They key feature of the app is that it offers fun camera experiences and specially designed for selfies that let users apply custom designed camera frame filters according to various themes, campaigns and share them through their favourite social network. The app also shares its revenues with the users by providing social branding & community marketing services to businesses and brands. In our app, we have up to hundreds of free creative filters and fun camera frames allow users to play and brands could also reward eligible users for advocating their brand with creative selfies. The app also allows the users to receive payment from affiliates which include certain brand (Brand Owners) for participating in the Brand Owner’s advertising campaigns and submitting post on the users’ Instagram account.
Stickii Technologies Sdn. Bhd. is the proprietor of the app and services
The users have no right to have access to the app in source-code form.
We do not sell the app or the services to the users. We remain the owner of the app and the services.
The users may use the app and services only in compliance with these Terms and all applicable laws, rules and regulations. By using the app and services, the users agree not to:-
infringe our intellectual property rights or those of any third party;
transmit any messages, material, images or content that is defamatory, offensive or otherwise objectionable;
use the App to solicit the performance of any illegal activity, to stalk or harass other users of the App, or to engage in any other activity which infringes our rights or any other third parties;
use the app or services or take any action that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.
Right to Monitor and Editorial Control
We also reserve the right at all times to disclose any information submitted to the app or any service as necessary to satisfy any law, regulation or government’s request.
Account, Password And Security
The users need to register a user account to access certain functions or services on the app. The users agree and accept full responsibility for protecting the confidentiality of the account information, including the users password. The users also accept full responsibility for any and all actions that occur on or against the account in the event that the users fail to maintain the security and confidentiality of such information.
If the users find that their account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, the users should notify Stickii Technologies Sdn. Bhd. immediately. If the users’ failure to maintain the confidentiality of their account information leads to their account being used by others, which further leads to damages to us or other users to this app, the users may be held liable for such damages.
The users shall not use anyone else’s ID, account or password at any time without the express permission of the account holder. In the event of the users’ failure to comply with this clause leads to any damage or loss, we will not assume responsibility for such losses.
Any payment term prescribed by Stickii Technologies Sdn. Bhd from time to time to the users shall be strictly complied by the users.
Applicable Law and Jurisdiction
the event of any dispute, controversy, difference, conflict or claim arising out of or relating to
existence, validity, or a claim for unlawful act under applicable laws (“Dispute”), such Dispute shall be referred to the Malaysian court for deliberation. If a lawsuit is permittedinitiated, the users parties agree to submit to the exclusive jurisdiction of courts in Malaysia.
Limitation on damages
In no event shall Stickii Technologies Sdn. Bhd. or any of its affiliates, employees, agents, content providers, suppliers, or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental, exemplary, or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of the users transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the users agreed that Stickii Technologies Sdn. Bhd. are not liable for any amount exceeding the amounts owed to the users for successful services that comply with the terms and conditions herein. The existence of more than one claim will not enlarge this limit.
Copyright and Intellectual Property Right
Any unauthorized use of any content or materials which may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes is strictly prohibited on this App.
Please review the “Copyright” policy, which are part of the user agreement and which outlines our copyright and intellectual property right/policy.
Warranty, Disclaimer and Limitation of Liability
We, Stickii Technologies Sdn. Bhd. makes no representation or warranties of any kind regarding the use of the app and services. The app and services are provided on “as is” basis and as such, Stickii Technologies Sdn. Bhd. expressly disclaims any and all warranties of merchantability or fitness for a particular use.
Third party sites
The app or any services may contain links to other independent third-party websites, including the Brand Owner's websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). The user shall make own independent judgement regarding their interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Limitation of the users
(a) not to modify, adapt, vary, translate, merge, copy, reproduce, imitate, distribute, publish, rent, lease, sub-licence, loan or resell the App, any of the App's content (including without limitation all software, code, data and information comprised within the App (App Content), including but not limited to the trademarks and copyrights of Stickii and its affiliates, or to make derivative use of the App or the App Content;
(b) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(d) not to make commercial use of the App or the App Content;
(e) not to use or access the App or any part of the App to download or copy any account information that is not own by the users for own use or for the benefit of another party;
(f) not to, and not to attempt to, bypass any technical measures used to prevent or restrict access to any portion of the App;
(g) not to reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the App or to convert into human readable form the App or any App Content not intended to be so read, including but not limited to using or directly viewing the underlying code for the App except as interpreted and displayed on the Device;
(h) not to use any data mining, robots, or similar automated data gathering and extraction tools to access the App or any part of the App;
(i) not to violate or attempt to violate the security of the App or any part of the App;
(j) not to interfere with or attempt to interfere with the proper working of the App;
(k) not to alter or modify, or attempt to modify, the App or any part of the App; or
(l) not to attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App through hacking, cracking, mining, phishing or any other means;
(m) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
User Content and Indemnity
Stickii Technologies Sdn. Bhd. allows users to post or upload materials to the App. In respect thereof, the users understand that all information, communications, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials posted or uploaded to the app ("User Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Content originated. This means that the users are entirely responsible for all User Content that was uploaded, posted, emailed, transmitted or otherwise make available through the App or any associated services. Nothing in the definition of User Content is intended or should be construed to include creative content created pursuant to or in connection with any separate agreements the users have with Stickii Technologies Sdn. Bhd. This clause and the provisions related thereto are intended only to cover materials that are uploaded to the App, including but not limited to, images, videos, messages, comments, and other such items.
The users represent and warrant that they own or otherwise control all the rights to any User Content that was uploaded, transmitted or otherwise make available through the App; that use of the User Content provided does not violate the intellectual property rights or any other rights of any third parties, and that use of the User Content provided will not cause injury to any person or entity. In line with, and without limiting, the foregoing, the users specifically agree that they will not: (a) provide any User Content that is unlawful or any User Content that advocates illegal activity; (b) provide any User Content that is defamatory, false or libellous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any User Content that the users do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide content of minors where parental consent has not been given; (e) provide content of minors where the minor is not fully aware of the potential Brand Owner’s use of the content; (f) provide any User Content that contains software viruses or other harmful devices; or (g) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content they provide.
All right to the User Content which are/were uploaded to the app including intellectual property right and/or goodwill shall be deemed to have been assigned to us, Stickii Technologies Sdn. Bhd. and the users shall not have any claims against us in any matter arising out of or in relation to such assignment.
We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content or determine whether the User Content violates the rights of others. The users acknowledge that any reliance on material posted by other users will be at their own risk.
In the event of any third-party request, loss, liability, proposition, or expense (including lawyer's fees) brought against Stickii Technologies Sdn. Bhd. arising from or relating to the User Content, the users agree to indemnify and hold Stickii Technologies Sdn. Bhd., its directors, employees, agents, partners and other licensed persons, harmless.
Each user shall be provided access to their own Brand Owner advertising campaign feed featuring curated campaigns tailored to each user. Users will not be permitted to see such information for third party users of the App or unrelated accounts not owned or controlled by user.
By participating in the Brand Owner's advertising campaigns on the App, the users agreed to grant the Brand Owner a royalty-free, non-exclusive, perpetual, irrevocable licence to use the User Content on all digital channels, including but not limited to; social media accounts, as organic or sponsored posts, websites and as part of e-mail marketing. Any further use of the User Content will have to be agreed between the users and the Brand Owner. There is no expiry date on this permission and the users may not withdraw the permission for any reason.
The App and the Services allow users to receive payment from the Brand Owners for participating in the Brand Owner's advertising campaigns and submitting certain posts on the users Instagram account.
We have no control over Instagram and shall have no liability to the users for Instagram's acts or omissions.
The users acknowledge that Instagram has not endorsed the app or any services and that Instagram is not responsible for the app or any services.
The Brand Owners
When the users agree to participate in a Brand Owner's advertising campaign via the App or our Services:
participation in the Brand Owner's advertising campaign is subject to the campaign rules set by the Brand Owner and notified to the users via the App; and
we are not party to the contract between the users and the Brand Owner.
We shall not be liable to the users, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss or damage incurred in connection with the users participation in the Brand Owner's advertising campaign or as a result of the acts or omissions of the Brand Owner (including, without limitation, the Brand Owner's objection to the posts submitted on Instagram which results in non-payment to the users). If there is an issue with the Brand Owner, including with respect to any Brand Owner product sent to the user at the user’s request, the user’s rights are against the Brand Owner.
Contract with the Brand Owner and/or Brand Agency means that:
(b) the users give to the Brand Owner the royalty-free, non-exclusive, permission to use the User Content in the Campaign or on any digital medium, including but not limited to the Brand Owner’s website, Brand Owner’s social media accounts or Brand Owner’s email marketing;
There is no expiry date on this permission and the users may not withdraw the permission for any reason.
(c) if the Brand Owner has any complaint about the users activity or the User Content then they can make that complaint directly against the users.
Operating System Requirements
The App requires an Apple iPhone 4S or any more recent model, internet access and the iOS 8 operating system or higher. The users may also use the App on an Android device.
Termination of Account
Additionally, we may terminate the account on the app or suspend or terminate the users’ access to the app at any time (with or without notice) without liability to the users. The users also can terminate their account by deactivating their accounts and discontinuing the use of the app and services.
We may update, modify, or even discontinue the app at any time without notice to the users.
Modifying these Terms
In the event that we are required by state or federal law to notify the users of certain events, the users hereby acknowledge and consent that such notices will be effective upon our delivering them to the users through electronic mail. If the users do not provide us with accurate information, we cannot be held liable if we fail to notify the same to the users.