Terms of Use

Agreement

All guest visitors and users on our Site and Services shall consent to these terms and services for using photo editing tools or any other feature on DesignCap/Services. Clicking I Agree, Sign Up, Subscribe, Download, or related syntaxes on any page of this website or interface of your device, when prompted to, shall be deemed as your explicit consent to enter a binding agreement with PearlMountain Limited consisting of these terms of use (Agreement).

When you enter this Agreement, it shall be deemed that you are legally mature in your jurisdiction and otherwise competent to enter into a binding agreement, and if you are not, using DesignCap or our Site and Services under the guidance and supervision of your legal guardians who shall consent to these terms and conditions. If you are less than 13 years of age, you are not allowed to use the Services. All activities on the Site and Services without consenting to this Agreement shall be deemed as unauthorized access.

When you enter this Agreement on behalf of any business or entity, it shall be deemed that you have all the rights and authorizations to enter a binding agreement on behalf of the business or entity, and if you lack sufficient authority, take your personal responsibility to discharge all your liabilities and obligations that may arise from in relation to your use of the Services, disclosure of third party content, or other unauthorized activities on DesignCap.

The Agreement shall apply in its entirety. You may either accept or refuse these terms and conditions. You are not allowed to redefine the provisions of this agreement unless any such modification is agreed by PearlMountain Limited in writing. If any provision of this Agreement becomes inconsistent with the applicable laws, the affected provisions shall remain unenforceable to the extent of such inconsistency with the applicable laws which shall prevail over this Agreement.

PearlMountain Limited reserves a right to determine the process, procedures, policies, and guidelines for using DesignCap or any other feature on the Site and Services. All such processes, procedures, policies, and guidelines, including the Contributor Agreement and Privacy Policy, shall be deemed as incorporated into this Agreement by reference. However, the support staff and other representatives are not authorized to make any claims or representations which have been specifically mentioned in this Agreement.

The basic version of DesignCap will be free and voluntary, but you may be required to register and create an account on DesignCap for using certain features on the Site and Services. PearlMountain Limited reserves a right to restrict any feature or aspect of the Service for paid subscribers or users who fulfill certain conditions for using the Site and Services. Access to DesignCap or other conditions for using the Site and Services may differ across countries and we may create an entirely different level of access to the Services through DesignCap paid plans, which will be available on a recurring (monthly or annual) subscription basis.

The Services shall be available to the users across the world, but it shall be your responsibility to ensure that the Site and Services are available in your jurisdiction and you can use DesignCap without violating any laws, regulations, or embargos for being located in any restricted country or listed in any governmental list of prohibited entities.

PearlMountain Limited reserves a right to add, modify, impose conditions, suspend, discontinue, or permanently remove any feature or aspect of the Service at its sole discretion and without any obligations, whatsoever. We do not guarantee that any template, graphics, or other features will be available in the future, regardless of your subscription to DesignCap paid plans.

All notices, disclosures, communications, and information related to this Agreement or your use of the Site and Services shall preferably take place through electronic delivery and deemed as written communications. You shall consent to receive all such communications to your registered email address or mobile device and the dispatched emails or displayed messages shall satisfy any legal requirement of written communication. Such electronic notices and messages shall be deemed as received on their confirmed dispatch.

Registration/Subscription

Access to the Site and Services will be free and voluntary, but only registered and subscribed users may access our advanced graphic designing tools and other premium features on the Site and Services.

When you register and create an account on DesignCap/Site, you may be required to submit your name, contact number, email address, and other details of your personal, professional, or business profile. The users of DesignCap paid plans will also be required to provide their credit card number, active PayPal account or other payment instruments available on the Services. All personal information that you provide or we receive from third-party service providers will be handled by our Privacy Policy which is being incorporated into this Agreement by reference. Please follow this link to understand how we protect your personal information on the Site and Services.

When you submit any information or content on the Site and Services, it shall be deemed that submitted content is true, accurate, reliable, complete, and current to your knowledge. Creating a fake account or submitting inaccurate, incomplete, or fabricated information shall be deemed as a material breach of this agreement.

Your registration request, DesignCap account, and the use of the Site and Services shall be subject to the screening, approval, and satisfaction of PearlMountain Limited. We reserve a right to refuse, restrict, suspend, or terminate your account at any time and without any obligations, whatsoever.

When you create an account on our Site and Services, it shall be your obligation to maintain the security of your device and confidentiality of your login information. You shall be liable for all activities on your account. If you suspect any unauthorized access or activities on your account, promptly review the security of your device/account and inform our support executives to prevent or minimize your liabilities from such unauthorized access or misuse of your credentials.

You can upgrade to DesignCap paid plans at any time by choosing a monthly or annual plan and enjoy certain premium features exclusively available in the paid version of the App. Once your plan is over and you do not raise a cancellation request before that, your payment instrument will be charged for the selected subscription term regularly.

When you register and create an account on the Site and Services, it shall be deemed as your consent to subscribe to our notification and newsletter services. PearlMountain Limited will send useful information at your registered email address to improve your experience on DesignCap and keep you informed about new features and graphic designing tools. However, you can revoke your consent to receive newsletters at any time, but this will not prevent PearlMountain Limited from sending notifications regarding your account status, changes in terms and policies, billing, and your use of the Services.

Acceptable Use

Our Site and Services, including DesignCap, shall be used for lawful purposes only. You are not allowed to make any graphic design or make it publicly available if the contained images are banned/prohibited in your jurisdiction or against our policy as described in this Agreement. For example, you are not allowed to post, process, or transmit images that depict cruelty, hatred, pornography, or a call to join terrorist organizations. We hold good faith that you will follow the applicable laws and regulations in your jurisdiction. The following activities, but not limited to, shall be strictly prohibited on our Site and Services:

• Creating fake accounts impersonating others, misrepresenting an affiliation with PearlMountain Limited or any other person/entity, providing false, fabricated, misleading or deceptive information, or engaging in activities that amount to fraud, suspicious, or potentially illegal activities, or misuse of our services to harm the minors in any manner.
• Using spiders, robots, aggregation tools, automatic devices, or manual processes to access, copy, extract, download, or retrieve any information, picture, collage, database, compilation, collection, directory, source codes, scripts, algorithms, business methodology, or systems being used on our Site and Services. You are not allowed to exploit the content on DesignCap or the Site and Services for reselling, redistributing, operating a similar business, or otherwise using for any commercial purpose.
• Posting, sharing, or otherwise transmitting videos or materials that contain viruses or malicious codes designed to edit, modify, hack, crawl, or collect our database/resources, gain access to otherwise restricted areas, or harm the computer systems of other users on the Site and Services. You are not allowed to use any tool or technology to affect the normal functioning of DesignCap, compromise the privacy of other users, or induce them to follow any link to the pornographic or malicious page.
• Sending unsolicited messages or spamming our users with marketing messages, statements, testimonials, or other biased content.
• Posting, sharing, or otherwise transmitting any picture, collage, or content that infringe upon the copyrights, patents, intellectual property, trademarks, service marks, trade secrets, or other proprietary rights of PearlMountain Limited or its collaborating partners, users, or other third parties.
• Posting, sharing, or otherwise transmitting any picture or content that has been banned or prohibited from supporting any cause, ideology, action, or entity. You should never use our Site and Services in violation of any local, state, national or international laws.
• Engaging in activities that negatively affect our reputation or prevent others from using our Site and Services. You shall never do anything to interfere, undermine, or compromise the integrity of other user's device or gain unauthorized access to their account.
• Launching a denial of service attack, increasing load on our resources, or using any tool or technology to disobey/circumvent any security procedure, or probe, scan or test the vulnerability of any system/network with or without any intentions to cause harm, interfere with our network, or disrupt the Services being offered on DesignCap.
• Using any tool or technique to access otherwise restricted areas of the Site and Services, or attempting to modify, recompile, reformat, reconstruct, republish, reproduce, transfer or redistribute any database, compilation, collection, directory, application content that may be required for creating a derivative work or launching a similar service.

Pricing and Payment

All prices, promotions, and special offers on the Site and Services shall be subject to change at any time. PearlMountain Limited reserves a right to modify the subscription fees for using DesignCap paid plans or other premium features on the Site and Services, without any obligations, liabilities, or prior notice.

You can opt for a monthly or annual subscription of DesignCap paid plans. The applicable subscription will be charged regularly unless you make a cancellation request at least 48 hours before your subscription renewal date. If you raise a cancellation request within 48 hours of your subscription renewal date, your payment instrument may be charged for the next subscription term possibly.

PearlMountain Limited reserves a right to add or remove any payment instrument at its sole discretion. Only payment instruments available on the Site and Services shall be used for making a transaction. However, the use of stolen or unauthorized payment instruments is strictly prohibited and shall be deemed as a material breach of this agreement. We may collaborate with any e-commerce solution provider, payment processor, payment gateway, credit screening service, or other third parties for verifying your payment instruments and authenticating transactions on the Site and Services. PearlMountain Limited reserves a right to may refuse any transaction at its sole discretion.

You shall ensure that you are fully authorized to use your credit card/payment instrument and your registered payment instrument has sufficient funds to process your transactions. If you registered payment instrument is no longer valid or cannot be charged automatically, it shall be your responsibility to manually renew your subscription. PearlMountain Limited shall not be liable for any claims, damages, liabilities, or expenses that may arise from your inability to renew your DesignCap paid plans or fees, charges, or penalties imposed by your payment instrument provider for insufficient funds or exceeding your credit limits.

Copyrights and Trademarks

All content on DesignCap or our Site and Services, including but not limited to icons, logos, trademarks, service marks, artworks, special effects, collages, graphics, designs, texts, images, photographs, audio or video clips, descriptions, presentations, database, directory, compilations, applications, services, service names, selection, arrangement, titles, and contained intellectual property are exclusive or non-exclusive properties of PearlMountain Limited, fully protected under the copyright, trademark, and other relevant laws of Hong Kong, China, and related international conventions. All rights otherwise not claimed DesignCap or the Site and Services shall belong to PearlMountain Limited. Copyright © 2020 PearlMountain Limited. All rights reserved.

You are not allowed to copy, alter, adapt, imitate, or modify the logos, trademarks, service marks, slogans, or other proprietary information related to any product or service being featured on our Site and Services without a prior written consent from PearlMountain Limited or other copyright/trademark owners as the case may be. You should also refrain from using DesignCap, DesignCap paid plans, or other product or service trade names in any metatags or other hidden texts. Please acknowledge that the look and feel of the Site, including but not limited to page headers, icons, graphics, scripts, trademarks, service marks, or other trade dress of DesignCap or other products and services belong to PearlMountain Limited or their respective owners and should not be copied, imitated, or used without proper authorization. You should always respect the logos, trademark, service marks, and product, service, or company names of our collaborating partners and other third party business entities on the Site and Services.

Limited License

PearlMountain Limited grants a limited, non-exclusive, non-sublicensable, and revocable license to all users/subscriber on DesignCap. You may access or download collages templates, graphic design or photo editing tools, and other shared content for personal and non-commercial use, but nothing in this end-user license shall grant you any rights, whether by implications, stopples, or otherwise, to use any extraction, aggregation, or systematic tool, program, algorithm, or methodology (including deep-links, page scrape, robots, spiders) for copying, collecting, publishing, displaying, reselling, or distributing the materials on the Site and Services, modifying or creating derivative works, accessing, acquiring, downloading, monitoring, or commercially exploiting any content that you are not authorized to, or using the Site and Services in such a manner that causes depletion of resources or pertains to unauthorized, illegal, or misuse of DesignCap.

This limited license to use the Site and Services will govern any upgrades that replace or supplement the Services unless such upgrades require a separate license. The granted license shall be subject to the following restrictions:

• Reproduction of any copyrighted material or content shall be strictly prohibited unless you own the copyrights or duly authorized/legally permitted to reproduce the content.
• Except otherwise permitted under the applicable laws, the license shall be used in accordance with this Agreement.
• Reproduction, display or use of any copyrighted material or content that is being owned by PearlMountain Limited, its Licensors, collaborating partners, or other third party service providers (PearlMountain Content) shall be limited to your personal use and the extent required for reproduction and display of your content, PearlMountain Content (except the App), or the use of the Site and Services.
• PearlMountain Content shall be used, reproduced, or displayed in connection with your works that incorporate significant/substantial changes to PearlMountain Content.
• The works that incorporate significant/substantial changes to PearlMountain Content must include an acknowledgment that PearlMountain and its Licensors retain the ownership of contained intellectual property and the work has been produced under the license of PearlMountain Limited.

PearlMountain Limited reserves a right to terminate or revoke this limited license at any time.

Copyright Infringement

We hold a good faith that our contributors and users will never infringe or violate any third party right. However, under some circumstances, we cannot decide whether their uploaded content is a case of plagiarism and we make no promise that any and all contents on DesignCap site shall not infringe any third party intellectual or proprietary rights. If you feel that your copyrights, patents, intellectual property, or other proprietary rights on DesignCap or the Site and Services have been violated, you may file a notification of such infringements with our designated agent or directly submit your claim via email to support#designcap.com (replace # with @).

All such notices shall comply with the copyright ordinance of Hong Kong, China or similar legislation in your jurisdiction for filing claims of copyright infringement. Your copyright infringement notice must include:

• Your name, contact number, email address, or sufficient contact information so that we may contact you when required.
• The location of infringing content on our Site and Services. In the case of multiple infringements, a list of an alleged infringement of copyrighted works and their respective location on the Site and Services. The description of your copyrighted work and the location details shall be sufficient so that we can locate the alleged infringement or infringing activities, and prevent access or remove the content when justified.
• Your physical/electronic signature as the copyrights owner or duly authorized representative of the copyright owner/s.
• Your statement that you have a good faith to believe that infringement has occurred and the use of alleged material or activity has not been authorized by the copyright owner, its representatives, or the applicable laws of the respective jurisdiction.
• Your statement under the penalty of perjury, that you are the rightful owner of the infringed copyright, patent, intellectual property, or other proprietary rights, or duly authorized to represent such owner/s.

Once we receive your complaint, we will notify the respective contributor or user by electronic mail or take other reasonable efforts to inform such contributor or user about your claim of copyright infringement. Subject to the applicable laws, PearlMountain Limited reserves a right prevent access to or remove infringing content in its sole discretion. If the contributor or user files a counter notice, we may restore the restricted/suspended content or activity when it's technically possible or practically feasible to do so. However, if the copyright owner or its authorized representative initiates legal proceedings and we are informed about such proceedings, no restoration of suspended or removed content will take place until the issue is finally resolved by the court.

PearlMountain Limited reserves a right to terminate the account of repeat infringers at its sole discretion. Please acknowledge that we may restrict, suspend, or terminate the account of any contributor or user who infringes upon third party rights, fail to comply with the applicable laws, or engage in unlawful activities, regardless of their first or repeated instances.

User Generated Content

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, images, video, fonts, messages or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”).

The Content you submit, post, or display may be able to be viewed by other users of the Services and on third party services and websites where you have shared the Product. You should only provide Content that you are comfortable sharing with others under these Terms. DesignCap bears no responsibility for maintaining the confidentiality of confidential information entered into designs by users, even if the information entered into the designs is designated as “private”, “unpublished”, or “confidential”.

We provide many choices about the collection, use and sharing of your data, including deleting or correcting data you include in your profile, and controlling the visibility of your content.

We do not intend to censor your photos or other content on our Site and Services. You can freely post, share, or transmit your raw photos, collages, graphics, edited pictures, or related views, reviews, comments, feedbacks, and suggestions (collectively User Generated Content) on social media or other public platforms provided that such user generated content adheres to the rules and policies set forth in this section.

Please acknowledge that these rules, regulations, policies, and guidelines do not create any third party rights or claims of action, and shall be enforced by PearlMountain Limited at its sole discretion. We may monitor and review user-generated content on the Site and Services but should have no obligations regarding such monitoring. Any and all corrective measures will take place only when we believe or become aware of any infringement of third party rights, non-compliance of the applicable laws or breach of this Agreement.

When you post, publish, share, or otherwise transmit your raw photos, collages, graphics, artworks, edited pictures, and/or related views, reviews, comments, feedbacks, suggestions, or any other content on the Site and Services:

• You own the content and uploading the content is not likely to infringe any third party rights, including their copyrights, patents, intellectual property, or rights of privacy or publicity. You shall be solely liable for what you post, publish, share, or transmit on/through DesignCap. PearlMountain Limited shall not be liable for any claims, damages, liabilities, costs, or consequences in relation to your submitted content or use of any user generated content posted, published, transmitted, or otherwise made available on the Site and Services.
• You will always retain the ownership rights to your content, but PearlMountain Limited shall be entitled to a non-exclusive yet perpetual, irrevocable, sub-licensable, royalty-free, and worldwide license to all user generated content that you have made publicly available. It shall be your responsibility to ensure that you have all the rights and authorizations to grant this license and entitle PearlMountain Limited to adapt, modify, translate, reproduce, create derivative works, publish, perform, display, distribute, or use such user generated content for promoting its business, marketing or commercially exploiting such public content for commercial purposes, or exercising the rights granted in this Terms of Use. Please acknowledge that tagged names (the names you submit) to any image shall be deemed as non-confidential information that can be used or disseminated by PearlMountain Limited or its collaborating partners.
• You warrant that submitted user generated content is not defamatory, offensive, threatening, abusive, harassing, infringing, pornographic, or otherwise inappropriate. All violations of third party rights and misuse of the DesignCap for pornographic content, including but not limited to pedophilia, incest, bestiality, child pornography, or other forms of pornography will be reported to the relevant law enforcement agencies at the sole discretion of PearlMountain Limited.
• You warrant that submitted user generated content is not designed/intended for raising sentiments or promoting hatred against any individual or groups based on religion, race, ethnicity, gender, age, sexual orientation, or other sensitive grounds.
• You warrant that posted, published, or transmitted user generated content is not designed/intended to impersonate any third party or entity, obtain personal information of other users (phishing attempts), or induce them to follow any malicious links to attacking pages.
• You warrant that posted, published, or transmitted user generated content does not reveal anything that you are not authorized to share under any contractual obligations or intellectual property laws.
• You warrant that posted, published, or transmitted user generated content is not intended to spread viruses, malware, malicious codes, scripts, or any program or application that may damage/hamper the functionality of our Site and Services or harm the devices of other users.
• You warrant that posted, published, or transmitted user generated content does not contain any private, personal, or confidential information of others, dangerous, illegal, or banned content, or any content that you are not duly authorized to disclose. You give your explicit consent that you will never edit, modify, falsify, or delete any author attributions, proprietary designations, or other copyright/legal notices regarding the origin or source of user generated content that is accessed, downloaded, posted, published, distributed, or disseminated on our Site and Services.
• You will comply with all rules, regulations, process, procedures, policies, and guidelines that have been incorporated into this agreement by reference. You will never breach or violate any local, state, federal, or international laws related to the Services being offered or made available on DesignCap, including the laws related to data transmissions across countries and other export regulations.
• Except as provided in this Agreement, you will never copy, edit, modify, translate, publish, perform, display, broadcast, transmit, distribute, or sell the content of other users or PearlMountain Licensors being made available to you as part of the Services.
• You will never use the user-generated content or any other feature of the Site and Services in such a manner that amounts to a denial of service attack, overburden resources, or cause any kinds of damage, disability, or impairment for other users to access and use our Site and Services.
• You acknowledge and consent that PearlMountain Limited shall be entitled to perform any technical functions or processing that it deems necessary, including but not limited to reformatting or transcoding your content to make it available on the Site and Services.
• You acknowledge and consent that PearlMountain Limited shall be entitled to use your queries, concerns, ideas, suggestions, and feedback in any form or manner that it deems appropriate for promoting its business and shall have no obligations to ask your permission, send notifications, or pay compensations for using your feedback or contained intellectual property in such feedbacks.

If we believe or become aware at any point that you have posted, published, shared, or otherwise transmitted user generated content in violation of this Agreement, we may remove such content, in whole or parts thereof, restrict, suspend, or terminate your account on DesignCap, and disclose any information to the relevant authorities that we deem necessary or appropriate for ensuring the integrity of our Site and Services.

PearlMountain Limited reserves a right to delete any content that violates our policies or the applicable laws, as determined by us. The deleted content on your account may be retained by PearlMountain Limited in compliance with its business or legal obligations but remain inaccessible unless you obtain a valid court order to access your deleted content. Even if you obtain a valid court order, deleted content will be restored only if it is technically feasible or practically possible to do so. Please acknowledge that PearlMountain Limited is not offering any backup service. It shall be your responsibility to create and maintain a backup of your content on DesignCap.

Termination

PearlMountain Limited reserves a right to cancel your subscription to its paid services and terminate your accountat its sole discretion. We shall have no obligations or liabilities with regard to any restrictions, suspension, or termination of your account on DesignCap.

You may also request a cancellation of your subscription, discontinue the Services, and terminate this agreement at any time, but such cancellation requests shall be made at least 48 hours before your subscription renewal date, failing which your payment instrument may be charged for the next subscription term possibly. Termination of this Agreement will have no effect on your pending obligations under this Agreement.

If your account is terminated, all your content will be permanently deleted unless we are required to retain any content in compliance with any business or legal obligations. However, you will not be able to access any retained content without a valid court order.

No claims, refund, or compensation shall be admissible on the grounds that your subscription to DesignCap or DesignCap paid plans was restricted, suspended, or terminated without any prior notice.

Indemnification

You shall indemnify and defend PearlMountain Limited, its parent, partners, subsidiaries, licensors, service providers and each of their investors, directors, officers, employees, consultants, contractors, affiliates, agents, and advertisers (collectively the indemnified parties), holding them harmless from any and all claims, damages, liabilities, actions, actual or threatened suits, proceedings, judgments, settlements, costs, or expenses, including but not limited to fees, fines, penalties, payments, interests, disbursements, attorney or expert fees, and other expenses that may arise due to or in relation to:

• Your use of DesignCap or any other feature on the Site and Services.
• Your non-compliance with the applicable laws or breach of this Agreement, including any breach of the process, procedures, policies, or guidelines incorporated into this agreement and your warranties, undertakings, or representations under this Agreement.
• Your infringement of third party rights, including their copyrights, trademarks, patents, intellectual property, or rights of privacy or publicity.
• Your submitted content on DesignCap or the Site and Services, including any derogatory, defamatory, offensive, inappropriate, or objectionable content posted, published, shared or transmitted through the Site and Services.
• Your acts and omissions, behavior, or activities on the Site and Services that cause or lead to any expenses/liabilities incurred by the indemnified parties in relation to your conduct.

PearlMountain Limited shall be entitled to assume the exclusive defense of any subject matter under your indemnifications and receive full reimbursement of expenses incurred by the indemnified parties in defending any such claims of rectifying the damages. The provisions of this section shall survive any termination of this Agreement.

Disclaimer of Warranties

PearlMountain Limited disclaims all warranties, conditions, undertakings, and representations to the maximum extent permitted under the applicable laws. DesignCap, the Site, and Services, including the third party products, services, and content are being made available on As-Is or As-Available basis, without creating warranties, conditions, or representations of any kind. You shall use the Site and Services at your own risks and discretion.

We do not claim that you will create an impressive design like a professional, or actually transform your photos into Works of Art. We hereby disclaim all warranties, undertakings, and representations, whether express or implied, regarding the accuracy, authenticity, reliability, availability, security, merchantability, flawless working, fitness for a particular purpose, or suitability of DesignCap or the Site and Services as per your needs, preferences, or expectations. The support executives and other representatives of DesignCap are not authorized to make any such claims.

We do not claim that DesignCap or the Site and Services will be free from viruses and malicious codes, errors and omissions, infringements, interruptions, unsolicited behavior or activities, phishing attempts, unauthorized access or misuse of your personal information, and all such occurrences will be restored immediately or promptly.

No such warranties and representations, whether by operation of law, custom, usage, trade practices, the course of dealings, or otherwise, shall arise in relation to your use of DesignCap or the Site and Services unless otherwise clearly mentioned in this Agreement. You shall acknowledge and consent that you have not relied on any warranties for using DesignCap or the Site and Services.

Publishing third party logos, trademarks, advertisements, images, or other content on DesignCap or the Site and Services shall not be denoted or construed as our endorsement or recommendation of any product, service, pictures, collage, design, or artwork being made available by the users, service providers, or other independent entities on the Site and Services.

Limitation of Liabilities

The ready-made templates and elements on DesignCap are used by many people, so your design will not be exclusive to you if you don’t heavily modify the templates and elements. We cannot guarantee that your design created on the site will not be identical, or similar to designs that would have been or will be created by other users, despite the fact of the possible customization using the tools. We can also not guarantee that the user's design will not infringe on a registered trademark or any other rights from a third party. It is the solely responsibility of the user to ensure that the design created does not infringe a trademark or the rights of a third party. Please also acknowledge that we shall have no responsibility to assist you in seeking provincial or federal intellectual property protection (i.e., trademark registration).

PearlMountain Limited is not liable for any loss or damages suffered in connection with the use of or exposure to any content contained on DesignCap. And we shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including any loss of actual or potential business, revenue, cost savings, profits, goodwill, credibility, peace of mind, or other intangible damages that may arise in relation to:

• Your ability or inability to use DesignCap for making a collage, creating designs, editing photos, transforming images into artworks, or otherwise accessing any feature being offered or made available on the Site and Services.
• Your purchase or use of any third party product or service being advertised, featured, or promoted on DesignCap or the Site and Services.
• Escalated cost of purchasing any substitute application or using a professional service for editing photos or restoring the pictures.
• Any damage to person or property due to anything depicted/contained in the shared photos, products, services, description, information, or content being made available on DesignCap or the Site and Services.
• Infringements of third party copyrights, patent, intellectual property, or their rights of privacy or publicity.
• Unauthorized access to your account on DesignCap or misuse of your personal information on the Site and Services.
• The unsolicited statement, behavior, or activities of other users, service providers, or independent entities on the Site and Services.
• Any interruption or disruption of the Services due to technical problems, maintenance requirements, unforeseen circumstances, or change in the Services.
• Any other matter related to your use of the Site and Services, irrespective of the fact that such liabilities result from any non-performance, negligence of duty and statutory responsibilities, errors and omissions, loss of data, misrepresentation, torts, interruptions, unauthorized access, or breach of contract by PearlMountain Limited, and the possibility of such liabilities was already conveyed to it.

These limitations will apply to the extent permissible in your jurisdiction. If PearlMountain Limited is liable for any negligence of statutory duty, non-performance, misrepresentation, tort, breach of contract, restitution, or otherwise, its total liability shall never exceed the total amount that you paid for subscribing any service or using premium features on DesignCap paid plans or the minimum amount provisioned under the applicable laws governing this Agreement, whichever is less.

All claims under this agreement shall be initiated within one year from the cause of action or such periods as determined by the applicable laws governing this agreement, after which your rights to claim any damages shall be deemed as waived.

You shall consent to waive your special/additional rights, if any, to the maximum extent permissible in your jurisdiction.

Applicable Laws

The provisions of this ‘Terms of Use’ shall be governed and construed in accordance with the law of Hong Kong, China, without any regard to the conflict of laws. The parties to this Agreement shall consent to the non-exclusive jurisdiction of the competent courts in Hong Kong with regard to all disputes that may not be amicably resolved through mutual negotiations. The parties shall consent that no actions, suits, proceedings, or prosecutions shall be initiated with regard to any claims/obligations under this Agreement or interpretation of these provisions, except in the courts of Hong Kong.

Severability

If any provision of this Agreement is declared null and void or becomes unenforceable due to enacted legislation, conflict with the applicable laws or public policy, or otherwise, the affected/impugned provisions shall be deemed as severed and the remaining Agreement shall continue to be binding and enforceable as before. The transactions under this Agreement shall remain valid unless the economic or legal substance of such transactions is not grossly adverse to any party, as determined by the applicable laws. When feasible, the parties shall consent to modify/replace the impugned provisions with new provisions in the true spirit of this Agreement.

Waiver

If PearlMountain Limited is unable to enforce any provision of this Agreement or ignores your non-compliance under specific circumstances, it shall never be deemed as a waiver of its legal rights and remedies with regard to your subsequent non-compliance or breach of this Agreement.

Miscellaneous

These terms of use, including the process, procedures, policies, guidelines, end-user licenses, privacy statement, and other documents incorporated into this Agreement by reference shall be deemed as part of your entire agreement with PearlMountain Limited for using the Site and Services, superseding all your previous agreements and arrangements with the Company, whether oral or written, regarding the subject matters of this Agreement.

The users, service providers or other third party business entities on DesignCap or the Site and Services shall be deemed as independent entities. Nothing on the Site and Services or communications with the support staff, whether oral or written, shall create or construed as any kinds of joint venture, franchise, principal-agent, or employer-employee relationship between PearlMountain Limited and independent entities. PearlMountain Limited shall never be a party to your social or business relationship with any such independent entities on DesignCap. You are not allowed to enter an agreement or create/assume any kinds of obligations on behalf of another party.

PearlMountain Limited may assign its rights, duties, titles, interests, and obligations under this agreement to any service provider or third party business entity with regard to the Services being offered or made available on DesignCap/Site. However, your rights and obligations under this agreement shall remain non-transferable unless consented by PearlMountain Limited in writing.

The headings and paragraphs are intended for convenience only and should not be deemed as part of or used in the interpretation of this agreement.

A printed version of this agreement or related records and communications shall be admissible in administrative or judicial proceedings to the same extent and subject to the same conditions as originally printed versions of business documents or records are admissible under the applicable laws.

Third Party Links and Resources

The Site and Services may contain integrations, links or ads to any service providers or third party third party websites, services, or content that are not owned or controlled by us. We may serve advertisements and promote third party products and services on DesignCap or include such links to provide useful information related to photo collages, photo editing, graphic design, and other tools and techniques so that you can handle your photo imaging projects like a true professional.

We integrate with the Noun project icons, a third-party provider that obtains its icons from contributors. We recommend that you check the media source and refer to the Noun project terms. We also integrate with Pixabay, a vibrant community of creatives, sharing copyright free images and videos. Please carefully refer to the Pixabay license and terms. The use of these contents is at your own risk. You agree that we shall not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using any third party resources appearing on our Site.

Advertising on the Site and Services enable us to provide many value-added services on the free version of DesignCap. Using our Site and Services shall be deemed as your consent to receive advertisements and promotions in relation to your preferences and content on DesignCap. Please acknowledge that such advertisements and promotional offers are subject to change at any time.

However, we do not control any product, service, or content, including the views, reviews, testimonials, information, advice, suggestions, or recommendations being featured or made available on the third party websites. Linked websites and services are subject to the terms and policies of the respective providers, regardless of their integration with DesignCap. Please acknowledge that once you leave the Site and Services, our terms and policies will not apply. You should carefully review the terms and policies of third parties before using their products, services, or content.

PearlMountain Limited does not approve, endorse, recommend, or renounce any product, service, or content being published, advertised, promoted, or made available by the linked websites, and shall not be liable for any claims, liabilities, damages, costs, or consequences that may result from your access, reliance, or use of third party websites or any product, service, information, advertisement, or content featured on such linked websites.

Changes to this Agreement

PearlMountain Limited reserves a right to modify or replace these terms of use at its sole discretion. If any such modification is carried out to reflect any changing business or legal scenario, we will publish the last modification date on this Page and take other reasonable efforts to inform you of such policy changes. Please regularly visit this Page to stay updated.

We will provide a reasonable notification period before the modified agreement becomes effective unless immediate policy changes are required due to any business or legal obligations. Once the notification period is over, if any, the modified Agreement will replace and supersede all your previous agreement and arrangements with PearlMountain Limited regarding the use of its Site and Services.

Continued use of DesignCap to access the Site and Services after such policy changes shall be deemed as your consent to accept and abide by the most current version of these terms of use. If you do not agree or have any reservations against the modified agreement, discontinuation of our Site and Services shall be your sole remedy.