Please review our terms in full, but here are two key points:

1. All app and in-app sales are wholly managed by Apple, and we do not have access to your purchase history. Please reach out to Apple Support directly for disputes or refunds.

2. You are not allowed to recreate and sell our products and assets as your own.

Last Updated: April 13, 2023

Welcome to Pink Papaya, the mobile application and website of A Color Story, LLC, (“ACS,” “we,” or “us”). This page explains the terms by which you may use our mobile services, website, and software provided on or in connection with the service (collectively “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Pink Papaya Privacy Policy and Pink Papaya Cookie Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:

• Privacy Policy

• Cookie Policy

Please read this agreement carefully to ensure that you understand each provision.

USE OF OUR SERVICE

Our Service in a Snapshot. ACS operates mobile photography and video editing and enhancement services and media licensing services that empower our users to edit and share their photography and videos. We provide ready-made media and content that is licensable for use in accordance with our various licenses.

• Eligibility. You may use the Service only if you can form a binding contract with ACS, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by their parent or guardian is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by ACS. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

• License to use the Pink Papaya Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. ACS reserves all rights not expressly granted herein in the Service and the Pink Papaya Content (as defined below). ACS may terminate this license at any time for any reason or no reason.

• Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

PINK PAPAYA SUBSCRIPTIONS

Your Pink Papaya subscription gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of subscription for different types of Users (i.e., paid vs unpaid). If you open a Pink Papaya  subscription on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and (c) you agree to this Agreement on the entity’s behalf.

SERVICE RULES

General

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Pink Papaya servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Pink Papaya Content (as defined below), including any Pink Papaya trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Pink Papaya Content; (xiv) using the Service or any Pink Papaya Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Pink Papaya trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Pink Papaya trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of ACS; (xviii) using any Pink Papaya Content to link to the Pink Papaya website without the prior written consent of ACS; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of ACS.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your subscription is terminated for any reason, you must obtain written authorization from ACS prior to establishing another subscription. If you attempt to establish another subscription without obtaining such authorization, ACS may permanently ban you from the Service. You may not have more than one active subscription at any time without the written consent of ACS in each instance.

USER CONTENT

General

Our Service allows Users to upload, edit, and distribute content such as photographs, videos, captions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you use the Service on behalf of an authorized third party, that third party may own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Pink Papaya Media.

Uploading User Content to Pink Papaya

You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content you provide does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. ACS reserves the right, but is not obligated, to reject and/or remove any User Content that ACS believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

1. Your User Content and ACS’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.

2. ACS may exercise limited rights to your User Content to operate the Service and make the Service and its features available to you without liability for payment of any fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

3. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.

4. If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Pink Papaya, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to ACS for the purposes set forth herein.

a. Your User Content is neither obscene, defamatory, or otherwise objectionable.

b. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

c. You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with ACS.

d. If you use the Service to post, publish, or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.

e. You will not engage in pay per click advertising using keywords which compete with ACS’s own campaigns in order to promote your relationship with ACS nor will you use or engage a third party on your behalf to use Pink Papaya in any domain name.

Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, ACS shall send you written notice of such claim, using the email address provided by you to ACS, specifying the details of the claim as then known to ACS. Pending the determination of such claim, ACS may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by ACS.

ACS takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes, or prints using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing, and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

User Content License Grant

You retain ownership of your User Content. However, ACS requires a license to use your User Content for purposes such as, but not limited to, providing the Service to you and allowing you to interface with any third-party app which you connect through the Service, and ensuring the Service is operational and secure.

By uploading User Content to the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to ACS, an irrevocable, non-exclusive, sublicensable, royalty-free and fully paid, license to use, reproduce, modify, publish, distribute, publicly display and perform, prepare derivative works of incorporate into other works, and otherwise use and exploit all such User Content and your name, biographic information, personal characteristics, image, dialogue, voice, and/or likeness as contained in your User Content, in whole or in part, in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, for use and any purpose in connection with operating the Service, including without limitation, for allowing you to access, edit, and share your User Content to linked third-party applications, saving your User Content to your device allowing ACS (and its successors’ and affiliates’) to conduct its business operations, including without limitation, for providing technical and security measures, to ensure the Service is operational, to update and modify the Service, while your subscription is active, and in connection with promotional and marketing materials for the Service. For the avoidance of doubt, User Content does not include Pink Papaya Media.

OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Pink Papaya Media (“Pink Papaya Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ACS and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Pink Papaya Content for any purpose not expressly permitted by this Agreement.

PINK PAPAYA MEDIA LICENSES

General

The Service provides certain functionality that allows you to enhance your visual work (“Pink Papaya Media”). You may create a visual work using only your own User Content, or you may choose to incorporate Pink Papaya Media. You may Export a visual work comprised solely of your own User Content at no cost. However, you may only Export a new visual work comprised in part of any Pink Papaya Media or ACS paid functionality in accordance with the terms of one of the licenses contained in this Section.

License Types

In order to use Papaya Media from the Service, you must license the Pink Papaya Media under one of the licenses provided below. By Exporting any Pink Papaya Media from the Service, you hereby agree to be bound by any applicable terms and pay any fees (where applicable). If you license the Pink Papaya Media for use as a commercial advertisement or marketing program, the licenses granted under the licenses provided below may limit such use by you. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Pink Papaya Media pursuant to any license provided by ACS.

FEEDBACK

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place ACS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ACS does not waive any rights to use similar or related ideas previously known to ACS, or developed by its employees, or obtained from sources other than you.

PAID SERVICES

Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. ACS may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

ACS PROPERTY

Certain aspects of the service may allow you to access tools, features, add-ons, or Pink Papaya Media (“ACS Property”). You understand and agree that regardless of terminology used, ACS Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at ACS’s sole discretion. ACS Property is not redeemable for any sum of money or monetary value from ACS at any time. You acknowledge that you do not own the subscription account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of ACS on ACS servers, including without limitation any data representing or embodying any or all of the ACS Property. You agree that ACS has the absolute right to manage, regulate, control, modify, and/or eliminate ACS Property as it sees fit in its sole discretion, in any general or specific case, and that ACS will have no liability to you based on its exercise of such right. All data on ACS’s servers, including User Content are subject to deletion, alteration, or transfer. ACS is not a file storage service and does not provide you with the ability to store your User Content on the ACS servers beyond that which is required for operating the Service.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, subscription account history, and subscription account content residing on ACS’s servers, may be deleted, altered, moved, or transferred at any time for any reason in ACS’s sole discretion, with or without notice and with no liability of any kind. ACS does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on ACS’s servers.

PRIVACY

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.

SECURITY

ACS cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

DMCA NOTICE

Since we respect artist and content owner rights, it is ACS’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify ACS’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit ACS to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying ACS and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ACS’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, ACS has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. ACS may also at its sole discretion limit access to the Service and/or terminate the subscription accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD-PARTY LINKS

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by ACS. ACS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and ACS’s Privacy Policy do not apply to your use of such sites. You expressly relieve ACS from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ACS shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

INDEMNITY

You agree to defend, indemnify, and hold harmless ACS and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any content that is submitted via your subscription account; or (vi) any other party’s access and use of the Service with your subscription account.

NO WARRANTY

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, 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, or non-infringement. Without limiting the foregoing, ACS, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Pink Papaya Media, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is used at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

ACS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Pink Papaya service or any hyperlinked website or service, and ACS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall ACS, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Pink Papaya Media. Under no circumstances will ACS be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your subscription account or the information contained therein.

To the maximum extent permitted by applicable law, ACS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall ACS, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $10.00.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, ACS shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Pink Papaya Media, or other content, any additions or combinations of User Content or Pink Papaya Media with other content, or the context in which the User Content, Pink Papaya Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ACS has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United States. ACS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

GOVERNING LAW

You agree that: (i) the Service shall be deemed solely based in Missouri; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ACS, either specific or general, in jurisdictions other than Missouri. This Agreement shall be governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Greene County, Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

ARBITRATION

For any dispute with ACS, you agree to first contact us at hello AT pinkpapaya DOT app and attempt to resolve the dispute with us informally. In the unlikely event that ACS has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any ACS claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Greene County, Missouri, unless you and ACS agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and ACS are each waiving the right to a trial by jury or to participate in a class action.

GENERAL

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ACS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Notification Procedures and Changes to the Agreement

ACS may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Entire Agreement/Severability

This Agreement, together with the

• Privacy Policy

• Cookie Policy

any amendments and any additional agreements you may enter into with ACS in connection with the Service, shall constitute the entire agreement between you and ACS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ACS’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

CONTACT

In the event you have any questions concerning these Terms of Use, please contact us at hello AT pinkpapaya DOT app.