The words of which the initial letter or the whole word is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.
Definitions
For the purposes of this document:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Agreement (also referred as "Terms", "Terms of Use" or “Terms of Service”) mean these terms and conditions that form the entire agreement between You and the Company regarding the use of the Service.
Artificial Intelligence (also referred to as “AI”) means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Symmetria Software Ltd (VAT ID FI20410189).
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Intellectual Property Rights means copyrights, trademarks, trade secrets, patents or other proprietary rights
Material mean information, text, software, photos, video, graphics, music, sounds and other material contained in the Service
Service (also referred as “WP Smart Images”) means all websites and services under top level domain “wpsmartimages.com” as well as associated plugins and applications offered by the Company.
You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Related Parties refers to the Company's directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors, and any other individuals or entities involved in the creation, production, or distribution of the Service.
Acknowledgment
This Agreement is the entire agreement between the Company and You with respect to the Service. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the Company waive or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by Your or Company’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
The Service is not directed to minors. Access to and use of the Service is only for those over the legal age of majority (18 in the European Union, except 16 in Scotland). If you are younger than this, you may not register for or use the Service.
Please print and keep a copy of this Agreement. If You do not agree to abide by the terms and conditions of this Agreement, please do not become a user of the Service. Use of the Service constitutes acceptance of this agreement.
Ownership of the Materials
You expressly acknowledge and agree that the Service contains Materials that are protected by Intellectual Property Rights, that these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to these Materials, including but not limited to all Intellectual Property Rights, belong solely and exclusively to the Company.
Artificial Intelligence generated Materials
You expressly acknowledge that some of the Materials in the Service are generated using Artificial Intelligence without human control. Such materials may not be suitable for intended purpose, may contain inappropriate language or information and may contain inaccurate or misleading information. You acknowledge that you are responsible for verifying the accuracy and fitness for the purpose of any Materials You use in connection with the Service.
Use of the Materials
The license granted herein is nonexclusive, revocable, personal to you and nontransferable.
Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of the Company and any other owner of the Intellectual Property Rights in such Materials.
If you reproduce Materials from the Service, as permitted by this Agreement, you must preserve any copyright, trademark or other notices contained in or associated with them. This means, among other things, that if the specific Material you are reproducing does not contain the relevant notices that appear on the website, you must go to the place on the website where such notices appear and copy them into the Materials you are reproducing.
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, transferred, sold, used to create derivative works, performed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of the Company or the respective copyright owner. Service may not be reverse engineered unless specifically authorized by the owner of the Service's patent and/or copyright.
WP Smart Images (TM), WP Smart Images, WP Smart Images.com, the WP Smart Images (TM) logo, the WP Smart Images logo, graphics, and icons in the Service are trademarks, service marks, trade dress, and/or registered trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
Permission is granted to display and download contents of the Service for personal, non-commercial and informational use only; provided that you do not, without the permission of Company or the respective copyright owner, alter the contents to display the contents without the Service’s Copyright notice and these Intellectual Property Guidelines.
Any unauthorized use of intellectual property will terminate the user's subscription and violate applicable law. All violations will be prosecuted and all infringing parties will be pursued to the full extent of the law. If you wish to request permission to reproduce Materials from the website for other than the specifically authorized educational purpose, or if you have any questions about the proper way to include such notices, contact the Company.
Prohibited Uses of the Service
You agree NOT to use the Service for any of the following purposes or activities:
The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
Interference with or disruption to the Service's software or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
To transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
To impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
To cause harm to minors;
To infringe another's patent, trademark, copyright, trade secret, or other intellectual property;
To violate another's privacy;
To violate any applicable laws, statutes or regulations;
To stalk;
To use any robot, spider, or other automatic device, or manual process to monitor or copy Services content without Company’s prior express written permission;
To post a link, address or other contact to any site which is for any of the above purposes; or
To defame another individual or entity.
To create, duplicate or transmit any pornography
Disclaimer of Warranties
THE SERVICE AND ALL INFORMATION, SOFTWARE, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS-IS", "AS-AVAILABLE" BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICE. THE COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You expressly agree that your use of the Service is at your sole risk. The Company do not warrant that the Service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the Service, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the Service. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the Company, employees, reseller or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by the Company for any purpose or give rise to any liability of the Service whatsoever, and you agree that you will not rely on any such statement, information or advice.
Where the Company is a distributor, rather than a publisher, of Materials accessible through the Service, the Company exercises no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the Company or its content providers or licensors. Neither the Company nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is Your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features in the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SERVICE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES THE COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If, notwithstanding the foregoing, the Company were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the Company and the parties described in the next sentence ("Related Parties") exceed, either jointly or severally, the aggregate amount paid by you to the Company in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the Company's directors, officers, shareholders, employees, Affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the Service, and each shall have the right to assert and enforce the provisions directly on their own behalf.
The resources on website's that can be accessed with hypertext links from or using the Service are not maintained by the Company, and the Company is not responsible for the availability or accuracy of such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of the Service.
Indemnification by You
You agree to defend, indemnify and hold harmless the Company and its Related Parties from any claims and expenses, including reasonable attorney's fees, related to any violation of this Agreement by Your use of the Service, or in connection with the placement or transmission by You of any material using the Service except as expressly authorized in this Agreement.
Notices
The Company may give notice to you by electronic mail. Notice by the Company shall be effective on the date that the Company make a good faith effort to reach you. You shall give notice to the Company as stated below. Notice by you shall be effective on the date that the Company actually receives the notice. info [support@wpsmartimages.com].
Privacy Information
By using the Service, you are agreeing that the Company may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the Company.
Payment and Renewal
By selecting an Upgrade you agree to pay the Service fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Additionally, users have the option to make a one-time payment to purchase a specified amount of credits. These credits can be used for services as outlined in the platform.
Unless you notify WP Smart Images before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the account page.
Price Changes. WP Smart Images reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to You or notice shall be provided to You by email.
WP Smart Images will have no obligation to provide a refund of upgrade fees however WP Smart Images provide a 30 day refund policy on all annual subscriptions.
Service’s User Terms
An unlimited number of requests may be made by the user using our services but we reserve the right to block any users who we deem to be using an unfair amount of our server resources or who submit an excessive amount of images in a short period of time.
We reserve the right to delete any free Account that has not been logged into for 6 month or longer.
Contact Information
For further information or support regarding this web site, you are encouraged to contact the owners at info [support@wpsmartimages.com].
Miscellaneous
This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone.
In the event that any provision of this Agreement is held to be invalid or unenforceable, pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
You acknowledge that the Company will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Materials or the website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the Company shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by You or by Your unauthorized use of the Materials or the Service.
Termination of this Agreement
The Company may, in their sole and absolute discretion, and with or without notice, suspend or terminate your access to the Service, or terminate this Agreement and thus your rights to use the Service, for any conduct or use (whether by you or anyone else using your version of the Service) that the Company believe is a violation of this Agreement or for any other conduct or use that the Company believes is harmful to other users or to the website or the interests of the Company.
Governing Law
The laws of Finland shall govern this Agreement and Your use of the Service
