Terms of Use

These Terms of Use are effective as of January 15, 2015.


Thank you for using Piccam ("Piccam," "we," "us" or "our"). Please carefully read these Terms of Use before using our Piccam, EchoPix and SharedPix services (collectively, the Service).  By accessing or using the Service, including our mobile application or web site, you accept and agree to be bound by these Terms of Use (Terms of Use or Terms) and all applicable laws, rules, and regulations associated with your use of the Service.  If you do not agree to the Terms of Use, you are not authorized to use the Service. 

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.

Your Account

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.

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.

The Service is owned or controlled by Lifetime Memori Inc. ("Piccam"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of 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.

Terms

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 persons 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.

Violation of these Terms of Use may, in Piccam's sole discretion, result in termination of your Piccam account. You understand and agree that Piccam cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Piccam, we can stop providing all or part of the Service to you.

Piccam reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. We may post on the Service Website, update the mobile application and/or will send an email to the primary address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check your email address registered with us for any such notices. You agree that we will not be liable to you or any third party for any modification or cessation of the Service. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal, product, or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, the Piccam mobile application or on the Piccam website, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. By continuing to access or use the Service after Update Terms become effective, you agree to be bound by the Updated Terms. If you do not agree to the Updated Terms, you may terminate your Account and any continued use of the Service by you is unauthorized.

Piccam does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, or for sharing with other users, you grant Piccam a worldwide, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, license to use the Content that you post on or share through the Service, subject to the Service's Privacy Policy, available here http://piccam.net/privacy.html. You can choose who can access and view your Content, as described in the Privacy Policy.

You represent and warrant that: (i) 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; (ii) you own all Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use and are responsible for any activity that occurs through your account on or through the Service , and you agree you will not sell, transfer, license or assign your account, username, or any account rights to any third party; (iii) you will not solicit, collect or use the login credentials of other Piccam users (iv) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (v) you will not use the Service to harass, threaten, abuse, defame, impersonate or intimidate people or entities and you must not use the Service to post private or confidential information of any third party; (vi) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (vii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

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.

You agree that Piccam is not responsible for, and does not endorse, Content posted within the Service. Piccam does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Subscription Accounts

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 team@piccam.net. 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.

Export Control

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 Departments list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons 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.

THE PICCAM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PICCAM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PICCAM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE PICCAM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

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.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Piccam's request), indemnify and hold the Piccam Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to, or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation or alleged violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, contractual, or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Piccam in the defense of any claim. Piccam reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Piccam.  

Arbitration

Except for disputes relating to claims of your infringement of Piccam Technology (including without limitation, trademarks, trade dress, domain names, trade secrets, copyrights and patents) ("Excluded Disputes"), you agree that all disputes between you and Piccam (whether or not such dispute involves a third party) with regard to your relationship with Piccam, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved pursuant to the laws of California without application of conflict of laws concepts, by binding, individual arbitration in San Francisco County, California under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Piccam hereby expressly waive trial by jury. Any disputes arising out of the matters contemplated in this Agreement will be decided by binding arbitration in Los Angeles County by submission to the American Association of Arbitrators.  Neither you nor Piccam will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Piccam is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Piccam or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Service. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

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

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Piccam exclusively in a state or federal court located in San Francisco, California, and to submit to the personal jurisdiction of the courts located in San Francisco, California for the purpose of litigating all such disputes and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Piccam's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Piccam reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Piccam.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Piccam and governs your use of the Service, superseding any prior agreements between you and Piccam. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Piccam. Any purported assignment or delegation by you without the appropriate prior written consent of Piccam will be null and void. Piccam may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Electronic Communications

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.

Termination

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).