DESCRIPTION OF SERVICES
Seca Creative operates mobile photo template editing services that allow our users to edit their photos by inputting them into templates. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with Seca Creative, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
Seca Creative apps are offered and available to users who are 13 years of age or older, unless directly supervised by a parent or guardian. Furthermore, you must be at least 18 years of age to use any Paid Services or any other portion of the Services that requires you to make any payment unless under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such. By using Seca Creative apps, you represent and warrant that you are of legal age to form a binding contract with Seca Creative and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Seca Creative apps.
The Service may not be available to any Users previously removed from the Service by Seca Creative. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
SECA CREATIVE ACCOUNTS
Your Seca Creative account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users (i.e., paid vs unpaid). If you open a Seca Creative account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and (c) you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without their permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Seca Creative immediately of any breach of security or unauthorized use of your account. Seca Creative will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Seca Creative your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Certain parts of our Services may be subject to payments now or in the future (the “Premium Services”). The StyleFlow App allows you to make In App Purchases. In case there is a payment, it is collected by Apple. We may also offer subscriptions which will be paid via Apple.
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You must be an authorized entity to use this payment method.
A StyleFlow App yearly or monthly subscription enables access to all template packs.
After the 7 day free trial, the subscription automatically renews for $29.99 USD per year. The renewal will happen automatically unless subscription is canceled 24 hours before the end of the free trial. If you cancel before the free trial ends, the remainder of the trial period will be forfeited. Payment will be charged to your Apple ID used to subscribe for a free trial. You can manage your subscription by going to your account settings in your iPhone.
If you choose our monthly subscription option, the subscription renews automatically for $4.99 USD per month. The renewal will happen automatically unless subscription is canceled 24 hours before the end of the current period. Payment will be charged to your Apple ID used to subscribe for a free trial. You can manage your subscription by going to your account settings in your iPhone.
You can terminate your use of the Service and otherwise manage your account using the App.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT). If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
No refunds are offered for any products or services offered via the App.
All sales are wholly managed by Apple or Google, and we do not have access to your purchase history. Please reach out to Apple Support directly for disputes or refunds.
ACCESSING SECA CREATIVE APPS, ACCOUNT SECURITY, RESTRICTIONS
Seca Creative reserves the right to withdraw or amend Seca Creative apps, and any service or material provided on Seca Creative apps, in Seca Creative’s sole discretion without notice. Seca Creative will not be liable if for any reason all or any part of Seca Creative apps is unavailable at any time or for any period. From time to time, Seca Creative may restrict access to some parts of Seca Creative apps, or the entire Seca Creative Platform, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to Seca Creative apps.
If you choose, or are provided with, a user name, password or any other piece of information as part of Seca Creative security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Seca Creative Platform or portions of it using your username, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Seca Creative immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a username that Seca Creative in its sole discretion deems offensive.
We are not and will not be responsible or liable for any failure in the App or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to StyleFlow app; (ii) failures in any telecommunications, network or other service or equipment outside of The Company’s facilities; or (iii) any force majeure or other cause beyond The Company’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).
We may impose certain limits on the use of the Services, including usage limits for different Service plans, including without limitation the amount of Customer Data that may be stored, features that may be accessed, number of users, or other rate or usage limitations at any time in our sole discretion.
License to use the Seca Creative Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Seca Creative reserves all rights not expressly granted herein in the Service and the Seca Creative Content. Seca Creative may terminate this license at any time for any reason or no reason. Additional terms may apply for any content that you download from the Service. Any such additional terms will be made available to you prior to initiating any applicable download.
License Restrictions. You shall not:
Copy the Apps, except as expressly permitted by this license;
Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Apps;
Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof;
Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Apps, including any copy thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Apps or any features or functionality of the Apps, to any third party for any reason, including by making the Apps available on a network where it is capable of being accessed by more than one device at any time; or
Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Apps.
(c) Reservation of Rights. You acknowledge and agree that the Apps is provided under license, and not sold, to you. You do not acquire any ownership interest in the Apps under this Agreement, or any other rights thereto other than to use the Apps in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Seca Creative and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Apps, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Seca Creative (“Seca Creative Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Seca Creative and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Seca Creative Content for any purpose not expressly permitted by this Agreement.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate Seca Creative, a Seca Creative employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Seca Creative apps, or which, as determined by Seca Creative, may harm Seca Creative or users of Seca Creative apps or expose them to liability.
Additionally, you agree not to:
Use Seca Creative apps in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Seca Creative apps, including their ability to engage in real time activities through Seca Creative apps.
Use any robot, spider or other automatic device, process or means to access Seca Creative apps for any purpose, including monitoring or copying any of the material on Seca Creative apps.
Use any manual process to monitor or copy any of the material on Seca Creative apps or for any other unauthorized purpose without Seca Creative’s prior written consent.
Use any device, software or routine that interferes with the proper working of Seca Creative apps.
To engage in fraudulent behavior towards any Seca Creative partner or third-party data source
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Seca Creative apps, the server on which Seca Creative apps is stored, or any server, computer or database connected to Seca Creative apps.
Attack Seca Creative apps via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of Seca Creative apps.
MONITORING AND ENFORCEMENT; TERMINATION
Without limiting the foregoing, Seca Creative has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Seca Creative to disclose the identity or other information of anyone posting any materials on or through Seca Creative apps. YOU WAIVE AND HOLD HARMLESS Seca Creative AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, Seca Creative cannot and does not undertake to review all material before it is saved, downloaded or posted on Seca Creative apps and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Seca Creative assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Seca Creative has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (the “Content Standards”) apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by Seca Creative or any other person or entity, if this is not the case.
RELIANCE ON INFORMATION POSTED
The information presented on or through Seca Creative apps is made available solely for general information purposes. Seca Creative does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Seca Creative disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Seca Creative apps, or by anyone who may be informed of any of its contents.
The Seca Creative Platform includes content provided by third parties, including materials provided by other users, restaurants, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Seca Creative, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Seca Creative. Seca Creative is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Seca Creative may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Seca Creative has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Apps will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
THIRD PARTY MATERIALS
The Seca Creative Platform may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Seca Creative is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Seca Creative does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third party’s terms and conditions.
CHANGES TO SECA CREATIVE APPS
Seca Creative may update the content on Seca Creative apps from time to time, but its content is not necessarily complete or up to date. Any of the material on Seca Creative apps may be out of date at any given time, and Seca Creative is under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO SECA CREATIVE APPS
LINKING TO SECA CREATIVE’S APP’S AND SOCIAL MEDIA FEATURES
You may link to Seca Creative’s homepage, provided you do so in a way that is fair and legal and does not damage Seca Creative’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Seca Creative’s part without Seca Creative’s express written consent.
The Seca Creative Platform may provide certain social media features that enable you to:
Link from your own or certain third-party Seca Creative Platforms to certain content on Seca Creative apps.
Send e-mails or other communications with certain content, or links to certain content, on Seca Creative apps.
Cause limited portions of content on Seca Creative apps to be displayed or appear to be displayed on your own or certain third-party Seca Creative Platforms.
You may use these features solely as they are provided by Seca Creative, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Seca Creative provides with respect to such features. Subject to the foregoing, you must not:
Establish a link from any Seca Creative Platform that is not owned by you.
Cause Seca Creative apps or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of Seca Creative apps other than the homepage.
You agree to cooperate with Seca Creative in causing any unauthorized framing or linking immediately to cease. Seca Creative reserves the right to withdraw linking permission without notice.
Seca Creative may disable all or any social media features and any links at any time without notice in Seca Creative’s discretion.
Links from Seca Creative apps
If Seca Creative apps may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Seca Creative has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Seca Creative Platforms linked to this Seca Creative Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Seca Creative Platforms.
The owner of Seca Creative apps, Seca Creative, is based in the Province of British Columbia in Canada. Seca Creative provides Seca Creative apps for use only by persons located in Canada and the United States. Seca Creative makes no claims that Seca Creative apps or any of its content is accessible or appropriate outside of Canada or the United States. Access to Seca Creative apps may not be legal by certain persons or in certain countries. If you access Seca Creative apps from outside Canada or the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that Seca Creative cannot and does not guarantee or warrant that files available for downloading from the internet or Seca Creative apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Seca Creative apps for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, SECA CREATIVE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SECA CREATIVE PLATFORM, INCLUDING THE APP AND ANY software, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SECA CREATIVE PLATFORM, INCLUDING THE APP, ITS CONTENT AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM, IS AT YOUR OWN RISK. THE SECA CREATIVE PLATFORM, INCLUDING THE APP, ITS CONTENT AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SECA CREATIVE NOR ANY PERSON ASSOCIATED WITH SECA CREATIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SECA CREATIVE PLATFORM, INCLUDING THE APP OR ANY CONTENT, SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SECA CREATIVE NOR ANYONE ASSOCIATED WITH SECA CREATIVE REPRESENTS OR WARRANTS THAT THE SECA CREATIVE PLATFORM, INCLUDING THE APP, ITS CONTENT OR ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SECA CREATIVE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SECA CREATIVE PLATFORM OR ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
To the fullest extent provided by law, SECA CREATIVE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SECA CREATIVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SECA CREATIVE PLATFORM, INCLUDING THE APPS, AND ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SECA CREATIVE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING THE APPS AND ANY SOFTWARE, SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE SECA CREATIVE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR AGREEMENT TO THE TERMS