Changes in these Terms are almost certain to happen. We'll announce changes over our website, and we may notify you of changes by sending an email to the address you have provided to us. You are free to decide whether to accept the changes in the terms or to stop using our Service. If you continue to use our Service after the effectiveness of that update, you agree to be bound by such modifications or revisions.
Using our Service doesn't require the creation of a PicApp account. However, we reserve the right to change this in the future.
In order to download the images generated with our Service in high resolution, you will have to acquire prepaid download codes, by using the payment methods provided on the website. Immediately after you complete the payment, you will receive a download code in the website and also over email, to the email address that you provided. You are solely responsible for the activity that occurs with this download code, including the activity of others to whom you have provided your download code information, and for the consequences of posting or publishing your User Content. If you discover any unauthorized use of your download code, you should immediately notify us. We will not be liable for your losses caused by any unauthorized use of your download code or failure to keep your download code secure.
We keep your email information private and do not share or sell it to anyone.
Once you acquire the download code and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until your download code expires or until we close your account pursuant to these Terms.
You retain copyright and any other rights in your User Content. However, by submitting User Content to PicApp, you do have to grant PicApp a limited license, solely related to the administration of technical operations on your Content. Other than this limited license and other rights you grant in these Terms, PicApp acknowledges and agrees that it does not obtain any right or title from you under these Terms in any of your User Content.
You understand that when using the PicApp Website, you will be exposed to User Content from a variety of sources, and that PicApp is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PicApp with respect thereto, and agree to indemnify and hold PicApp, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
You understand and agree that third-party advertising, in any commercially reasonable format, may be made available to users of the Service, including in connection with User Content. You expressly agree that you will not be entitled to any sharing or other compensation whatsoever for any revenue generated by (or received by PicApp for) the display of any such advertisements.
PicApp hereby grants you permission to access and use the Website and the Service as set forth in these Terms of Service, provided that:
The PicApp Website and Service are provided to you free of charge for the images with low resolution. We reserve the right to impose limitations at any time for the images that we provide for free use, with or without notice.
You acknowledge that some actions may prevent you from accessing your Content or using the Service at certain times and agree that PicApp has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
You acknowledge and agree that PicApp owns all legal rightS, title and interest in and to the content on the PicApp Website, except the User Content, which is owned by the respective users and the graphical representation of all the device frames, which are property of their respective owners.
We retain the right to implement new elements to the Service, including changes that may affect the previous mode of operation of the Service. The scope of these elements and changes will be to enhance the Service.
You agree that you are solely responsible for any Content that you create, transmit or display while using the Service and for the consequences of your actions by doing so. We reserve the right to remove inappropriate Content or Content which may harm the brand of a software application, product or technology, such as when a trademark owner complains about the Content.
PicApp will terminate a User's access to its Service if, under appropriate circumstances, they are determined to be a repeat infringer.
PicApp reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement. PicApp may remove such User Content and/or terminate a User's access for creating such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE PicApp SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PicApp, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PicApp MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PicApp SERVICE. PicApp DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PicApp SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PicApp WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL EITHER PARTY, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PicApp WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PicApp SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless PicApp, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PicApp Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the PicApp Service.