Terms And Condition
The Application provides a platform for the users to interact and the application shall also perform the service of matching people. Pure Air Brush users will go through other user’s profiles on the application and if both parties have signified they would like to be matched then Pure Air Brush will allow chatting to take place. Matching people through technology and other related services provided to You from time to time by the use of the Application shall collectively be referred to as "Service". Company may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. The Company reserves the right to discontinue any aspect of the Service or all the Services at any time. In doing so, Company will endeavour to notify users 7 days prior to such provisioning or withdrawal of services. However, nothing herein imposes any legal obligation on the Company to notify users of such provisioning or withdrawal.
- Registration Data and Privacy
- Use of Application and Services.
- Proprietary Rights.
- User Information.
- Links to Third-Party Web Applications / Dealings with Advertisers and Sponsors.
- Security and Password
- Disclaimer of Warranty.
- Limitation of Liability.
- Communication and Privacy.
- Term and Termination.
- General Provisions.
- Copyright Notice.
- Revision Date.
- Minimum Age: You must be at least 18 years old to use the Application. By using the Services, you represent and warrant that you are at least 18 years old.
- Criminal History: By requesting to use, registering to use, and/or using the Application or Services, you understand that the Company does not conduct any criminal background checks or screening of its members and is not liable for any consequence arising out of contacting any user, whether on Application or off-Application.
Registration Data and Privacy
- To use Pure Air Brush you will be required to register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including name, age, profile photo, statuses, interests, and friends list. ("Registration Data") By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Use of Application and Services.
As a user of the Application or a user registered to use any of the Services (a "Registered User"), you agree to the following:
- Exclusive Personal Use : Your account is for your personal use only and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service. You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium or authorise others to use your account or assign or otherwise transfer your account to any other person or entity without the Company's prior written authorization. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. You will not attempt to reverse engineer, alter or modify any part of the Service ;
- Geographic Limitations : You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in the jurisdiction where you reside, you may not use the Services.
- Information Submitted : You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services.
- Risk Assumption and Precautions: You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating as well as marriage. You agree to take all necessary precautions when meeting individuals through the Services.
- No Guarantees : You understand that the Company makes no guarantees whatsoever, either express or implied. The Company may not be able to provide matches for everyone seeking to use its services. Further, the Company makes no guarantees as to the number or frequency of matches through the Services or to such matches’ ability, desire or criteria to communicate with any user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site or Services or as to the conduct of such individuals.
- Reporting of Violations : You will promptly report to the Company any violation of the Agreement by others.
- Content Removal : The Company reserves the right, but has no obligation, to monitor the information or material you submit or post to the Services. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or regulation, either in letter or in spirit of this Agreement, or upon the request of any third party. Further, the Company reserves the right to remove any content from this Application upon a request by any legal authority without notice to the content owner/supplier either prior to such removal or thereafter.
- Posting and Communication Restrictions : You agree that you will not post anywhere on the Application, transmit to other users, communicate any content (or links thereto), or otherwise display, upload, modify, publish, update, share any information, or engage in any activity on the Application or through the Services, that:
- Belongs to another person and to which you do not have any right;
- Is grossly harmful, harassing, defamatory, libellous, deceptive, fraudulent, inaccurate, disparaging, hateful, racially or ethnically objectionable, blasphemous, or promotes bigotry or physical harm;
- Is intended to or tends to abuse, harass, annoy, threaten or intimidate any other users of the Application or Services;
- Is obscene, profane, offensive, pornographic, paedophilic, or otherwise objectionable; Is unlawful, abusive or tortuous ;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
- Relates to, solicits, or encourages money laundering or gambling;
- Is invasive of another person’s privacy;
- Infringes any patent, trademark, copyright or other proprietary rights including others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first, as well as video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian), or circumvents copy-protect devices;
- Deceives or misleads the addressee about the origin of any message or communicates any information which is grossly offensive or menacing in nature;
- Impersonates another person, or otherwise misrepresents affiliation, connection or association with, any person or entity, or obtain others’ identity information;
- Disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- Collects or solicits personal information about anyone under 18; or
- Intended to defraud, swindle or deceive other users of the Services;
- Promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- Contains software viruses, trojan horses, worms, malware of any sort, or other harmful, or disruptive codes, components or devices or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Uses scripts, bots or other automated technology to access the Application or Services;
- Uses the Application or Services for chain letter, junk mail or spam e-mails;
- Is in any way used for or in connection with spamming, spimming, phishing, phreaking, trolling, or similar activities;
- Promotes or enables illegal or unlawful activities in any manner whatever;
- Is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ use and enjoyment of the Application;
- Threatens public order, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting to any nation.
- No False Information : You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly update such information or notify the Company of such change.
- No Advertising or Commercial Solicitation : You will not advertise or solicit any user to buy or sell any products or services through the Application or Services. You will not transmit any chain letters, junk, spam e-mail, or malware to other users. Further, you will not use any information obtained from the Application in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to the Company, but that the amount of such harm would be extremely difficult to ascertain, therefore, as a reasonable estimation of such harm, you agree to pay the Company a minimum amount of INR 10,000 for each such unsolicited communication you send through the Services.
- Unique and Bona Fide Profile : As a Registered User of the Application, you will create only one unique profile. In addition, your use of the Application and Service must be for bona fide dating/social networking purposes only, in order to maintain the integrity of the Application.
- Selection of Profiles : From time to time, your profile may be displayed to introduce you to specific compatible matches. You will be under no obligation to respond, communicate or to meet with the match(es) we may introduce to you.
- No Commercial Use : No information acquired for the Application is to be used for any commercial purpose. Specifically, information acquired from the Application shall not be used for publication, collection, preparing assimilated data, conducting surveys or the like.
- No Harassment of Company Employees or Agents : You will not harass, annoy, intimidate or threaten any Company employee or agent engaged in providing any portion of the Services to you.
- Ownership of Proprietary Information : You hereby acknowledge and agree that the Company is the owner of highly valuable copyrighted material, trademarks, trade dress, trade name and other proprietary information, methods, processes and procedures (hereinafter referred to as "Confidential Information"). The Company owns and hereby retains all proprietary rights in the Services and the Application, including but not limited to, all Confidential Information. Such Confidential Information does not include any personal information that has been submitted by the Users.
- No Use of Confidential Information : You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, trade dress, trade name or other proprietary information accessible on the Application or via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information : Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any such post or third party proprietary information available via the Services or the Application.
- License to Posted Content : By posting information or content to any profile pages or public area of the Application, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, fully-paid, sub-licensable, transferable, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
- Additional features/programs : From time to time, we may create, test or implement new features or programs on the Application in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- Web Analytics : We may monitor the Application performance from time to time and in this regard collect Application usage reports, advertisement banner statistics like impressions, click through rate, user demographic reports, usage reports, and other functions. Your use of the Application or Services indicates your consent to such monitoring, collection, possession, and use of such information and statistics.
- Disclosure By Law : You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process; (2) verify the identity, prevent, detect, investigate, prosecute, and punish offences where the Government agency has stated in writing that the information obtained shall not be published or shared with any other person; (2) protect or defend the Company’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
- Use of Anonymous Information for Research : By using the Services, you agree to allow the Company to anonymously use the information from you and your experiences through the Application and the Services to execute and implement and researches the Company may seek to undertake to improve the Services and user experience. Such research, conducted by accredited individuals or entities may be published. However, all of your responses will be anonymous, and the Company shall not publish research containing your personal identifying information.
- Legal Compliance : The Company, upon receipt of information pertaining to any violation of this Agreement, or upon obtaining knowledge by itself, or, being brought to actual knowledge by an affected person in writing or through email signed with electronic signature, shall, within thirty six hours and where applicable, work with user or owner of such information, to disable such information that is in contravention of this Agreement or the laws of the country. Further, the Company shall preserve such information and associated records for at least ninety days for investigation. When required by lawful order, the Company shall provide information or assistance to Government Agencies who are lawfully authorised to collect such information. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution of cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
- Reporting of Violations : Company shall report cyber security incidents and also share cyber security incidents related information with the related government authorities/bodies.
Links to Third-Party Web Applications / Dealings with Advertisers and Sponsors
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
Disclaimer of Warranty
- No Warranties : THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALTHOUGH COMPANY ATTEMPTS TO PROVIDE USERS WITH AN ENJOYABLE AND ENRICHING EXPERIENCE THROUGH THE USE OF THE APPLICATION, COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO GUARANTEE OR WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND 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 AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE/APPLICATION.
- Third Party Content : Opinions, advice, statements, offers, or other information or content made available through the Services/Application, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON ANY INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Features : From time to time, the Company may offer new features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
- Incidental Damages and Aggregate Liability: IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN RELATION TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMMES, SERVICE INTERRUPTIONS, AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY SORT OF DAMAGES WHATSOEVER.
- No Liability for non-Company Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATION WITH THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, HURT, EMOTIONAL HARM OR DISTRESS, MONETARY OR SOCIAL LOSS OR INJURY, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, ASSOCIATIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS CLAUSE INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification : At its option, the Company and its contractors may verify any information that users have provided. However, none of these ways are foolproof or perfect, and you agree that the Company and its contractors will have no liability to you arising from any non-verification or incorrectly verified information.
- Use : WE MAKE NO REPRESENTATION THAT MATERIALS ON THIS APPLICATION ARE APPROPRIATE FOR ALL USERS. IF THE CONTENT IS ILLEGAL IN THE COUNTRY OF THE USER, THE CONTENT IS THEN PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS APPLICATION DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. ANY OFFER FOR ANY PRODUCT, SERVICE, AND/OR INFORMATION MADE IN CONNECTION WITH THIS APPLICATION IS VOID WHERE PROHIBITED.
You agree to indemnify, defend and hold harmless the Company, its promoters, officers, directors, employees, agents and third parties, for any injury, losses, costs, liabilities and expenses (including legal expenses) relating to or arising out of (a) your use of or inability to use the Application or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Also, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. By signing up for the services, you grant us express consent to contact you via mail or telephone.
Term and Termination
- Intellectual Property Rights : The design of the Pure Air Brush Service along with Pure Air Brush created text, scripts, graphics, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by the Company. The Service is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
- Applicable Law and Jurisdiction : You agree that laws of Singapore (without giving effect to conflicts of law principles) will govern this Agreement, the Application and the Services. Any dispute arising out of or in relation to this Agreement, the Application or the Services will be subject to the exclusive jurisdiction and venue of the courts of Singapore. You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to, preliminary injunctions and permanent injunctions, damages without the necessity of depositing any amount as security in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of this Agreement.
- Grievances, Claims and Disputes : In case of any claim, dispute, or controversy, between you and the Company, the parties shall try and amicably resolve the dispute or controversy. You shall approach the Company with such grievance or claim and the Company will endeavour to address such issue. In the event the parties fail to resolve the issue between themselves, the parties shall jointly appoint a mediator or a legal practitioner to mediate such issue. In the event of arbitration, the arbitration would be governed by the provisions of the company. Parties would together agree on an arbitrator, and the venue of the arbitration shall be determined. The cost of the arbitration shall be borne by both the parties equally. The Award so made shall be final and binding on both the parties.
- Legal Proceedings : No promoter, director, officer, or employee shall be impleaded as a party to any litigation or legal proceedings instituted against the Company.
- Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service
- The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
- If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any law or regulation to the contrary, any claim or cause of action arising out of or related to the use of the Application or this Agreement must be filed within six (6) months after such claim or cause of action arose or be forever time-barred.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Application, please notify the Company with the following information:
- Identification of the copyrighted work that you claim is being infringed;
- Relation between you and the copyrighted work (eg, owner, agent, assignee, etc.)
- Identification of the infringing work on the Application (URL);
- Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and/or e-mail address.
(Only Copyright related notices will be accepted at this email address; all other inquiries or requests will be disregarded)
This Agreement was last revised on Nov 13, 2014 Copyright © Pure Air Brush. All Rights Reserved. Pure Air Brush is the sole proprietor of the mark Pure Air Brush in all its forms. Other trademarks and brands are the property of their respective owners.