned by you subject to the rights granted to WonderPix under these Terms.
    • You may not use any trademark, service mark, logo or trade name displayed on the Website without written permission from WonderPix or the third-party owner.
  3. Infringement Claims.
    • WonderPix provides image templates and graphics that you can use in creating and customizing photos and designs. While WonderPix makes reasonable efforts to ensure these image templates and graphics do not infringe on any third-party intellectual property rights, likeness rights or other rights, WonderPix cannot guarantee that no infringement has occurred, given the volume and nature of these items.
    • If you own intellectual property rights over any image, content or material, and believe that such item as made available through the Services infringes your intellectual property rights, you may report this to WonderPix by emailing WonderPix@siuwan.tech with details of your claim and evidence substantiating your rights.
    • Upon receiving a report claiming infringement from the owner of intellectual property rights or their authorized representative, WonderPix shall investigate the claim within 30 business days.
    • If WonderPix finds that the image, content or material reported does infringe valid intellectual property rights, WonderPix shall make reasonable good faith efforts to remove or disable access to the infringing item within 60 business days after the confirmation.
    • By removing or disabling access to the infringing item as described above, WonderPix shall be deemed to have taken appropriate action, and the reporting party agrees not to pursue further claims against WonderPix regarding that specific item, provided that no substantially similar infringements are repeated.
    • Failure to report any subsequent infringement shall not give rise to new claims against WonderPix regarding those prior items addressed.
  4. Access and Registration
    • To access certain features of the Website, you must register to create an account and provide complete and accurate personal information. You are responsible for updating your information to keep it current.
    • You must be over the age of majority in your jurisdiction or have parental consent and agreement to these Terms to register for an account and use the Services. WonderPix reserves the right to terminate accounts of users below the age of majority without parental consent.
    • You agree to use the Website and Services only for permitted purposes and in a lawful and compliant manner pursuant to these Terms and applicable laws.
  5. Disclaimers
    • While we aim to provide information and content that is up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Website and Services.
    • We do not endorse, guarantee or make any representations regarding the use or results of the Services in terms of correctness, accuracy, reliability or otherwise. Reliance on any information provided by us is solely at your own risk.
  6. Disclaimer of Warranties
    • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    • While we aim to provide information and content through the Services that is up-to-date and accurate, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY OR SUITABILITY OF THE WEBSITE, SERVICES OR ANY CONTENT OR INFORMATION. Your use of the Services is at your own risk. WonderPix EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING:
      • ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT;
      • ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; AND
    • WonderPix does not warrant that the Website, Services or any functions contained therein will be completely secure or available at all times. WonderPix shall not be held liable for any interruption in Services, delay or failure to provide Services, or loss of data.
    • The results are subject to the content you provide, such as your photos, being in the correct format and meeting WonderPix’s requirements.
    • Due to technology limitations and subjective user expectations, WonderPix cannot guarantee that the results will fully meet user expectations.
    • If technology limitations prevent WonderPix from fulfilling user requirements, user may request an additional free attempt or refund subject to WonderPix’s Delivery, Return and Refund Policy on this website.
    • WonderPix reserves the right to make the final decision.
  7. Limitation of Liability
    • Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the access or use of the Website or Services to the extent permitted by law. Our aggregate liability shall not exceed the total fees paid by you in the 6-month period immediately preceding the date of any claim.
  8. Indemnity
    • You agree to indemnify, defend and hold harmless WonderPix, its affiliates, subsidiaries, directors, officers, employees, agents, licensors and business partners from and against all losses, expenses, damages, and costs arising out of or relating to: (a) your access or use of the Services; (b) your breach of these Terms; (c) your violation of any law or third party rights; or (d) your User Content. We reserve the right to defend ourselves in any action brought against us by you.
  9. User Content License
    • By posting or publishing User Content to the Website or Services, you grant WonderPix a worldwide, perpetual, non-exclusive, royalty-free license to access, download, store, cache, reproduce, display, distribute, broadcast, and otherwise use your User Content in order to provide and improve the Services. This license shall survive any termination of these Terms or your use of the Services.
  10. Account Termination
    • We reserve the right to terminate your access to or use of the Services and Website at any time without notice or cause, except as may be required by law. Upon termination of your access for any reason, we may delete your account information 30 days after the effective date of termination. We will comply with any legal obligations to retain your data or content.
    • We may disable access to your account immediately if you are determined to be in violation of these Terms.
  11. Miscellaneous Provisions
    • These Terms constitute the entire agreement between WonderPix and you regarding the subject matter hereof and supersede any previous agreements or terms.
    • Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
    • You agree that we may provide notices to you regarding the Website and Services by electronic mail, regular mail, or posting notices on the Website.
    • The Website and Services are operated and provided by WonderPix from Hong Kong. We make no representation the Website or Services are appropriate or available for use in jurisdictions outside Hong Kong.
  12. No Waiver
    • No failure or delay to enforce any provision of these Terms shall constitute a waiver thereof or of any other provision.
  13. Conflicts between Terms
    • If any provision of these Terms of Use conflicts with the terms of use of SiuWan Technology Limited, the owner of WonderPix, or with any other agreement between you and SiuWan Technology Limited, these Terms of Use shall prevail and govern to the extent of such conflict. Any conflicting terms in agreements or policies with SiuWan Technology Limited are deemed superseded by these Terms of Use.
  14. Governing Law and Dispute Resolution
    • All clauses in this document shall be governed by the laws of Hong Kong SAR. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Hong Kong SAR.
  15. Translations
    • Some parts of the website have been translated into other languages using a translation software or services. If there is any inconsistency or ambiguity between the English version and the translated version, the English version shall prevail.
    • To ensure clarity and prevent potential misunderstandings arising from translated versions, we provide this document solely in English.
  16. Contact Information
    • If you have any questions or suggestions about this document, please contact us at: WonderPix@siuwan.tech
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