Terms of Use
Last updated: 30/03/2020
Welcome to Lowpolynator ("Lowpolynator.com", "Company", "we", "us" or "our").
These Terms of Use (these "Terms") apply to all users and others who download, install, register with, access or use ("Use" and "Users", "you", as applicable) our web site Lowpolynator.com ("Lowpolynator" or "application" or "service").
By using Lowpolynator.com, you agree to these Terms. If you do not agree to these Terms do not Use Lowpolynator.
If you have any questions about these Terms or Lowpolynator, please contact us at support@lowpolynator.com.
Descriptoin of Lowpolynator
Lowpolynator allows you to upload photos onto the application. Subsequently, Lowpolynator's algorithm runs, transforming the photo. You can then share the photos through social media sites or buy higher resolution versions for personal use.
Lowpolynator is owned and operated by Ikkjo AB (registration 559239-6591), a company incorporated under the laws of Sweden.
Eligibility
Age limitation you shall be at least 16 years old in order to Use Lowpolynator. To the extent prohibited by applicable law, we do not allow Use of Lowpolynator by persons younger than 16 years old.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Lowpolynator. You further agree to Use Lowpolynator in compliance with all applicable laws. Lowpolynator is not available to any Users previously prohibited from Using it.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you use Lowpolynator.
User Content
Lowpolynator may allow you and other Users to create, post, store and share content, including messages, text, photos, software and other materials (collectively, "User Content"). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us. Further, we do not claim ownership of any User Content that you post on or through Lowpolynator.
You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content in all media formats and channels now known or later developed, without compensation to you (the "Company License"). When you post or otherwise share your User Content on or through Lowpolynator, you understand that your User Content and any associated information will be visible to the public.
You grant us consent to use the User Content, regardless of whether it includes an individual's name, likeness, voice or persona, sufficient to indicate the individual's identity. By Using Lowpolynator, you agree that your User Content may be used for commercial purposes. You further acknowledge that our use of your User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content stylized by you on or through Lowpolynator or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through Lowpolynator; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, post, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. Although we have no obligation to screen, edit or monitor the User Content, we may delete or remove the User Content at any time and for any reason.
The User Content removed from Lowpolynator may continue to be stored by us, including, without limitation, in order to comply with our certain legal obligations. Lowpolynator is not a backup service and you agree that you will not rely on Lowpolynator for the purposes of the User Content backup or storage. We will not be liable to you for any modification, suspension or discontinuation of Lowpolynator, or the loss of any User Content.
Prohibited Conduct And Content
You will not violate any applicable contract, intellectual property law or any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while using Lowpolynator. You represent, warrant and agree that you will not use Lowpolynator by uploading the User Content or otherwise, or encourage or assist any other party to Use Lowpolynator to:
Engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene or stalking or otherwise objectionable conduct.
Use Lowpolynator in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Lowpolynator or that could damage, disable, overburden or impair the functioning of Lowpolynator in any manner.
Decompile, reverse engineer any aspect of Lowpolynator or do anything that might discover the source code or bypass or circumvent measures employed to prevent or limit your access to any part of Lowpolynator.
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of Lowpolynator that you are not authorized to access.
Develop or Use any third-party applications that interact with Lowpolynator without our prior written consent, including any scripts designed to scrape or extract data from Lowpolynator.
Use Lowpolynator for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share the User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences.
Impersonates, or misrepresents your affiliation with, any person or entity.
Contains any unsolicited promotions, political campaigning, advertising or solicitations.
Contains any private or personal information of a third party without such third party's consent.
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying Lowpolynator, or that may expose us or others to any harm or liability of any type.
We reserve the right, in our discretion and at any time, to remove any User Content from Lowpolynator or suspend or discontinue Lowpolynator, introduce new features or impose limitations on certain features, or restrict access to Lowpolynator.
Limited License; Copyright And Trademark
Lowpolynator and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, "Lowpolynator Content") are owned by us or licensed to us. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to Lowpolynator and the Lowpolynator Content. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Lowpolynator and the Lowpolynator Content for your own personal use ("User License"); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use Lowpolynator or the Lowpolynator Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Lowpolynator Content, except as expressly permitted by us or our licensors; (iii) modify the Lowpolynator Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Lowpolynator or the Lowpolynator Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Lowpolynator or the Lowpolynator Content other than as expressly provided in these Terms. Any Use of Lowpolynator or the Lowpolynator Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lowpolynator Content.
Purchases
If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The images you purchase on Lowpolynator are for personal use only, this means you can use them in in non-commercial scenarios only. For example:
- use the image on your personal web-site or blog,
- print it as a poster to hang it on your wall or
- give as a gift, send the paid for file to a friend or two.
Prohibitions
You cannot resell, lease, license, sub-license or offer our images and content to any third party.
You cannot host or distribute our content to other sites and offering our resources as a separate attachment from any of your work.
You cannot share or publish the content without copyright attributions or author credits. For sharing on social media, please use the sharing buttons and links provided on the website and do not distribute the paid for image.
If you are seeking to use the content in a way that is not covered by the personal use license granted above, please feel free to contact us at support@lowpolynator.com.
Payments
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Refunds Policy
We offer a 14-day refund policy for all images purchased on lowpolynator.com.
However, since we deal with digital goods, we may accept requests for refunds only for the following reasons:
- Irreparable defects with the product.
- You have problems that prevent you from downloading the product.
If you have any questions about our Refunds Policy, please contact us support@lowpolynator.com.
Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Lowpolynator (collectively, "Feedback"), is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User uploaded the User Content within Lowpolynator that infringes any copyright that you own or control, or infringes copyright of any other person that you may know, you may request removal of that User Content (or access to it) from Lowpolynator by submitting a written notification to our copyright agent designated below. Such written notice ("Take-down Notice") must include substantially the following:
A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on Lowpolynator, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on Lowpolynator.
Information reasonably sufficient to permit us to contact you, such as your name, postal address, telephone number and if available, email address.
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 the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact our copyright agent by emailing to: support@lowpolynator.com
If you fail to comply with the above requirements the Take-down Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that any material or activity within Lowpolynator is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys' fees).
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, "Company Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (i) your Use of Lowpolynator; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with Lowpolynator. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defence or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Disclaimers
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to Lowpolynator.
Your Use of Lowpolynator is at your sole risk. Lowpolynator is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Lowpolynator is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of Lowpolynator safe, we cannot and do not represent or warrant that Lowpolynator or its servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Lowpolynator.
Limitation Of Liability
The Company and the other Company Parties will not be liable to you under any theory of liability ' whether based in contract, tort, negligence, strict liability, warranty, or otherwise ' for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Lowpolynator, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Lowpolynator.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law.
Release
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties.
Transfer And Processing Data
Transfer and storage of information about you, whilst you Use Lowpolynator, is governed by our Privacy Policy.
Law and Jurisdiction
If a dispute arises between you and Lowpolynator, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Sweden.
Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Sweden.
Changes To These Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to Lowpolynator.com and update the "Updated date" above. Your continued use of Lowpolynator will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop using Lowpolynator.
Electronic Communications
By Using Lowpolynator, you also consent to receive electronic communications from us (e.g., via email or by posting notices on Lowpolynator). These communications may include notices about you (e.g., payment authorizations, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.
Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
These Terms constitute the entire agreement between you and us relating to your Use of Lowpolynator. The failure of us to exercise or enforce any right or provision of these Terms will 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. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.
