You agree to use the Services for your personal use only. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
Restrictions and Additional Terms.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.
PictoSo is intended for users who are 13 years old. Persons under the age of 13 are prohibited from creating PictoSo accounts. Some features or functionality offered by us (such as the Private Album List) or others through the Services, require users to be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements.
You agree not to use the Services in any way that:
- is unlawful;
- will share or post data, files or photographs (in all digital formats) which may be considered:
- sexually suggestive, or
- or otherwise offensive;
- harms PictoSo, its service providers, suppliers or any other user;
- distributes or posts spam, chain letters, pyramid schemes, or similar communications through the Services; or
- impersonates another person or misrepresent your affiliation with another person or entity.
By filling out a contact request or other request form on the Services or by otherwise using the App in any way [including linking the App to your Facebook profile], you authorize PictoSo to access, store and provide to third-parties your name, contact information, location information and all other identifying and other information you provide.
Materials You Provide; Account Use; Privacy; Third Party Apps.
For materials and information you post, share or otherwise provide to PictoSo in connection with the Services, or which PictoSo is able to access as a result of your use of the App, including, without limitation, on Albums List and Favorited Albums List (collectively the "Albums"), and information concerning terms and conditions contained in agreements into which you may have entered (except for your content stored on your Private Album Lists which can only be accessed by you or any other authorized person with your Private Album passcode), through the App or otherwise (all such materials and information, collectively, your "User Content"), you grant PictoSo an irrevocable, perpetual, royalty-free worldwide license to (a) use such User Content, and provide such User Content to applicable third parties, in each case in connection with the provision of Services, (b) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Content, in connection with the Services or in any other media, and (c) sublicense these rights, to the maximum extent permitted by applicable law. PictoSo will not pay you for your User Content or to exercise any rights related to your User Content set forth in the preceding sentence. PictoSo may remove or modify your User Content at any time. For each User Content, you agree to provide accurate and complete information and represent that you have all rights necessary to grant PictoSo the rights in this paragraph, that PictoSo' use of the User Content will not infringe any third party rights and that the User Content complies with Section 2(a) above. You are solely responsible for all User Content made through your user account(s) on the Services or that you otherwise make available through the Services.
Linked Materials and Third-Party Materials.
The Services include links to third-party contracts, agreements, products, services and Apps, as well as other materials provided by third parties. PictoSo does not endorse, and takes no responsibility for such products, services, apps, and materials. You understand that PictoSo has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and PictoSo takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Claims of Copyright Infringement.
PictoSo respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PictoSo' copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
If relating to PictoSo, Inc.
By mail: PictoSo, Inc., C/O Davis, Malm & D'Agostine, P.C.,
One Boston Place,
Boston, MA 02108, Attention: Copyright Agent
By e-mail: DMCA_notice_email@PictoSo.com
The Services are the property of PictoSo, and subject to the intellectual property rights of PictoSo and its licensors. ©2015 PictoSo, Inc. or © 2015 PictoSo, Inc. All rights reserved. PictoSo are trademarks and/or registered trademarks of PictoSo in the United States and/or other countries. You may not use any of PictoSo's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
PictoSo does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
Back up Your USER Content
You are responsible for backing up, to your own computer, the cloud or other device, any important documents, images or other User Content that you store or access via the Services.
PictoSo shall use reasonable skill and due care in providing the Services, but PictoSo does not guarantee or warrant that any User Content you may store or access through the Services will not be subject to inadvertent damage, corruption or loss.
PICTOSO PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. PICTOSO DOES NOT GUARANTEE OR WARRANT THAT ANY USER CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND PICTOSO SHALL NOT BE RESPONSIBLE SHOULD DAMAGE, CORRUPTION, LOSS OR REMOVAL OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICTOSO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PICTOSO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION; EXCLUSIVE REMEDY.
Choice of Law; Disputes.
You release PictoSo, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.