PICME TERMS OF USE

Last Modified: May 5, 2023

As used in these Terms of Use:

Please carefully read these Terms of Use before you use the Platform. This is a binding agreement. By using the Platform, you accept and agree to be bound and abide by these Terms of Use, which includes our Privacy Policy, found at https://picme.com/privacy-policy.html . If you do not agree to these Terms of Use or our Privacy Policy, you may not use the Platform.

You must be 13 years of age or older to use the Platform. By using the Platform, you represent and warrant that you are of at least 13 years of age. If you are under 18 years of age, your parent or guardian must consent to your use of the Platform and agree to these Terms of Use.

Changes to the Terms of Use

We may modify, amend, or change these Terms of Use at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to these Terms of Use via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of the Platform constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms of Use. If you do not accept a change to the Terms of Use, you must stop accessing or using the Platform immediately.

Using the Platform and Account Security

We reserve the right to withdraw, change or otherwise amend the Platform, or any service, functionality or content on or available through the Platform, in our sole discretion without notice. You agree that we are not liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

All information you provide to us through the Platform is governed by our Privacy Policy. You agree that you will only provide us with correct, accurate and complete information. You agree:

We may disable any username, password, or other access information at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Our Intellectual Property

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You agree to not use any of our trademarks without our prior written permission.

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international intellectual property laws. All rights, title, and interest in and to our intellectual property remains with us at all times.

For as long as you comply with these Terms of Use, the Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Platform for purposes as intended by us and permitted by these Terms of Use and applicable laws. This license and any authorization to access or use the Platform are automatically revoked in the event that you fail to comply with these Terms of Use.

You agree to not:

Your Content

The Platform contains functionality, locations and other interactive features that allows you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") pictures, images, content, documents, recordings, discussions, and other information (collectively, "Your Content") on or through the Platform. Regarding Your Content:

Our License to Use Your Content

By posting Your Content, you grant to the Company a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from a third-party sources such as Facebook(if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Our license to Your Content is non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Platform. For example, we would have an exclusive license to screenshots of the Platform that include Your Content.

You authorize us to act on your behalf with respect to infringing uses of Your Content taken from the Platform by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties in a manner not allowed on the Platform. You acknowledge that we are not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to our Privacy Policy and your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

If you submit suggestions or feedback to us regarding the Platform, you agree that we may use and share such feedback for any purpose without compensating you.

We are not responsible or liable to any third party for the content or accuracy of any content posted on the Platform.

Content Standards

All Your Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your Content must not:

Monitoring, Enforcement and Termination

You agree that we have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material on the Platform and we do not ensure that objectionable content will be promptly removed. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the " DMCA"). If you believe any content on the Platform infringes upon your intellectual property rights, please submit a notification alleging such infringement, including the following:

Any DMCA takedown notice should be sent to 2901 Bluegrass Blvd., Suite 200-50, Lehi, UT 84043 or by email to support@picme.com.

Purchases and Automatic Renewal Payments

If you make a purchase while using the Platform, you agree to pay the prices displayed to you for the services or products you’ve selected as well as any taxes or fees that may be imposed on your payment. You authorize us to charge the payment method you provide (your " Payment Method"). We may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may terminate your access to the Platform at any time in our sole discretion.

If your purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the services or subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.

You may cancel a subscription or other recurring services in your account on the Platform. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

Unless otherwise agreed at the time of purchase, all purchases are final and nonrefundable.

Prohibited Uses

You agree not to use the Platform:

Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may contain advertisements and promotions offered by third parties and links to other websites or resources. We may also provide non-commercial links or references to third parties within its content. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. We are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through the Platform, such party’s terms will govern their relationship with you. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Under Section 230 of the Communications Decency Act, we are only an intermediary of your and others’ content. You agree that we are not a speaker or publisher of information and claim any and all immunities that may apply.

Geographic Restrictions

We are based in the State of Utah in the United States. We make no claims that the Platform or any of its content is appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

If you use the Service from a physical location outside of the United States, you agree that:

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT IN THE PLATFORM OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your Content, your violation of these Terms of Use or your use of the Platform.

Governing Law and Jurisdiction

To the fullest extent allowable by law, the laws of Utah, U.S.A., without regard to its conflict of laws rules, shall apply to any dispute arising out of or relating to these Terms of Use or the Platform. Notwithstanding the foregoing, the dispute resolution process set forth below shall be governed by the Federal Arbitration Act.

Except where prohibited by law and except for claims that are heard in a small claims court as set forth below, any claims arising out of or relating to these Terms of Use, to the Platform, or to your relationship with us that for whatever reason are not required to be arbitrated or filed in small claims court, must be litigated exclusively in the federal or state courts located in Salt Lake County, Utah, U.S.A. You and we consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.

Dispute Resolution, Arbitration and Class Action Waiver

Requirement to attempt to resolve a dispute informally

If you pursue a dispute, claim or controversy against us, these terms will apply. Before formally pursuing a dispute in arbitration or small claims court as required below, you agree to first send a detailed notice to us. This notice must contain (1) your full name; (2) information that enables us to identify your account; (3) your address, mobile phone number and email address; and (4) a detailed description of your dispute, including the relief and/or amount of damages you are seeking. You must personally sign this notice for it to be effective. You and we both agree to then negotiate in good faith in an effort to resolve the dispute. As part of these good faith negotiations, if we request a telephone conference with you to discuss your dispute, you agree to personally participate, with your attorney if you’re represented by counsel. We will follow a similar process if we have a dispute with you for monetary damages. If we can resolve any dispute within 60 days after receipt of a fully completed notice, you or we may initiate an arbitration (subject to a party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of these Terms of Use. The statute of limitations and any filing fee deadlines will be tolled while we engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied.

Requirement to Arbitrate

Any dispute, claim, or controversy between you and us shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided herein. Notwithstanding the foregoing, either you or we may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to scope and enforceability of this section of our Terms of Use, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed.

Any court proceeding to enforce this section, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with the Governing Law and Jurisdiction section of these Terms of Use. In the event this Dispute Resolution, Arbitration and Class Action Waiver section is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Salt Lake County, Utah. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

Any arbitration between you and us shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect at the time any demand for arbitration is filed with NAM. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under these Terms of Use, the parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with these Terms of Use. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under these Terms of Use.

Jury Waiver and Class Action Waiver

You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

These Terms of Use, as may be amended from time to time, and any agreement incorporated herein by reference or provided on the Platform, constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Platform is operated by PicMe LLC at 2901 Bluegrass Blvd., Suite 200-50, Lehi, UT 84043. All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@picme.com.