TERMS OF SERVICE

Welcome to Part™, an interactive photo filter and social utility for capturing and sharing images. The Part™ app, website, services and network (collectively “the Services” or “Part™”) are operated by MEA Mobile Ltd (“we,” “our,” or “us”). Please read this Agreement carefully (“Agreement” or “Terms of Use”).

By accessing or usin g any of the Services (including without limitation the Part™ mobile app or our website including the mobile version thereof), you signify that you have read, understand and agree to be bound by these Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services.

We reserve the right, at our sole discretion and without notice, to change, modify, add, or delete these Terms of Use in whole or in party, at any time. Any such changes to these Terms of Use will be posted on this page. Your continued use of any of the Services constitutes your acceptance of the new Terms of Use, and it is your responsibility to check to determine if there have been changes to these Terms of Use. The latest Terms of Use can be accessed here: www.madewithpart.com/terms

You are solely responsible for your obligations under these Terms of Use and the consequences of any violation or breach of those terms (including any loss or damage that we may suffer).

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

Eligibility

While the Part™ app is rated 4+, the social and community aspects of the Services are recommended for users that are 18 or older. Users under the age of 18 should seek parental guidance before using the Services and agreeing to these Terms or Use. Access and use of the Services to those under 13 is unauthorized and in violation of these terms. By using the Services you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the Terms of Use.

Enabling Services

The Services are enabled by a number of third party services including without limitation Twitter and Facebook. By agreeing to these Terms of Use you also agree to the terms and conditions of those third party services. Some of the Services include services available via your mobile phone. You are responsible for any fees charged by your mobile carrier. We also use third parties to host and provide the underlying technology required to provide the Services who may have access to your data in order to provide the services, and may be based outside your country of residence.

Contributing and Consuming Content

We may remove any content which may not be suitable for children under the age of 18 or which (in our opinion) is otherwise offensive, indecent, inaccurate, objectionable, or otherwise inappropriate or which is otherwise in violation of these Terms of Use. By using the Services you may be exposed to content of this nature. The Services must not be used for any illegal activity. You agree that that you use the Services at your sole risk and that we shall not have any liability or be held responsible for such content and that you may well be exposed to such materials.

When you contribute content, we make it publicly available and that may include the location where your content was captured. You should take care as to the nature of your content before sharing it, especially if it is personal to you or others. Part™ takes no responsibility for any kind of harm or loss that may come to you or others as a direct or indirect result of the use of the Services.

When you contribute content you warrant that you own such content and that you have not uploaded copyrighted materials or any materials which are in breach of third party intellectual property rights. Part™ accepts no liability for any content which is breach of any intellectual property rights.

Content that you access via the Services may be subject to third party intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on content (either in whole or in part) accessible via the Services, unless you have been specifically told, in a separate written agreement, that you may do so by us or by the owners of the content.

Notwithstanding any other term of this Agreement, we have the right (though not the obligation) to, at our sole discretion (i) refuse or remove any content that, in our opinion, violates any of our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason.

Intellectual Property

By contributing content through the Services you grant us a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sub-license and transfer) to use, copy, process, modify, publish and distribute such content in any media or distribution methods (now known or later developed). We may, for example (and without limitation), use your content in order to provide the Services, and as a part of promotional materials for the Services.

The Part™ name and logos, and the Services are the exclusive property of MEA Mobile Ltd. Our trademarks whether or not registered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing relating to the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our intellectual property without our express prior written consent.

Termination

We may terminate your use of the Services with or without cause at any time and effective immediately, without notice. We shall not be liable to you or third party for termination of use of the Services.

Privacy

We take the private nature of your personal information very seriously.

Depending on the way that you use the Services, it will often require that we gather personally-identifying information. The nature and amount of the information that we gather, depends on how you use the Services. For example, when you join the Part™ community and share content with that community, we will store your username, video content, your email address, the content that you are sharing and other personal information. We only collect such information as is required or appropriate to fulfill your interaction with the Services. We won’t disclose personally-identifying information other than as described below.

In addition to the information that you share directly with us, we may also collect non-personally-identifying information, such as (without limitation) the browser type, language preference, referring site, and the date and time of each visitor request. We use this information to better understand the how people use the Services, and from time-to-time we may publish or release non-personally-identifying information in aggregate. Sometimes we will also collect potentially personally-identifying information such as Internet Protocol addresses. We don’t use that information to identify users, however, and will not disclose such information, other than as described below.

We disclose personally identifying and potentially personally identifying information to those employees, contractors and affiliated organizations that need to know the information in order to process it and/or assist in providing the Services, and provided that they have agreed not to disclose it other than subject to the same requirements of confidentiality. Those employees, contractors and affiliated organisations may be located outside your country of residence. By using the Services, you consent to us transferring such information to them. Additionally, we may chose to buy or sell assets. This will typically involve transferring user information from us to another business. If our business or the majority of our assets are acquired, or we merge with another business, or in the unlikely event that we go out of business or enter bankruptcy, user information would be transferred to a third party. You acknowledge that such transfers may occur, and that any purchaser may continue to use your personally and non-personally identifying information only as set forth in this policy. We may also disclose personally and non-personally identifying information if required by law. Otherwise, we will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

If you provided your email addresses, as a part of registration or otherwise, we may email you from time-to-time. We will always let you opt out at the time of such communication.

We take all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

Indemnity and Other Obligations

You agree to indemnify MEA Mobile Ltd, its directors, contractors, subsidiaries, officers, licensors, affiliates and employees, against all claims and expenses, including costs and attorneys' fees, made by any third party arising out of your contribution to or access of Content or use of the Services, your violation of these Terms of Use, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

You agree not to damage, disable, automate, release computer viruses, mine information about other users, modify, hack, or otherwise interfere with or impair the normal operation of the Services. You must not decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of Part™ Trademarks.

Warranties and Disclaimer of Warranties

We make no warranties or representations about the availability of the Services, and do not make any undertaking or accept any liability relating to the Services. Any use or reliance on the Services or any content accessed through it is at your own risk. We do not warrant that any content is accurate or reliable in any sense. The Services are provided on an “as is” and “as available” basis, and you use them at your sole risk. Without limitation, Part™ makes no warranty that the Services will meet your requirements, that they will be error-free, secure, uninterrupted, timely, that the results will be accurate or reliable, or that the quality of the Services and Content will meet your expectations. Use Part™ at your own risk. Please note that no advice or information obtained by you from our personnel or through the Services shall create any representation, warranty or guarantee not expressly provided for in these Terms of Use.

You represent and warrant that (i) your use of the Services will be in strict accordance with the these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Limitation of Liability

In no event shall MEA Mobile Ltd, its directors, officers, shareholders, employees or members be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (ii) the cost of procurement or substitute products or services; (iii) damages for loss of use, profits, data, images, User Content or other intangibles; (iv) damages for unauthorized use, non-performance of the Services, errors or omissions; or (v) damages related to downloading or posting content.

The failure of MEA Mobile Ltd to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

General

Both you and we agree that these Terms of Use will be interpreted in accordance with the laws of New Zealand. MEA Mobile Ltd is a New Zealand registered company. If you need to contact us, you can do so at http://www.meamobile.com/contact/