Last modified: December 26, 2023
Thank you for choosing CollageMaker !
IMPORTANT: Before you use CollageMaker, we advise you to carefully read and make sure you understand the provisions of this Terms Of Service(the “ToS”), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. CollageMaker is not available to persons under the age of 13, or in certain jurisdictions, under 16(the “Minors”) and we do not knowingly collect information from Minors. If you are between 13(or in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use CollageMaker. If you have any question about this Agreement, or you are unwilling to accept this ToS in whole or in part, please cease using CollageMaker immediately. If you have any questions regarding CollageMaker or wish to provide feedback (including but not limited to, suggestions, and complaints) to us , you can contact us via email at the address provided in the “How to Contact Us”.
This ToS is made between you and CollageMaker Team and its subsidiaries and affiliates (collectively as “Company,” “we,” “us” and “our”). This ToS incorporates the Privacy Policy. This ToS constitutes the entire agreement between you and the company with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations, and communications.
In order to use CollageMaker App or any other products or services by CollageMaker Team, you are required to consent to this ToS and the Privacy Policy. When you downloading the App, or otherwise using the Service, you indicate your agreement to be bound by these ToS. If you do not agree with this ToS, you must not use the Service, and uninstall the App if you have already downloaded it.
We may update this ToS from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this ToS , you must not use or must immediately cease your use of CollageMaker. Because CollageMaker is evolving over time , we my change or discontinue all or any part of CollageMaker at any time and without notice, at our sole and absolute discretion.If you continue to use CollageMaker after we have posted update version of this ToS, you are agreeing to be bound by the updated version of this ToS.
Our Privacy Policy are part of and are governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. If you are unwilling to accept or have any questions related to the Privacy Policy in whole or in part, please do not use or cease using CollageMaker immediately, and you may contact us via email at the address provided in the “How to Contact Us”.
We may modify these ToS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.
Prerequisites and Activation. In order to be able to activate the App, you may need to agree to allow the App to have access to the information and features located on the user’s device, including but not limited to Device and Application History, Identify, Photos and media files, Camera, Microphone, Wi-Fi Connections and Device ID and Call Information.
Prohibited Activities. You agree that,except as expressly permitted in this agreement, you may not:(i) copy, modify, decompile, disassemble, adapt, reverse engineer, or create derivative works based on the App or any portion of the App;(ii)circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any part of the App;(iii)make the functionality of the App available to multiple users through any means.
Our Intellectual Property Rights. The Service and the trademarks, service marks, and logos contained on the Service, are owned by or licensed to us and are subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. The Service is for your information and personal use only and not for commercial exploitation.
We reserve all rights in and to the Service. If you download or print a copy of the Service for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Service.
You agree that the Company will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property rights and those of its licensors including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you.
Service Provided by Third Party. These ToS are between you and the CollageMaker Team and not with any other Parties. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable third party terms and conditions. To the extent that other terms and conditions of the third party are less restrictive than, or otherwise conflict with, these ToS, the more restrictive term will apply.
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. We accept major credit, certain debit cards and/or such other payment methods we make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Service, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount.
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, our payment processing partners may ask you to provide certain personal 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 and processed by the payments partners in accordance with applicable international, national, federal, state, and local laws and regulations.They may also communicate directly with you regarding any issues with a payment.
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 . We will resolve your concern related to In-App Purchase within a reasonable period of time without any further charge.
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.
Our Management of the Service and User Misconduct. (1) 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; (c) 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. (2)Without limiting any other provision of these ToS, 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, but not limitation for breach of any representation, warranty or covenant contained in these ToS, or of any applicable law or regulation.
(1) The Company grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
(2) Each user is prohibited from transferring or assigning the App or these ToS and/or any rights or obligations hereunder without the prior written consent of the Company.
(3) Your rights under this ToS will automatically terminate if you breach any of your material obligations under this ToS.
(4) Promptly after such any termination of this ToS, you will destroy all copies of the App and uninstall the App from your device.
(5) All rights not expressly granted are reserved.
We respect the intellectual property rights of others and expect our users to do the same. It's our policy to respond expeditiously to any notice that content posted on or linked in our Application infringes the copyright rights of others. All claims of copyright infringement will be investigated and appropriate action will be taken, including but not limited to removal of the infringing content and termination of user access, if applicable.
Notifying CollageMaker of a Copyright Complaint. If you believe content on posted on or linked in our Application infringes your copyrighted content, you must provide written notice (a "Takedown Notice") to our DMCA Agent listed below. Such Takedown Notice must include 1) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner,2)Identification of the Content on our website that is claimed to be infringing your copyrighted work, and URLs or similar information sufficient to permit the CollageMaker to locate that content on our Application and services, 3)Information reasonably sufficient to permit the CollageMaker to contact you, including your address, telephone number and email address, 4)A statement that you have a good faith belief that use of the content on our Application in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 5)A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.The above information must be submitted in writing to our Designated Agent via email to collageword.help@gmail.com.
Filing a Counter-Notification. If you believe that the content reported in the copyright notification you received was misidentified or removed in error, you should file a counter-notice and provide us with the information include 1)Your name, address and phone number,2) The web address of the content we removed (copy and paste the link from the notification email), 3)A statement under penalty of perjury that you have a good faith belief that the content was removed in error, 4)A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Pinterest may be found, and that you'll accept service of process from the person who provided the original complaint, 5)A physical or electronic signature (by typing your full name will suffice).
Legal Consequences. Please note that filing a report of intellectual property infringement is a serious matter with legal consequences. Think twice before submitting a claim or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the content was removed in error, and that you understand the repercussions of submitting a false claim.
COLLAGEMAKER IS PROVIDED ON AN“AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHETHER, IMPLIED OR STATUTORY, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL.
WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
Notwithstanding any terms set forth in these ToS, if any of the provisions set forth in Section “Limitation of Liability” above are held unenforceable, void or inapplicable under applicable law, then any such provision shall not apply to you but the rest of these ToS shall remain binding on you and the Company.
In addition, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these ToS, nothing in these ToS is intended to, nor shall it be deemed or construed to, limit any rights available to user under applicable federal or state consumer protection law.
Governing Law. This ToS will in all respects be governed by and construed and enforced in accordance with the laws of the Singapore without regard to its conflict of law provisions.
Dispute Resolution. (1)Initial Dispute Resolution. For any dispute you have with the Company, you agree to first contact us and attempt to resolve the dispute with us informally. Most concerns may be quickly resolved in this manner.We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Please contact us via email at the address provided in the “How to Contact Us”.
(2) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration. All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore.
(3) Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception - Small Claims Court Claims.Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Dispute Resolution” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Notice Regarding Dispute Resolution. These ToS contain provisions that govern how claims you and we may have against each other are resolved, including an agreement and obligation to arbitrate disputes, which, subject to limited exceptions, will require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration as described above. If you do not opt-out of arbitration, you will only be permitted to pursue claims and seek relief (including monetary, injunctive, and declaratory relief) against us on an individual basis, not as part of any class or representative action or proceeding.
The Company may assign this ToS or any of the rights or obligations hereunder and any causes of action arising hereunder to any third party without necessity or obligation of notice to users.
Waivers. The waiver or failure of either party to exercise in any respect any right or provision of these ToS will not be deemed a waiver of the applicable right or provision.
Severability. These ToS will operate to the fullest extent permissible by law. If any provision or part of a provision of these ToS is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
Force Majeure Events. Your use of this App may be affected by force majeure circumstances or other factors, including, but not limited to political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Independent Contractors. Nothing in these ToS shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
If you have any questions about these ToS, please contact us at collageword.help@gmail.com.