Terms and Conditions of Use

Last updated: July, 2019

Preamble

Please read through these Terms and Conditions of Use (hereinafter, the "Terms") carefully before requesting demo of Picaas service (https://picaas.io, hereinafter, the "Service") operated by IKala Interactive Media Inc. ("us", "we", or "our"), a Taiwan corporation having its principal place of business at 10F, No.41, Dongxing Rd., Taipei City 110, Taiwan R.O.C..

Your request of the Service demo is conditioned upon your acceptance of and compliance with th3se 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 wh3h any part of the Terms, please stop visiting, accessing, or using the Service immediately.

1. Subscription Policy

By requesting a demo and submitting your email address on the Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

For more detail, please refer to Picaas Privacy Policy.

2. Availability

iKala constantly updates the Service. There may be delays in updating information on the Service and in our advertising on other web sites. The information found on the Service and advertisements may contain errors or inaccuracies and may not be complete or current. Information regarding the Service may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service and advertisements.

We, therefore, reserve the right to change or update information and to correct errors, ih3ccuracies, or omissions at any time without prior notice.

3. Server

You acknowledge the Service is an online image processing SaaS tool constructed on Google Cloud Platform (hereinafter “GCP”). Before requesting a demo, please read through Google Cloud Platform Terms of Service at https://cloud.google.com/terms/.

4. Content

To request the Service demo you will have to upload and otherwise make available certain information, images, pictures, 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 uploading Content on or through the Service, you represent and warrant that: (i) the Ch3tent 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 uploading of your Content on or through the Service does not violate any applicable law and does not infringe any privacy right, publicity right, copyright, contract right or any other rights of any person or entity. We reserve the right to arbitrarily, unilaterally terminate Service to anyone found violating laws or infringing other’s right.

You retain all of your rights to any Content, including but not limited to copyrights or oh3er intellectual property rights, and it is your sole responsibility 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. However, by uploading Content using the Service you grant us the right and license, but not obligation to monitor, process, edit, modify, display, reproduce, replicate, store and distribute such Content to meet the purpose of the Service or to comply with applicable laws and/or Terms.

5. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content uploaded on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the ch3yrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@ikala.tv, with the subject line: "Reporting Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed.

6. Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of IKala Interactive Media 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 service without the prior written consent of IKala Interactive Media Inc.

7. Indemnification

You agree to defend, indemnify and hold harmless IKala Interactive Media 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 identity and email; b) a breach of these Terms, or c) Content posted on the Service.

8. Limitation of Liability

IN NO EVENT SHALL IKALA INTERACTIVE MEDIA INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Disclaimer

YOUR ACCESS TO OR 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.

IKALA INTERACTIVE MEDIA INC., ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT Wh3RANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

10. Governing Law & Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Taiwan, without regard to its conflict of law provisions. Each party irrevocably submits to the exclusive venue and jurisdiction of Taiwan Taipei District Court in any action, suit or proceeding arising out of or relating to this Terms.

11. No Waiver, Severability & Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us via email at contact@ikala.tv.