Terms of Use

Terms of Use by Stickii Technologies Sdn. Bhd.

 

Background

The app is owned by Stickii Technologies Sdn. Bhd, a company registered in Malaysia under the Companies Act 2016. Our company registration number is 1235272-W and our registered office is at UNIT NO. 20-01, LEVEL 20, MENARA CENTARA, NO. 360 JALAN TUANKU ABDUL RAHMAN, 50100 KUALA LUMPUR, WILAYAH PERSEKUTUAN. Stickii Technologies Sdn. Bhd. and its affiliates provide the app and any of the services accessible through the app, including any updates or supplements to the app or any services, to the user of the App, only for own personal use and subject to the acceptance of and compliance with: (i) these Terms of Use; and (ii) our Privacy Policy at www.stickii.me/privacy.

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.

The following are terms and conditions as to the use of the app and the services. By using our app and services, the users hereby acknowledge that they have read, understood, and agreed, to be bound by the terms and conditions as hereinafter appearing and to comply with all applicable laws and regulations. If the users are accepting these terms and using the app and services on behalf of a company, organization, government, or other legal entity, the users represent and warrant that they are authorized to do so. If you do not accept these Terms of Use or our Privacy Policy, please do not download or use the App or any Services and to leave the relevant page/platform immediately.

 

Stickii Technologies Sdn. Bhd. is the proprietor of the app and services

The app and services belongs to us (or our affiliates), however, we grant a limited, non-exclusive, non-transferable, non-assignable, revocable, royalty-free and worldwide license to make personal use of the app and the services on the basis of our Terms of Use, our Privacy Policy and subject to any rules or policies applied by the appstore provider or operator from whose site the users downloaded the app. The users may download, view and use a copy of the App for own personal and non-commercial use. In this context, “personal use” does not include posting, uploading or otherwise publishing the materials to any other site. The users agree to use this App only for lawful purposes and in accordance with these Terms of Use.

The users acknowledge that they have no rights in, or to, the app or the services other than the right to use each of them in accordance with these Terms of Use.

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.

Prohibited Conduct

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:-

  1. use the app or services in any unlawful manner, for any purpose that is illegal or in any manner prohibited by these Terms of Use or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the app or services;

  2. infringe our intellectual property rights or those of any third party;

  3. transmit any messages, material, images or content that is defamatory, offensive or otherwise objectionable;

  4. 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;

  5. 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;

  6. 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

There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the app, and we are under no obligation to the users to monitor, edit, or control the User Content that was uploaded or posted by using the app. If the users believe any person has submitted messages, material, images or content which are objectionable or breach these Terms of Use or any applicable law, please notify us at inquiry@stickii.me to enable us to investigate.

We reserve the right to refuse to post, block, alter, edit, remove or delete any messages, material, images or content submitted to the app or any service which we believe are objectionable or breach these Terms of Use or any applicable law at any time (without notifying the users first).

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.

 

 

Content Screening

The users hereby acknowledge that we may or may not pre-screen the User Content, but that we shall have the right (but not the obligation) in sole discretion to PRE-SCREEN, refuse, or move any User Content that is available in the app or our services. Without limiting the foregoing, we shall have the right to stop any promotion including publisher payments for any advertisement it deems a violation of the Terms of Use or is otherwise objectionable.

 

 

Payment Terms

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

These terms of use shall be governed by, and construed in accordance with, the laws of Malaysia. In

the event of any dispute, controversy, difference, conflict or claim arising out of or relating to

these terms of use or its performance, including without any limitation any question regarding its

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

Without altering the scope of these Terms of Use, and except as expressly provided for in these Terms of Use or as permitted by law, the users agree:

(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.

 

Instagram

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.

The users must hold their own valid, live and public Instagram account to participate in the advertising campaigns run by the Brand Owners. The users’ Instagram account must represent a real person and not a brand, organisation or similar. We reserve the right to deny Instagram accounts from participating in Brand Owner’s campaigns. Anything related to the Instagram services will be governed by the terms of use set by Instagram and the users must fully comply with those terms at all times.

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:

  • The users automatically enter into a direct contract with the Brand Owner on the terms explained in these Terms of Use which governs the users participation in the Brand Owner's advertising campaign;

  • 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:

(a) the users specifically promise to the Brand Owner that they will comply with these Terms of Use;

(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

In the event of breach any of these Terms of Use, the permission to use the app and services will be terminated automatically.

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

We reserve the right, in our sole discretion, to revise these Terms of Use at any time. We will notify the users of any changes to our Terms of Use by posting the new Terms of Use here. If the users do not agree to the new terms that we are proposing, the users must cease using the app and our services.

Severability

Any term, condition, stipulation, provision, covenant or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking herein contained.

 

Notice

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.

Waiver

The failure of any party to insist, in any one or more instances, on performance by the other party of any provision of these Terms of Use shall not be construed as a waiver or relinquishment of any rights granted hereunder or of the future performance of any such term, covenant, or condition, but the obligations of the parties with respect thereto will continue in full force and effect unless such waiver is made in writing.

Entire Agreement

These Terms of Use, including all amendments and policies that are incorporated by reference, constitute the entire agreement between the users and us and govern the use of the app and services, superseding any prior agreements that the users may have with us. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms of Use, and the users’ rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.

General

These Terms of Use and our Privacy Policy represents the entire understanding between the parties regarding the use of the app and services, and supersede all other agreements, express or implied, between the users and us relating to the app or the use of the app. These Terms of Use shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Stickii Technologies Sdn. Bhd. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect the users’ rights or our obligations under these Terms of Use.