By downloading the “Camazing” app you agree to the following terms & conditions. By agreeing to these Terms & Conditions you accept to be bound by the terms and provision of this agreement. Please read them carefully. If you do not agree to be bound by the Terms & Conditions, please do not continue with the registration or login process.

This app is provided by Peakyapps LTD – Izabella House, 24-26 Regents Place, Birmingham, B1 3NJ – Company Number: 14368305. By using this app or by placing any purchase orders using the app or website, you agree with the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit your request. Any violation of the terms will result in termination of your account.

 

Changes to terms and conditions
Peakyapps LTD reserves the right to change or modify any of the terms contained in these terms and conditions, at any time. Any modifications or changes will immediately become effective at your access and use of the app. Your continued access or use of this app will imply your full acceptance. You are therefore responsible for regularly reviewing these Terms & Conditions. 

 

Registration and Subscriptions
By registering with the app you can store your pictures and videos on our secure servers. The registration is bound to a Subscription. The price of the Subscription is related to the amount of storage space that you purchase. Different types of Subscription are available at different prices including for free. You can choose a Subscription and later change by downgrading or upgrading to a different plan. Please refer to Terms and Conditions details shown at the time of purchase in the app’s screen. Subscription plans auto-renew based on the auto-renewal period you choose at the time of purchase. The number of photos and/or videos you can save will be limited to the amount given in each subscription. All photos and videos are stored on our secure servers.

 

Security and Privacy
If you choose “Locked” mode when taking a picture or move an existing picture to any album in the “Locked” area, your file will become confidential and will become accessible only upon verification of your personal credentials, chosen at the time of registration or first use of the app (Security PIN code, biometric access or any other secure method). You are responsible for using the app in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorised account access resulting from your actions, such as not logging out of the account or sharing your account password or credentials. 
We reserve the right to refuse registration or cancel an account at any time. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. When you finish your registration you become a “Member”. Membership is not transferable and cannot be sold or traded. You can find specific details regarding your subscription in the relevant section of the app and this website. When you use our Services, you provide us with things like your name, files, content, email and so on ("Your Stuff"). Your Stuff is your property. These Terms don't give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, email organisation, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuffs. You give us permission to do those things, and this permission extends to trusted third parties we work with. Our Services let you share Your Stuff with others, so please think carefully about what you share and with who.

 

Content and Your Conduct
“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Camazing does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

You agree that you will NOT use the Service to:
a. upload, download, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities) or entity.
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. upload, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware
g. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorised access to, use or monitoring of data or traffic thereon);
h. plan or engage in any illegal activity;
i. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
 
Your Responsibilities
You're responsible for your conduct, Your Stuff and you must comply with our Policy. Content in the Services may be protected by others' intellectual property rights.

We may review your conduct and content for compliance with these Terms and our Policy. With that said, we have no obligation to do so. We aren't responsible for the content people store and share via the Services.

Please keep your password and credentials safe, making sure that others don't have access to them, and keep your account information current.

Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13. If you are between 13 and 18 years old, you are entitled to use the app in Free mode. If you want to need more space and you choose a payment version of the app or the payment upgrade, you parent or an adult will be indicated in the profile and in the account as responsible for your payment. The adult declares to supervise and to be responsible for all the activities of the account. If no adult is indicated, your account will be closed immediately without notice. Remember that it’s a penal fault to create an account for another person without consent.

Payment and delivery
In case of Paid Accounts, your order is not completed without the right payment of the full amount. The payment is provided using a valid credit and/or debit card or by an in-app purchase via the app store used to download the app. You agree not to hold us responsible for banking charges incurred due to payments on your account.

 

Termination
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAKYAPPS LTD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Peakyapps LTD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF THE AMOUNTS PAID BY YOU TO Peakyapps LTD FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some Countries don't allow the types of limitations in this paragraph, so they may not apply to you.

 

Acceptable Use
You are responsible for maintaining the confidentiality of your account, password and content.
You agree that you shall not do or permit any other third parties to do any of the following:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- abuse referrals or promotions to get more storage space than deserved;
- circumvent storage space limits;
- sell the Services unless specifically authorised to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.

 

Warranties and Liabilities
This app and related information is provided by the website on an “as is” and “as available” basis. Peakyapps LTD makes no express or implied warranties, representations or endorsement of any kind, or as to the operation of the app or the information, content, materials, or products included on this app. You expressly agree that the use of this app is at your sole risk. To the full extent permissible by applicable law, Peakyapps LTD disclaims all warranties, express or implied, including without limitation, implied warranties and merchantability and fitness for a particular purpose. Peakyapps LTD does not warrant that this app, website, its server or email sent from the app are free of viruses or other harmful components. Peakyapps LTD will not be liable for any damages for any kind arising from the use of this site, including, but not limited, to direct, indirect, incidental, punitive and consequential damages. Peakyapps LTD uses reasonable efforts to include accurate and up to date information on the app or website. Peakyapps LTD does not assume liability for any typographical or other errors or omissions in the content of this site, any failures, delays, or interruptions in the shipment of boxes, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver boxes of content at our sole discretion. In the event that a product is listed at an incorrect price or with other incorrect information, Peakyapps LTD shall have the right to refuse or cancel any orders placed for the product listed incorrectly. In no event Peakyapps LTD, our shareholders, directors, officers, or employees shall be liable, to you or any third party, for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit Peakyapps LTD’s liability for a) fraud b) death or personal injury caused by its negligence c) liability to the extent the same may not be excluded or limited as a matter of law.

 

Indemnification
You agree to indemnify, defend and hold harmless Peakyapps LTD, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the app or website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the app.

 

Event outside control
Peakyapps LTD will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action;
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. Impossibility of the use of public or private telecommunications networks; and
f. The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

Assignment
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party. 

 

Privacy
Peakyapps LTD collects personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy. 

 

Applicable Law
By visiting the Website, you agree that the laws of the UK, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Peakyapps LTD.

If you have a problem with the app and for this reason you want to settle a claim against Peakyapps LTD, you have to contact us first at our “Office Complaint” email: feedback@camazing.com explaining your reason.

After the complaint procedure, if you are unhappy with the complaint decision and you think that you are a victim of a breach or violation and you go ahead to the Court, any dispute shall be submitted to the exclusive jurisdiction of the Court of UK.
 
Notices
All notices given by you to Peakyapps LTD – Izabella House, 24-26 Regents Place, Birmingham, B1 3NJ – Company Number: 14368305. The Company may give notice to you at either the email or postal address you provide to us when placing an order, or in any other ways specified on the app or website.​