Welcome to Picmoo's Terms of Service. This agreement (the "Agreement") is an agreement between you (the "User") and Picmoo Imaging LTD ("Picmoo", "we", "us"). We provide our users different tools and software in order for them to create and maintain websites with various content including, but not limited to, galleries, pages and blogs. We are trying to keep this document as easy to understand as possible, however, if you have any questions, feel free to contact us and we will get back to you as soon as possible.
By using our services you agree, without limitation, to be bound by and to comply with this Agreement and any supplemental rules and guidelines we may post in the future. All such rules and guidelines are hereby incorporated by reference into this Agreement.
- Services shall refer to any of the services offered through Picmoo, such as, but not limited to, Picmoo websites, plugins and apps.
- Picmoo websites shall refer to any website created using our website creation software.
- Picmoo account shall refer to the account you create when you register with our Services.
- Sample data shall refer to all the text, photos, comments and other files included as a sample data in your website when you first register to use our service.
- Site shall refer to http://www.picmoo.com
2. Conditions of use
You can use our products and service for either personal or commercial use. You must however use Services in a way that does not violate this Agreement, any supplemental rules and guidelines we may post, the terms and conditions of the respective service partners, or any applicable local, state or federal laws and regulations. The Services are only to be used for the intended purpose for which such Services are being made available. You acknowledge and agree that we may, at our sole discretion, terminate your access to Picmoo services for any or no reason at all, without prior or any notice at all. Some example that may cause such termination include, but not limited to: noncompliance with our terms of this Agreement, (b) practices that we belive are in detrimental of other users, (c) conduct that violates any local, state, federal or other law.
As part of the Service, when you register we provide you with Sample data in order to illustrate how your final website might look. You agree that this content belongs to Picmoo and that you shall remove it from your website within the first 15 days of using Services.
3. User content
You agree that all information, including, but not limited to, text, photographs, pictures, graphics, videos, files and/or other materials ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You are responsible for all the Content you upload, post or email via our services. Picmoo does not control or filter any third party Content posted via our Services and therefore we do not guarantee the accuracy integrity, legality or quality of such user or 3rd party content. You hereby grant grant Picmoo a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. While Picmoo performs regular backups of the Content, you are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
4. Billing, prices, payments and termination
You are responsible for paying the monthly fee(s) associated with your Picmoo account on the payment due date for as long as your Picmoo account is open, regardless of whether you are using or not the Services. We will automatically bill your card based on your selected billing cycle. If we are unable to collect the payment we reserve the right to retry the transactions and if subsequent attempts fail, to close your account without prior notice. We also reserve the right to change the price of Services at any time, with or without notice.
Picmoo reserves the right to deliver refunds at our sole discretion. When you subscribe you acknowledge and accept that (a) payments made for a Picmoo subscription are non-refundable and (b) any accounts terminated due to noncompliance with any of our policies will not recieve a refund and (c) refunds will not be given for the time remaining in a billing cycle that were unused.
You can terminate your Picmoo account at any time using the delete account function from your administration panel. When you terminate your account we will delete your data and we accept no liability for lost content or information due to an account that was deleted by the user. You can claim your website data as an archive but only if you request such archive at least 30 days before closing your Picmoo account. Once a Picmoo account is terminated, all Picmoo websites associated with that account are also closed.
At our discretion we may suspend or close Picmoo accounts and Picmoo websites because of user inactivity. We may also suspend or delete any expired trial Picmoo accounts. As soon as your trial website expires we reserve the right to disable access to your website and show a message stating that the Picmoo website is no longer available.
5. Trial accounts
To provide you with an opportunity to try our Services, we offer a 15 day free trial (the "Free Trial") Picmoo account. During this Free Trial you agree that you will upload no more than 500 megabytes of data to your Picmoo website. We reserve the right to cancel your Free Trial and close your Picmoo website at our own discretion if we conside that you are not using this Free Trial period as the intended purpose.
At the end of your Free Trial you must decide to purchase a Picmoo subscription in order to retain any Content that you have posted or uploaded during the Trial Period. If you decide not to purchase the Services by the end of your Free Trial your Content will no longer be available to you and we might, at our sole discretion, delete your Picmoo account and Picmoo website.
You agree to the following rules:
- You hereby certify that you are at least 18 years of age.
- You will ensure that the email provided is valid at all times and will keep your contact information accurate and up-to-date
- You will not upload disseminate, distribute, transmit, link to or otherwise display Content that infringes on any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Intellectual Property Rights") of any party. You will also not post, transmit or otherwise make available or initiate any Content that is pornographic, sexually explicit, or violent.
- You will not use the Services to impersonate another person.
- You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Picmoo without our express written permission.
- You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
- You will not use the Services for the purpose of uploading and selling photos from, but not limited to, an event or party, photos that otherwise have no artistic or promotional value to yourself as a business or artist.
- You will not attempt to or actually override any security component included in or underlying Services.
Bandwidth and disk storage is unlimited as long as:
- is used as an integral part of your Picmoo website
- you are not intentionally abusing the service by using excessive bandwidth or disk storage
- you are not impeding our capability to provide other users Services
Picmoo reserves the right to determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in closing of Picmoo website and Picmoo account without any written notice. We may also report you to law enforcement officials in the appropriate jurisdictions.
6. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Picmoo OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE Services. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Picmoo OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Services, FROM INABILITY TO USE THE Services, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Services (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Services OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Services, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Services OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Services. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Services OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO Picmoo. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF Picmoo Websites OR OTHER CONTENT STORED THROUGHOUT Picmoo. UNDER NO CIRCUMSTANCES SHALL Picmoo OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.