Terms of Service

By using PicYou services ("PicYou Services", or "Services" ), you agree to be bound by the following terms and conditions (the "Terms of Service"). By using and/or visiting this website (collectively, including all content available through the PicYou.com domain name, the "PicYou Website", or "Website"), you signify your assent to both these terms and conditions (the "Terms of Service") and the terms and conditions of PicYou's privacy policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the PicYou Website.

Personal Use

The PicYou Services are made available for your personal, non-commercial use only. You may not use the PicYou Services to sell a product or service, or for commercial reasons. You may not take the results from a PicYou search and reformat and display them, or mirror the PicYou home page or results pages on your Web site. You may not "meta-search" PicYou. If you want to make commercial use of the PicYou Services, you must, in advance, enter into an agreement with PicYou. Please contact us for more information. These Terms of Service apply to all users of the PicYou Website, including users who are also contributors of photos, videos, comments, information and other materials or services on the Website. The PicYou Website may contain links to third party websites that are not owned or controlled by PicYou. The content or websites displayed as search results or linked to by PicYou Services are developed by users over whom PicYou exercises no control. The search results that appear from PicYou's indices are indexed by PicYou's automated programs and computers, and PicYou cannot and does not screen the sites before including them in the search results of indices. A search using PicYou Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a PicYou search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the PicYou Services.

Proper Use

You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

The following is not allowed and will result in the automatic suspension and/or termination of your account without warning:

PicYou is not for pornography, nudity or sexually explicit content. Do not post photos of drug activity, including marijuana, drug paraphernalia or underage drinking or smoking. We encourage that you only upload photos that you own. Do not post images or photos that do not belong to you or that you do not have written authorization to use.

You agree not to impersonate anyone, including celebrities or any individual that you do not have written authorization to represent.

You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or that contains viruses, or is otherwise objectionable as reasonably determined by PicYou; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Terms of Service or Privacy Policy, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. PicYou reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Changes In Terms and Conditions and PicYou Service

We may modify or terminate our services from time to time, for any reason, and without notice. This includes the right to terminate services with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Copyright Infringement Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are the owner of the copyright or intellectual property that violates copyright infringement, please contact us at dmca@picyou.com.

Intellectual Property Policy

PicYou does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your PicYou account. We will not use any of your content for any purpose except to provide you with the Service or to promote this Service.

Disclaimer of Warranties

PicYou disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the PicYou Services results. PicYou disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. PicYou disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the PicYou Services. The PicYou Services, and all materials, information, products, and services included in the PicYou Services are provided "as is," with no warranties whatsoever. PicYou and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. PicYou and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the PicYou Services. PicYou and its licensors disclaim any warranties for any information or advice obtained through the PicYou Services. PicYou and its licensors disclaim any warranties for services or goods received through or advertised on the PicYou Services or received through any links provided by the PicYou Services, as well as for any information or advice received through any links provided in the PicYou Services. You understand and agree that you download or otherwise obtain material or data through the use of the PicYou Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

Under no circumstances shall PicYou or its licensors be liable to any user on account of that user's use or misuse of or reliance on the PicYou Services. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if PicYou 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 PicYou Services, from inability to use the PicYou Services, or from the interruption, suspension, or termination of the PicYou Services (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the PicYou Services or received through any links provided in the PicYou Services, as well as by reason of any information or advice received through or advertised on the PicYou Services or received through any links provided in the PicYou Services. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the PicYou Services or any information or merchandise that appears on, or is linked or related in any way to, the PicYou Services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Without limiting the foregoing, under no circumstances shall PicYou 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.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by PicYou.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age or, an emancipated minor at or over the age of 13, or possess legal parental or guardian consent if you are at or between the ages of 13 and 18, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The PicYou Website is not intended for children under the age of 13 or non-emancipated minors without legal parental or guardian consent who are at or between the ages of 13 and 18.

* This policy may change without notice.

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