Pose is a social network offering its Users to take a photo in accordance with the provided prompt. (hereinafter the “Application”).
Access to the Application and use of the Services are conditional upon acceptance of and compliance with these Terms. Therefore, by creating a User Account and using the Application you agree to comply with the obligations described in this document.
Because your privacy is of great importance for Pose, please note that we will never sell your data nor use it in a way you are not informed of.
1. Definitions and Interpretation
In these TOU, the following terms have the following meaning:·
“User Account” or “User Profile” refers to the space specific to a User on which he or she can fill in information about himself or herself, view and comment on the Content of other Users, and publishes or her own Content. The User Account is necessarily public and can be consulted by anyone.·
“Content” means photos, videos, published on the Application and/or created through the Application Services;·
“Parties” means Pose and the User;·
“Platform” means the online solution accessible from Pose application available on Apple Store;·
“Portraits” means one of the Services offered by the Application and allowing Users to create a portrait using generative AI;·
“Services” means all the features offered to the User to allow him to create, modify, publish, share his content.·
“User” means any natural person using the Application and its Services.
2. User Account Creation
2.1 Requested Information
In order to use Pose you must create a User Account that will be specific to you. When creating your User Account we will ask you to provide the following information:· a User name;· a password. These elements are essential to use the Application Pose. When creating your User Account, the information provided must correspond to your own identity and must not be false or erroneous. You also agree to keep your User Account password confidential.
2.2 Age Limit and Parental Permission
Pose is open to users over the age of 13 only. If you are under 13, you are not allowed to create a User Account and use the Application. If you are the legal representative of a minor over the age of 13 and you wish to contact us, please send us a message to the following email address: email@example.com
3. Services Description
You may use the Services on your phone through the Pose Mobile Application. The Services allow you to (i) create, publish, share Content, (ii)view other Users' Content (iii) interact with them and (iv) delete your Conten tonce a day.
3.1 (i) Create and Share Your Own Content Under this feature you can:·
Take a photo of you and your surroundings in accordance with the prompt to share it;
Tell your friends an approximate location where you took the photo;·
Choose to share the photo with your friends or publicly;
3.2 (ii) Display Other Users’ Content You may view the Content of other Users when:·
You are friends with the User;·
The Content is shared publicly.
3.3 (iii) Interact With Other Users
You can interact with other Users or with other Users' Content through:·
The commenting interface. ·
The “Search” feature that allows you to search for users via display name;
3.4 (iv) Content Deletion You may choose to remove one piece of Content per day .However, if you wish to remove other Content on the same day, please send us a request to firstname.lastname@example.org.
4. Reporting Illegal or Inappropriate Content
As a hosting company, we are not under a general obligation to monitor the information we store. Nevertheless, if you believe that a Content is illicit or inappropriate, you can report it to us or to the User who is the author by clicking on the “report” tab in the settings of the photo or in the settings of the User Profile. In particular, we invite you to report any Content of a sexual and/or child pornographic nature, calling for hatred, terrorism, violence in general or against a group of people in particular, inciting others to endanger themselves or provoking suicide.
5. User Obligations
Use Pose if you are under 13 years old, or when you are between 13 and 16 years old if your legal representative has not consented to such use;·
Use Pose for advertising or commercial purposes to publish or facilitate the transmission of advertising, commercial solicitations, spam, "chain letters", "pyramid schemes" or to collect information, data or Content about other Users without their permission;·
Tamper or attempt to tamper with the proper working of the Application, interfere with access to the Application or circumvent any measures we may use to block or restrict access to the Services;·
Use the Pose Application in a deceptive, malicious, discriminatory, or otherwise unlawful manner, such as impersonating someone else for personal or commercial purposes;·
Harm or attempt to harm another person or group, including, but not limited to, bullying, harassment, promotion of sexual content, violence, hate speech, dissemination of false information;·
Use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available any Content that may infringe upon the intellectual property rights of others, or the privacy, image, dignity or honor of others, including a deceased person. In this regard, please note that you are solely responsible for the Content you choose to share on the Application, especially when this Content represents other people. We recommend that you always ensure that you have the consent of others to use their image or creations on Pose. We reserve the right, at any time and without notice, to remove or temporarily or permanently suspend access to any Content that is clearly illegal or does not comply with these Terms.
6. User Account Deletion
We reserve the right to suspend or terminate your User Account upon notice from us and without prior notice, for any reason whatsoever, including but not limited to:·
Violation or attempted violation of the Terms and/or applicable law;·
Unexpected technical or security problems; or long periods of inactivity of your account In such a case, you are not allowed to create a new User Account.
7. Intellectual Property
7.1 Intellectual Property and Application Integrity Excluding the Content generated by Users, the Application is the exclusive property of Pose, including its structure, design, interfaces, databases, text, digital content, trademarks, and HTML tags (meta-tags). You may use the Application under a non-exclusive, limited, on-transferable, revocable license, valid worldwide and until the deletion of your User Account, to share your Content and interact with other Users only. Accordingly, you may not reproduce, distribute, reverse engineer, disassemble, decompile or otherwise use the Application or any portion there of in any form whatsoever, except as authorized in writing by us.
It is also forbidden to :
Extracting data by temporary or permanent transfer, or using the Application or its visible databases for commercial or other purposes by making them available to the public in whole or in part and substantially in quantitative or qualitative terms;·
To extract or use in a repeated and systematic way all or part of the visible information of the Application, when such an operation clearly exceeds a normal and private use of the Application;·
Exploit, market or distribute any component of the Application, including but not limited to the visible information of the Application, the databases, the Services, the programs, the source codes, the algorithms, the methods incorporated in the Application;
Use any device or software to interfere or attempt to interfere with the proper working of the Application; or take any action that imposes a disproportionately large load on our infrastructure.
7.2 Intellectual Property and License By using Pose you will create Content of which you may be the author and, if applicable, the owner of the intellectual property rights. When you share Content on the Application you grant Pose and all its Users a free, non-exclusive, 30 (thirty) year, worldwide license in any medium to:
To other Users to reproduce and share the Content on WhatsApp, Facebook, Twitter, SnapChat and Instagram, and more generally any social network or messaging application that may be interfaced with Pose;·
To Pose to host, store, reproduce, modify, adapt, display, publish, edit, distribute and sublicense all or part of the Content for the purpose of providing the Application Services to its Users, and to conduct marketing, communication or commercial promotion activities of Pose.
8. Indemnification, Warranty Exclusion and Liability The Application and its Services are provided “as is”. Consequently, we do not offer you any guarantee concerning them, and in particular concerning:·
The conformity of our Services to your expectations;·
The absence of interruption, errors, security breaches, infringement of the rights of third parties in the operation of the Application Pose;·
In the event that all or part of the provisions of the GTC are deemed illegal, unenforceable or inapplicable by a court decision, the other provisions or agreements shall remain applicable, provided that the general scheme of the contract is not disrupted. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the Parties. This Agreement, together with the PrivacyPolicy, constitutes the entire agreement between the Parties.