By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, ¡°you¡± and ¡°your¡± will refer to that organization.
As a registered user of the Service, you have established an account (¡°Account¡±). In order to use the Service, you must enter your User ID and password to authenticate your Account. You agree and confirm that you provided accurate and complete information when you registered with the Service (¡°Service Registration Data¡±), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account.
You should not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Piccam of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Piccam shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules.
You are solely responsible for any charges for Internet access, data usage, mobile charges and/or any other charges that you incur while using the Service.
The Service provides storage, retrieval, management, sharing, and access features and functionality for your Content. ¡°Content¡± means your photographs and videos and any other like materials for which we provide a capability to store on the Service. Each Account registered for the Service will receive 15 gigabytes of Content storage at no charge. You have the option to pay for additional storage by signing up for our paid service (¡°Subscription Account¡±) as more fully described below.
You understand that all Content, whether uploaded, publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Piccam, are solely responsible for any Content you upload, or attempt to upload, download, email, share, transmit, store or otherwise make available through your use of the Service. Piccam does not control the Content that you store, share, or access via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. By using the Service, you are directing us to store, manage, share, and provide access to your Content on your behalf.
You may use the Service only to store, retrieve, manage, access, and share your Content using the features and functionality we make available. You may not use the Service to store, transfer or distribute Content of or on behalf of third parties, to operate your own file storage application or service, or to resell any part of the Service. You are solely responsible for your Content and for complying with all applicable copyright and other laws, including import and export control laws and regulations, and with the terms of any licenses or agreements to which you are bound. You must ensure that your Content is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You, and not Piccam, are responsible for maintaining and protecting your Content. You understand that in order to provide the Service and store or share your Content thereon, Piccam may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Piccam to take any such actions.
Use of the Service requires compatible devices, and Internet access; may require periodic updates; and may be affected by the performance of these factors. Piccam reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. High-speed Internet access is strongly recommended for use.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PICCAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Service is available to individuals aged 13 years or older who are residents or the United States. If you are 13 or older but under the age of majority, you must review these Terms with your parent or guardian to make sure that you and your parent or guardian understand it. You may not use or attempt to use the Service if you reside outside of the United States, including without limitation, by providing a false address, using another person¡¯s login and password or by any other method that misrepresents your residency. We reserve the right to verify your address using Internet Protocol address, geo-location and any other information that you, your Internet service provider or computer system provide to us, as well as any publicly available information.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Piccam prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Piccam upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
The Service contains technology owned or licensed by Piccam ("Piccam Technology"). Piccam Technology is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Piccam, Piccam owns and retains all rights in the Piccam Technology and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Piccam Technology and you will not reproduce, modify, adapt, reverse engineer, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Piccam Technology.
The Piccam name and logo are trademarks of Piccam, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Piccam. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Piccam, and may not be copied, imitated or used, in whole or in part, without prior written permission from Piccam.
Although it is Piccam's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Piccam reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Piccam, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Piccam encourages you to maintain your own backup of your Content. Piccam will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Billing You can increase the storage space of the Service by enrolling in a Subscription Account. Piccam automatically bill you from the date you enroll in a Subscription Account via your iTunes or Google Play account, and on a monthly basis until you decide to cancel. Subscription Accounts automatically renew unless auto-renew is turned off at least 24-hours before the end of the current monthly period. You may manage your Subscription Account and turn off auto-renewal may be turned off by going to your Account Settings. Piccam reserves the right to modify the Subscription Account fee at any time but will give you advance notice of any fee changes either through the Service or by a message to the email address you have most recently provided to us for your Subscription Account.
Cancellation You may cancel your Piccam Subscription Account at any time. In the event you cancel, your Subscription Account ends at the end of the monthly period in which you cancel and Piccam will not issue a pro rata refund for that monthly period.
Taxes & Other Fees Your Subscription Account may be subject to taxes in certain locations, and other charges associated with your Subscription Account such as currency exchange settlements may be incurred. You agree to be responsible for all applicable taxes and incidental charges, and you agree that Piccam may add any applicable taxes or incidental charges to your Subscription Account billing.
Copyright Notice ¨C DMCA
If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Piccam at email@example.com. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Piccam may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers.
Use of the Service, including transferring, posting, or Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department¡¯s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person¡¯s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. This assurance and commitment shall survive cancellation or termination of your Account.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, PICCAM CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PICCAM NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PICCAM PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PICCAM TECHNOLOGY; (C) CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICCAM OR VIA THE SERVICE. IN ADDITION, THE PICCAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE PICCAM PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE PICCAM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PICCAM TECHNOLOGY; (C) YOUR CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PICCAM PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PICCAM PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE PICCAM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PICCAM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PICCAM'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PICCAM PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PICCAM PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
PICCAM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Piccam can require the other to participate in an arbitration proceeding. To opt out, you must notify Piccam in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Lifetime Memori Inc. ATTN: Arbitration Opt-out, P.O. Box 2076, San Francisco, CA 94126
You must include your name and residence address, the email address you use for your Piccam account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Piccam.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Piccam must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
You agree that we may communicate electronically by e-mail and/or may make communications available to you by posting them on the Piccam website or though the Piccam mobile application, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
You may stop using the Service any time. We reserve the right to modify or discontinue, temporarily or permanently the Service, or any portion thereof, at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others¡¯ use of the Service. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a law enforcement request, a court order, or danger to other users) where we may suspend immediately. You agree that Piccam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).