Terms of Service
Last updated: Feb. 10 2020
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the NVSUAL Photo and video Editor mobile application (the "Service") operated by NVSUAL INC. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription through the App Store.
At the end of each Billing Cycle, your Subscription on the App Store will automatically renew under the exact same conditions unless you cancel it at least 24 hours before the end of the current period. You may cancel your Subscription renewal through your App Store Account.
Except when required by law, paid Subscription fees are non-refundable through the App Store.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
In addition, Content found on or through this Service are the property of NVSUAL INC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
The Service and its original content, features and functionality are and will remain the exclusive property of NVSUAL INC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NVSUAL INC
You agree to defend, indemnify and hold harmless NVSUAL INC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
NVSUAL INC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The laws of the State of Florida shall govern this Agreement. Any dispute relating in any way to your visit to or use of the Service shall be submitted to confidential arbitration in Miami-Dade County, Florida, except in regards to issues regarding violations of NVSUAL INC. intellectual property rights, for whichNVSUAL INC. may seek relief from any state or federal court of competent jurisdiction in the State of Florida. By using the Service, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniences with respect to venue and jurisdiction in the state and federal courts of the State of Florida. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. In using this Service, you further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of this Service or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Further, by using this Service you agree that NVSUAL INC. remedy at law for any actual or threatened breach of this Agreement would be inadequate. As such, NVSUAL INC. shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that NVSUAL INC. may be entitled to recover, along with reasonable expenses incurred by NVSUAL INC. for any form of dispute resolution, including, without limitation, reasonable attorneys’ fees. No right or remedy ofNVSUAL INC. shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by NVSUAL INC. of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver. No act or omission by or on behalf of NVSUAL INC. is intended to be, nor should be construed as, a waiver of any of its rights, claims, causes of action, or remedies related to this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us. Hello@nvsual.com