1. ACCEPTANCE OF TERMS
Fancy Art provides the Fancy Art Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Fancy Art Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Fancy Art owned or operated services, you and Fancy Art shall be subject to any posted guidelines or rules applicable to such service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF Fancy Art SERVICE
Fancy Art provides users with a way to create photo collages using photos from their devices and the internet search, as well as stickers, text, GIFs, videos and other media.
You also understand and agree that the Fancy Art Services may include certain communications from Fancy Art, such as service announcements and administrative messages, and that these communications are considered part of Fancy Art. You will be able to opt out of receiving them by disabling push notifications, but you can view them as announcements inside the app itself. You understand and agree that the Fancy Art Services is provided "AS-IS" and that Fancy Art assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Fancy Art Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Fancy Art Services.
3. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Fancy Art, are entirely responsible for all Content that you create, save, email, transmit or otherwise make available via the Fancy Art Services. Fancy Art does not control the Content posted via the Fancy Art Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Fancy Art Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Fancy Art be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Fancy Art Services.
You agree that under the use of Fancy Art Services:
There is no age limitation for using the Fancy Art application.
You may not use the Fancy Art Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you create and save using the Fancy Art Services.
You must not modify, adapt or hack Fancy Art or modify another website so as to falsely imply that it is associated with Fancy Art.
You must not access the Fancy Art private API by any other means other than theFancy Art application itself.
You must not use web URLs in your name without prior written consent from Fancy Art.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of Fancy Art, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You must not interfere with or disrupt the Fancy Art Services or servers or networks connected to the Fancy Art Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Fancy Art Services, including using any device, software or routine to bypass our robot exclusion headers.
4. GENERAL CONDITIONS
We reserve the right to modify or terminate the Fancy Art services for any reason, without notice at any time.
We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Services.
We will honor parents’ requests for deletion of student data. Requests must be made by contacting Fancy Art at 354180766@qq.com.
We acknowledge that student data is not used for commercial purposes.
We acknowledge that data collected through Fancy Art is retained only for education purposes.
5. PROPRIETARY RIGHTS IN CONTENT ON Fancy Art
Fancy Art does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you create using the Fancy Art Services.
You represent and warrant that: (i) you own the Content created by you on or through the Fancy Art Services or otherwise have the right to grant the license set forth in this section, (ii) the creation and use of your Content on or through the Fancy Art Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you create on or through the Fancy Art Services.
The Fancy Art Services contain Content of Fancy Art ("Fancy Art Content"). Fancy Art Content is protected by copyright, trademark, patent, trade secret and other laws, and Cardinal Blue owns and retains all rights in the Fancy Art Content and the Fancy Art Services.
The Fancy Art Services contain Content of Users and other Fancy Art licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Fancy Art Services.
Fancy Art performs technical functions necessary to offer the Fancy Art Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Fancy Art Services.
Although the Site and other Fancy Art Services are normally available, there will be occasions when the Site or other Fancy Art Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Fancy Art. Also, although Fancy Art will normally only delete Content that violates this Agreement, Fancy Art reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Fancy Art in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Fancy Art encourages you to maintain your own backup of your Content. In other words, Fancy Art is not a backup service. Fancy Art will not be liable to you for any modification, suspension, or discontinuation of the Fancy Art, or the loss of any Content.
With respect to Content you submit or make available for inclusion on publicly accessible areas of Fancy Art, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Fancy Art Services solely for the purposes of providing and promoting the specific Fancy Art to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Fancy Art Services and will terminate at the time you remove or Fancy Art removes such Content from the Fancy Art Services.
6. INDEMNITY
As permitted by law, you agree to indemnify and hold Fancy Art and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys'; fees, made by any third party due to or arising out of Content you create, transmit, modify or otherwise make available through the Fancy Art Services, your use of the Fancy Art Services, your connection to the Fancy Art Services, or your violation of any rights of another Terms of Service.
7. TERMINATION
You agree that Fancy Art may, without prior notice, immediately terminate, limit your access to or suspend your Fancy Art account, any associated email address, and access to the Fancy Art Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Fancy Art Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Fancy Art Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Fancy Art's Kids sole discretion and that Fancy Art shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Fancy Art Services.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Fancy Art SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Fancy Art SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Fancy Art AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Fancy Art AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Fancy Art SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Fancy Art SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Fancy Art SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Fancy Art SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Fancy Art SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fancy Art OR THROUGH OR FROM THE Fancy Art SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Fancy Art SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Fancy Art SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Fancy Art SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Fancy Art SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fancy Art AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fancy Art HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Fancy Art SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Fancy Art SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Fancy Art SERVICE.
10. Changes to the terms
Fancy Art may make changes to these Terms from time to time. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Fancy Art Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Fancy Art Websites after the date of publication shall constitute your agreement to the updated Terms.
11. CONTACT US
If you have any questions about these Terms of Use, you can contact us via our email 354180766@qq.com.