Terms and Conditions
Please read these Terms of Use (“Terms”, “Terms and Conditions”) carefully before using the Photo Vault mobile application (the “Service”) operated by SmartMoveVN JSC (“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.
1.1 Registering Your Account
In order to access certain features of the Photo Vault, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Application (“Account”).
1.2 Registration Data
In registering for the Service, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least sixteen (16) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the SecretPhoto Properties by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or SecretPhoto has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SecretPhoto has the right to suspend or terminate your Account and refuse any and all current or future use of the SecretPhoto Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. SecretPhoto reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the SecretPhoto Properties if you have been previously removed by SecretPhoto, or if you have been previously banned from the Service.
1.3 Activities Under Your Account
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Keepsafe immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.
1.4 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the SecretPhoto Properties, including but not limited to, a mobile device that is suitable to connect with and use the SecretPhoto Properties, in cases where the Service offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the SecretPhoto Properties.
2.1 Types of Content
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Photo Vault, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Keepsafe, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Photo Vault (“Your Content”).
As a condition of use, you agree not to use the SecretPhoto Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) to take any action or (b) Make Available any Content on or through the Website and the Service that: (i) infringes or violates any patent, trademark, trade secret, copyright, contractual right, right of publicity or other right of any person or entity; (ii) violates any acceptable use or other information technology policy that may apply to your use of any computer system or network; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) involves commercial activities and/or sales without SecretPhoto’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including any employee or representative of SecretPhoto; or (vii) is inappropriate in any other manner that SecretPhoto determines in its sole, reasonable discretion.
4.1 General Purpose of Terms: Sale of Service, not Software
The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Keepsafe’s Software or Application, and, furthermore, any use of SecretPhoto’s Software or Application by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.
4.2 Payment
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. SecretPhoto collects payments through a limited number of payment services (“Payment Provider”). You must provide SecretPhoto with valid account information for the respective chosen Payment Provider. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing SecretPhoto with your payment information, you agree that SecretPhoto is authorized to immediately invoice your Account for all fees and charges due and payable to SecretPhoto hereunder and that no additional notice or consent is required. You agree to immediately notify SecretPhoto of any change in payment credentials for payment hereunder. SecretPhoto reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.
4.3 Service Subscription Fees.
You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select the term of your subscription (each, a “Service Commencement Dat”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and SecretPhoto for the Services until SecretPhoto or the Payment Provider, for example Apple or Google, accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
4.4 Automatic Renewal
Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at SecretPhoto’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least 24 hours prior to the Renewal Commencement Date by logging into and going to the “Manage App Subscriptions” page in the Apple App Store or the “My Apps” page in the Google Play Store app. The same page will permit you to change your Account settings if you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription.If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then- current subscription period. By subscribing, you authorize SecretPhoto to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if SecretPhoto does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that SecretPhoto may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be re-activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
SECRETPHOTO CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SECRETPHOTO PROPERTIES IS AT YOUR SOLE RISK, AND THE SECRETPHOTO PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SECRETPHOTO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.1 Violations
If Secret Photo becomes aware of any possible violations by you of the Terms, Secret Photo reserves the right to investigate such violations. If, as a result of the investigation, Secret Photo believes that criminal activity has occurred, Secret Photo reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Secret Photo is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the Secret Photo Properties, including Your Content, in SecretPhoto’s possession in connection with your use of the Secret Photo Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Secret Photo, its Users or the public, and all enforcement or other government officials, as Secret Photo in its sole discretion believes to be necessary or appropriate.
6.2 Breach.
In the event that SecretPhoto determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, Keepsafe reserves the right to:
(a) Warn you via e-mail (to any e-mail address you have provided to SecretPhoto) that you have violated the Terms;
(b) Delete any of Your Content provided by you or your agent(s) to the SecretPhoto Properties;
(c) Discontinue your registration(s) with the SecretPhoto Properties;
(d) Discontinue your subscription to any Service;
(e) Notify and/or send Your Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
(f) Pursue any other action which SecretPhoto deems to be appropriate.
6.3 No Subsequent Registration
If your registration(s) with or ability to access the SecretPhoto Properties is discontinued by SecretPhoto due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access the SecretPhoto Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those SecretPhoto Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, SecretPhoto reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
7.1 App Stores
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that the Terms are between you and SecretPhoto only, and not with the App Store. SecretPhoto, not the App Store, is solely responsible for the SecretPhoto Properties, including the Application, the contents thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the SecretPhoto Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third- party terms of agreement (e.g., the App Store’s terms and policies) when using the SecretPhoto Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
7.2 Accessing and Download the Application from iTunes
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Terms are concluded between you and SecretPhoto only, and not Apple, and (ii) SecretPhoto, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between SecretPhoto and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SecretPhoto.
(d) You and Keepsafe acknowledge that, as between SecretPhoto and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and SecretPhoto acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between SecretPhoto and Apple, SecretPhoto, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and SecretPhoto acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
(g) Without limiting any other terms of the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
7.3 International Users.
The SecretPhoto Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that SecretPhoto intends to announce such Services or Content in your country. The Photo Vault are controlled and offered by SecretPhoto from its facilities in the United States of America. SecretPhoto makes no representations that SecretPhoto Properties are appropriate or available for use in other locations. Those who access or use the SecretPhoto Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
7.4 Questions, Complaints, and Claims.
If you have any questions, complaints or claims, please contact us at: xteam151618@gmail.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.