protopie.io - Terms of Service

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ProtoPie - Prototype mobile interactions as hands as Pie TERMS OF SERVICE 1. BINDING AGREEMENT These terms (“Terms”) govern your use of Studio XID’s (“Studio XID”) interaction diamond and prototyping platform (our “Service”). Our Service consists of websites, including the website located at www.protopie.io (“Web Apps”), downloadable mobile applications (“Mobile Apps”), and downloadable software and updates thereto (“ProtoPie Software”). If you have entered into flipside try-on with us concerning specific ServiceS or ProtoPie Software, then the terms of that try-on controls where it conflicts with these Terms. By setting up a Studio XID account, by using our Service, by using or downloading ProtoPie Software, or by clicking the “I accept” sawed-off (or its equivalent), you (or the entity or organization on behalf of which you are authorized, in which specimen “you” and “your” will refer to that entity or organization) stipulate to these Terms. If at any point for any reason you do not stipulate to any portion of the then-current version of these Terms, our Privacy Policy, or any other Studio XID policy, rules or codes of self-mastery relating to your use of our Service, your license to use our Service shall immediately terminate and you must stop using our Service and promptly remove any ProtoPie Software installed on your computer. Studio XID offers various services. As a result, spare terms or service requirements may apply.Spareterms will be misogynist with the relevant services, and those spare terms wilt part of your try-on with us if you use those services. If you receive ProtoPie Software from us, the use of such software is governed by any End User LicenseTry-on(“EULA”) presented to you. If no EULA or spare license terms are presented to you, these Terms apply. Unless otherwise set along in these Terms, to the extent these Terms mismatch with any other Studio XID terms, policy, rules or codes of conduct, these Terms shall govern. 2. You must be at least 13 years of age to wangle or use our Service You may only use our Service if you are over 13 years old and are unliable by law to enter into a tightness contract. In any event, if you are under the age of majority in your jurisdiction you are not unliable to use our Service or submit personal information to us. 3. EQUIPMENT You must provide all equipment and software necessary to connect to our Service. You are responsible for all internet fees, data fees, or mobile fees that you incur while accessing our Service. 4. Changes to Terms & Our Service Studio XID reserves the right, at our discretion, to transpiration or modify these Terms at any time. Although it is your responsibility to review these Terms from time to time for any changes, Studio XID will notify you of any revisions to these Terms by posting them at this location, and may provide other notice which may include by email or in-Service notice. If you do not stipulate to the revised Terms, you must stop using our Service. Your unfurled use of our Service pursuit any revision signifies your assent to and visa of the revised Terms. These Terms may not otherwise be amended except in a writing hand signed by you and Studio XID. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature. You stipulate that Studio XID retains the unfettered right to modify any speciality of our Service. You unclose that Studio XID has been, is, and will be constantly making changes to our Service. These changes include modifications to features, functions or skills of any element of our Service. All descriptions, images, references, features, content, specifications, products, and availability and prices of products and services described or depicted on our Service are subject to transpiration any time without notice. 5. License TO USE OUR SERVICE & SOFTWARE Subject to these Terms, Studio XID grants you a non-exclusive, non-transferable, non-sub licensable license when you sign up for an worth and pay any fees, where applicable, to: (i) wangle and use our Service through Web Apps; (ii) download and install Mobile Apps on devices within your possession and tenancy to wangle and use our Service; and (iii) download and install ProtoPie Software on devices within your possession and tenancy to wangle and use our Service; provided ProtoPie Software may only be installed on the number of devices resulting with the number of licenses you have purchased. Use of our Service is limited to your own personal use or internal merchantry purposes. In any event, you may not use any speciality of our Service on a service bureau, time sharing, hosted or other similar basis, without the express written passport of Studio XID. Our Service and its content, features, and functionality are owned by Studio XID, its licensors, or other providers of such material and is protected by copyright and other laws and international treaty provisions. Except for the licenses explicitly granted in these Terms, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in any speciality of our Service, ownership of which is retained by Studio XID and its suppliers, as applicable. Studio XID reserves all rights not expressly granted to you. You stipulate to maintain and reproduce all copyright, proprietary, and other notices in the same form and manner that such copyright and other proprietary notices are included in our Service. PROTOPIE SOFTWARE MAY BE SUBJECT TO OTHER LIMITATIONS, DISCLAIMERS OR WARRANTIES SET FORTH IN AN APPLICABLE EULA. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF SUCH EULA AND THESE TERMS, THE EULA SHALL CONTROL WITH RESPECT TO PROTOPIE SOFTWARE ONLY. PROTOPIE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE APPLICABLE EULA. 6. Violation of Terms You may use our Service only for lawful purposes, in vibrations with these Terms, and only in the manner contemplated by the functionalities of our Service (in Studio XID’s sole judgment). You may not (i) utilize any equipment, device, software, or other ways to (or designed to) circumvent or remove any form of technical protection used by Studio XID in connection with our Service or ProtoPie Software, or (ii) install or wangle our Service or ProtoPie Software with any product code, passport code, serial number, or other copy-protection device not supplied by Studio XID. Without limitation of the generality of the foregoing, you may not utilize any equipment, device, software, or other ways to circumvent or remove any protection measure provided or made misogynist by Studio XID for managing, monitoring or executive installation of or wangle to our Service or ProtoPie Software. Except as expressly authorized in these Terms or unliable by workable law, you may not (i) use, copy, modify, reverse engineer, disassemble, decompile, modify, or transfer any speciality of our Service or ProtoPie Software, or otherwise struggle to derive the source lawmaking thereof; (ii) translate, adapt, arrange, or create derivative works based on, or otherwise modify any speciality of our Service, ProtoPie Software, or any elements thereof for any purpose; (iii) permit any speciality of our Service or ProtoPie Software to be used on a service bureau, time sharing, hosted or other similar basis; or (iv) qualify any third party to do any of the foregoing. Any reproduction or redistribution of any speciality of our Service or ProtoPie Software is expressly prohibited, and may result in severe starchy and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, DEACTIVATE OR TERMINATE USER ACCOUNTS, PROHIBIT ACCESS TO ALL OR ANY PORTION OF OUR SERVICE, DELAY OR REMOVE USER CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT YOU FROM ACCESSING OUR SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR ACCOUNT AS A RESULT OF ACCOUNT SUSPENSION, DEACTIVATION, OR TERMINATION, AS WELL AS ANY BENEFITS, PRIVILEGES AND DATA ASSOCIATED WITH YOUR USE OF OUR SERVICE, AND STUDIO XID IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. 7. Fee-Based Service & Purchases Some aspects of our Service require the payment of fees. If you are required to pay a fee, the specific terms and conditions associated with such service will be included where those services are offered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in vibrations with payment terms in effect at the time the fee becomes payable. Studio XID may, from time to time (and upon notice of required by workable laws), modify, amend, or supplement its fees and fee-billing methods, and such changes shall be constructive immediately upon posting on our Service If you have elected to wangle a paid speciality of our Service, upon your visa of these Terms and submission of your order, you hereby stipulate that we have the right to automatically tuition your credit vellum or debit your worth for the workable fees, plus any workable taxes we are required to collect, and you qualify us to do so. All posted prices on our Service do not include any workable sales tax, unless specifically noted that it is tax-inclusive. You stipulate to pay all fees and workable taxes incurred by you or anyone using an worth registered to you. You may moreover be directed to a webpage that is hosted by a third party payment service and not by Studio XID (such page, the "Payment Service Page"). You will be asked to supply unrepealable information relevant to your purchase. If you are using and providing information through a Payment Service Page, you will be subject to the terms of service and privacy policy of that payment service, rather than these Terms and Studio XID's Privacy Policy. Studio XID has no tenancy over, and shall not be responsible for, any payment service's use of information placid through the Payment Service Page. UNLESS OTHERWISE SPECIFIED IN ANY SUPPLEMENTAL TERMS AND CONDITIONS ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT STUDIO XID IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION WHEN AN ACCOUNT IS SUSPENDED OR DEACTIVATED, OR IF YOU ARE DENIED ACCESS TO OUR SERVICE, WHETHER SUCH SUSPENSION, DEACTIVATION, OR DENIAL WAS VOLUNTARY OR INVOLUNTARY. 8. SUBSCRIPTIONS & TRIALS Unless you have purchased a perpetual or other stock-still term license, subscription periods can be month-to-month, yearly, or flipside duration. You stipulate to pay all workable fees, including automatically charged renewal fees. If you have signed up for a self-ruling trial worth and have provided your payment information, you must cancel your self-ruling trial surpassing the end of your trial period. It is your responsibility to monitor the remaining term of your trial period. If you do not cancel surpassing the end of your trial period, you will be charged without the trial period ends. 9. Registration, User Names & Passwords In order to wangle some features of our Service, you may be required to register an worth with us. When creating or updating an account, you may be asked to provide us with unrepealable personal information, which may include your e-mail write and other information that can be used to identify you. Such information, if provided to us, will be held and used in vibrations with our Privacy Policy. Notwithstanding anything herein to the contrary, you unclose and stipulate that you have no ownership or other property interest in the account, and you remoter unclose and stipulate that all rights in and to the worth are and shall be owned solely and exclusively by Studio XID. You stipulate to (i) provide us with current, well-constructed and well-judged information as prompted by the workable registration form, and (ii) maintain and promptly update the registration data to alimony it true, complete, well-judged and correct. If you provide any information that is untrue, inaccurate, not current or incomplete, Studio XID has the right to suspend or deactivate your worth and refuse you from any and all current and future use of our Service (or any portion thereof). When registering for an account, you will be asked to segregate a password and username (or equivalent). You may not use a username that is used by someone else, is vulgar or otherwise offensive (as unswayable by Studio XID in its sole discretion), infringes any trademark or other rights of others, or is used in any way that violates these Terms. You are entirely responsible for maintaining the confidentiality and security of your worth information (including usernames, passwords and billing information). You are solely responsible for any and all activities, charges and fees that occur under your account. You stipulate to properly exit from your worth at the end of each session. You stipulate to notify Studio XID immediately of any unauthorized use of your worth or any other violate of security (and to provide properly documented vestige as reasonably requested by Studio XID). Studio XID will not be liable for any loss or forfeiture that you may suffer as a result of someone else using your account, either with or without your knowledge. You will be liable for any and all losses incurred by Studio XID and/or any of its licensors due to someone else using your account. You may not use anyone else's worth at any time. Your worth is personal to you and you may not transfer or make your worth misogynist to others. Any distribution by you of your worth or related information may result in suspension or deactivation of your account, and the imposition of spare charges to your worth based on any unauthorized use. 10. USER Content & UNSOLICITED SUBMISSIONSUnrepealableaspects of our Service may indulge users to upload, transmit or post content. Content includes but is not limited to images, videos, texts, sound recordings and fonts. By uploading, transmitting or posting content which is viewable by the public or other users of our Service, including, without limitation, choosing a username, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and exhibit content you upload, transmit or post throughout the world in any media. You moreover hereby grant each user of our Service a non-exclusive license to wangle such content, and to use, reproduce, distribute, exhibit and perform such content, each in the manner contemplated by our Service and these Terms. You remoter represent and warrant that: (i) you own or have the necessary rights (intellectual property rights or otherwise) in and to any and all content you upload, transmit or post (which ways to include content you incorporate into your output) and to enable inclusion and use of such content in the manner contemplated by our Service and these Terms; (ii) that we will not need to obtain any licenses or consents from, or make any payments to, any third party for any use or exploitation of such content as authorized herein, or have any liability to you or any other party as a result of any use or exploitation of such content as authorized herein; (iii) content you upload, transmit or post will not be illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, uniting letters, mass mailings, or any form of “spam;” (iv) content you upload, transmit or post may be copied by other users of our Service (where permitted by the intended functionality of our Service); and (v) if you do not have the right to upload, transmit or post content for such use, it may subject you to liability. Studio XID takes no responsibility and assumes no liability for any content uploaded, transmitted or posted by you or any third party. We have no obligation to monitor such content on our Service and we are not responsible for monitoring our Service for inappropriate or illegal content or self-mastery by other users. However, we retain the right, in our sole discretion, to edit, refuse, or remove any content. We may also, at our discretion, monitor and/or record your interaction with our Service or your communications with Studio XID or other users (including without limitation yack text and voice communications) when you are using our Service We are pleased to hear from you and welcome comments regarding our Service. Unfortunately, however, long-standing visitor policy does not indulge us to winnow or consider creative ideas, suggestions or materials other than those we have specifically requested. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of Studio XID. None of the Unsolicited Submissions shall be subject to any obligation of conviction on the part of Studio XID, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without bounty to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any requirement to a right of credit or approval. The foregoing shall moreover wield to any creative submissions you make at our specific request, unless otherwise well-set in writing. 11. COPYRIGHT NOTICES & COMPLAINTS Studio XID respects the intellectual property of others, and we ask our users to do the same. Studio XID may, in towardly circumstances and at its discretion, disable and/or terminate the finance of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Studio XID's CopyrightWage-earnerthe pursuit information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a unravelment of the copyrighted work or other intellectual property that you requirement has been infringed; a unravelment of where the material that you requirement is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith weighing that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the whilom information in your notice is well-judged and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Studio XID'sWage-earnerfor Notice of claims of copyright or other intellectual property infringement can be reached as follows: Studio XID CopyrightWage-earnerc/o KASAN IP&LAW FIRM 7th Floor, Hanwon Building, 2423, Nambusunhwan-ro, Seocho-gu, Seoul, Republic of Korea Email: legal@protopie.io Phone: (Korea)+82 2 501 6771 Fax: (Korea) +82 2 501 6627 12. ELECTRONIC COMMUNICATIONS When you use our Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices through our Service. You stipulate that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. You unclose and stipulate that: (i) when ProtoPie Software is installed and unfluctuating to the Internet, Studio XID (and/or third parties vicarial on behalf of Studio XID) may automatically collect unrepealable information and data from you including user identifications, product codes, product types, product versions, and your hardware specifications (“Licensee Data”). The Licensee Data is used for purposes of user registration, activation, updating, validating, monitoring installation, providing technical support, and such other purposes reasonably necessary to monitor and maintain ProtoPie Software and provide you with our Service. You hereby consent to Studio XID monitoring, maintaining, using, storing and disclosing such Licensee Data within the telescopic of these Terms; and (ii) unrepealable aspects of our Service require wangle to and use of content and services that are hosted on websites maintained by Studio XID. Accessing such content or services and use of ProtoPie Software will rationalization your computer, without spare notice, to connect automatically to the Internet and to communicate with Studio XID. Installation of ProtoPie Software and wangle to our Service require, and the unfurled use thereof may from time to time require, remote hallmark by Studio XID or vivification codes issued by Studio XID. YOU ACKNOWLEDGE AND AGREE THAT INSTALLATION OF PROTOPIE SOFTWARE AND/OR ACCESS TO OUR SERVICE MAY BE DISABLED BY STUDIO XID PROTECTION MECHANISMS IF YOU TRY TO TRANSFER ALL OR A PART OF PROTOPIE SOFTWARE TO ANOTHER COMPUTER, IF YOU TAMPER WITH THE TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING MECHANISMS ON A COMPUTER OR IN THE PROTOPIE SOFTWARE, IF YOU USE PROTOPIE SOFTWARE PAST THE APPLICABLE LICENSE TERM, OR IF YOU UNDERTAKE CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY OF OUR SERVICE OR PROTOPIE SOFTWARE AND THAT, IN ANY SUCH EVENT, YOUR ACCESS TO OUR SERVICE, TO YOUR WORK PRODUCT AND OTHER DATA MAY BE AFFECTED. 13. LINKS Our Service may contain links to websites operated by third parties. We do not monitor or tenancy the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services misogynist at these sites. If you segregate to wangle any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or misogynist through, the third party site. We reserve the right to disable links from or to third party sites. Your correspondence or dealings with the linked website or service providers are solely between you and such third party, and Studio XID is neither responsible nor liable for any part of such dealings. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties, you are providing it in vibrations with their privacy policy (if any), and our Privacy Policy does not wield with respect to such data provided to the third parties. 14. THIRD-PARTY MERCHANTS & PROVIDERS Our Service may enable you to order and receive products, information and services from third parties that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or translating ordered or received from such businesses are solely between you and such third parties. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your billing information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for our Service. In addition, our Service may prompt you to establish an worth with a third party not owned or operated by us. Your try-on and understanding with any such third party is solely between you and such third party. We will not be a party to or in any way be responsible for your try-on with such third-party. Any disputes you may encounter with such third party shall be settled solely between you and such third party. 15. THIRD PARTY SOFTWARE You unclose that ProtoPie Software may contain copyrighted software of third parties which are obtained under a license from such parties (“Third Party Software”). All third party licensors retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party Software shall be subject to, and you shall comply with, these Terms, and the workable restrictions and other terms and conditions set along in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. 16. TERM & TERMINATION Your right to use our Service and ProtoPie Software are constructive through the end of the workable subscription period, or where a perpetual license is purchased, perpetually, unless older terminated. Upon termination, the licenses granted to you by Studio XID shall cease, you may not be worldly-wise to wangle or retrieve any content associated with your account, and you will promptly remove ProtoPie Software from your device. If you terminate your account, you stipulate that we may alimony your content on our servers for a reasonable time thereafter (for example, to enable you to renew a subscription or reactivate your account, if you so desire). In the event of expiration or termination of your account, the representations made by you in these Terms, and the obligations of each party, which by their nature would protract vastitude the termination or expiration of these Terms, including without limitation the Sections entitled “Term and Termination”, “Disclaimers”, “Limitation of Liability”, “Indemnification”, “Equitable Remedies”, “Disputes”, and Sections 22 through 24 shall survive such expiration or termination. 17. DISCLAIMERS NEITHER STUDIO XID, ITS AFFILIATES, LICENSORS AND THIRD PARTY PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "STUDIO XID PARTIES"), MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT ANY ASPECT OF OUR SERVICE OR PROTOPIE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICE OR PROTOPIE SOFTWARE, OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH OUR SERVICE OR PROTOPIE SOFTWARE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICE OR PROTOPIE SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICE AND ANY CONTENT APPEARING ON OUR SERVICE, INCLUDING USER CONTENT, AND PROTOPIE SOFTWARE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO XID MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICE OR PROTOPIE SOFTWARE. STUDIO XID DISCLAIMS ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. 18. LIMITATION OF LIABILITY IN NO EVENT WILL ANY OF THE STUDIO XID PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY EVEN IF STUDIO XID WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY STUDIO XID PURSUANT TO THESE TERMS, OR IN ANY OTHER WAY CONCERNING OUR SERVICE OR PROTOPIE SOFTWARE IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF OUR SERVICE IN THE 180 DAY PERIOD PRECEDING YOUR CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING OUR SERVICE AND TERMINATE YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH JURISDICTIONS, THE LIABILITY OF THE STUDIO XID PARTIES IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF SUCH STUDIO XID PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. THE STUDIO XID PARTIES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON OUR SERVICES, INCLUDING, WITHOUT LIMITATION, BY ANYONE OTHER THAN AUTHORIZED STUDIO XID EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. 19. Indemnification You stipulate to indemnify and hold Studio XID Parties harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or welling out of your use of our Service or ProtoPie Software in violation of these Terms and/or any violate of your representations and warranties set along whilom and/or if content you Post causes us to be liable to another. 20. Equitable Remedies You unclose that the rights granted and obligations made under these Terms to Studio XID are of a unique and irreplaceable nature, the loss of which shall irreparably harm Studio XID and which cannot be replaced by monetary damages alone. Accordingly, Studio XID shall be entitled to injunctive or other equitable relief (without the obligations of posting any yoke or surety or proof of damages) in the event of any violate or anticipatory violate by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of our Service, exploitation of any razzmatazz or other materials issued in connection therewith, or exploitation of our Service or any content or other material used or displayed through our Service and stipulate to limit your claims to monetary damages (but only to the extent permissible under these Terms). 21. Disputes You are contracting with Studio XID, Inc. located at 610, 22, Seocho-daero 78-gil, Seocho-gu, Seoul, Republic of Korea610, 22, Seocho-daero 78-gil, Seocho-gu, Seoul, Republic of Korea. The laws of the Republic of Korea govern the interpretation of these Terms and wield to claims for violate of these Terms, regardless of mismatch of laws principles. The parties specifically exclude from using to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by workable law, be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country in which you reside. You and we irrevocably consent to the sectional jurisdiction and venue of Seoul Central DistrictMagistratein the Republic of Korea, for all disputes welling out of or relating to these Terms. Any requirement or rationalization of whoopee welling out of or related to use of our Service or these Terms must be filed within 1 year without such requirement or rationalization or whoopee arose regardless of any statutes or law to the contrary. In the event any such requirement or rationalization of whoopee is not filed within such 1 year period, such requirement or rationalization of whoopee are forever barred. For any requirement (excluding claims for injunctive or other equitable relief) where the total value of the ribbon sought is less than $10,000, the party requesting relief shall resolve the dispute in a forfeit constructive manner through tightness non-appearance-based arbitration. The party requesting relief shall initiate such mediation through an established volitional dispute resolution ("ADR") provider mutually well-set upon by the parties. The ADR provider and the parties must comply with the pursuit rules: (a) the mediation shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) all aspects of the mediation shall be conducted in the English language; (c) the mediation shall not involve any personal visitation by the parties or witnesses unless otherwise mutually well-set by the parties; and (d) any judgment on the ribbon rendered by the arbitrator shall be final and may be entered in any magistrate of competent jurisdiction. All claims you bring versus Studio XID must be resolved in vibrations with this Section. All claims filed or brought undisciplined to this Section shall be considered improperly filed. Should you file a requirement undisciplined to this Section, Studio XID shall be entitled to recover attorneys' fees and financing up to $2,000, provided that Studio XID has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. 22. Severability The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner well-expressed the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 23. ENFORCEABILITY, ENTIRE AGREEMENT & NON-WAIVER These Terms are deemed wonted upon any use of our Service. These Terms and any spare terms referenced herein constitute the unshortened try-on between you and Studio XID regarding the use of our Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. 24. ASSIGNMENT You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under these Terms to any person or entity without your consent. 25. FORCE MAJEURE We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of starchy or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 26. Technical &ConsumerSupport Subject to the other provisions of these Terms, Studio XID will struggle to help you with any queries or problems that you may have with our Service, any of your purchases, and any questions well-nigh these Terms generally. To reach our consumer support team, please e-mail us at support@protopie.io. 27. NOTICES We may notify you by posting(s) made within our Service, sending you an e-mail or using other ways of communicating with you based on the contact information you provide to us. Any notice to Studio XID required equal to these Terms must be in writing and addressed to Studio XID Korea, Inc., 610, 22, Seocho-daero 78-gil, Seocho-gu, Seoul, Republic of Korea, unless we have provided a increasingly specific method of notifying us. ProtoPie Gallery Download Pricing Learn Tutorials Basics Connect to Player Import Bridge Cloud Community Facebook Twitter Dribbble Medium Support FAQ Resources Updates Privacy Policy Terms of Service GDPR Language English Chinese © 2017 by Studio XID, Inc. All rights reserved.