UPDATED AT 2021-01-01
Dear friend, this is our complete License Agreement (the «Agreement»). Please, read these carefully before buying and/or usin our products and services.
You automatically agree to be bound by the Agreement by accessing our web site or application, buying or/and using our products and services, or clicking that you agree when prompted by Picvario.
The agreement to the Agreement is necessary for buying and/or using our products and services, which means that you are not permitted to buy and/or use Picvario’s products and services if you do not consent to the Agreement. If you intend to buy and/or use our products and services on behalf of a company or other legal entity, you are responsible for making sure that you are authorized to bind such company or entity to the Agreement.
You acknowledge and agree that (i) your agreement constitutes the entire agreement between you and Picvario regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Picvario; and (ii) you may be subject to additional terms and conditions that apply when you use or purchase other Picvario’s services, which Picvario will provide to you at the time of such use or purchase.
You acknowledge and agree that (i) our products and services are not intended for use by anyone under the age of 16; and (ii) the individuals who are between the ages of 16 and 18, are allowed to use our products and services only under the supervision of a parent or a legal guardian who agrees to be bound by the Terms on behalf of the mentioned individual.
b. Terms Updates
You acknowledge and agree that (i) Picvario has the right to change, amend or modify any provision of the Agreement, and any other terms, policies or guidelines governing your use of our products and services, at any time at its sole discretion by providing a notice that the Agreement have been modified by posting the notice on this web site; (ii) your continued use of our products and services following the modification will automatically constitute your acceptance of all modifications; and (iii) if you are not agreeable with the updated terms, you may stop using our products and services and/or delete your account.
Our products and services, images, software, platforms, tools, graphics, data, text, code, and all other content created by Picvario are the property of Picvario and protected by the intellectual property laws. Picvario grants you a limited, non-transferable, non-sublicensable, revocable license to access and use our materials solely in accordance with the Terms.
You acknowledge and agree that (i) all right, title and interest in and to the Picvario’s materials are and will remain with Picvario; (ii) no right or interest in the Picvario’s materials is conveyed other than the limited licenses granted herein; and (iii) the Picvario’s materials are protected by copyright and other intellectual property laws.
You acknowledge and agree that (i) «Picvario», the Picvario’s logo, the look and feel of our products and services are trademarks of Picvario and may not be copied, imitated or used without the prior written permission of Picvario; (ii) your use of any Picvario’s trademarks must be consistent with the size, dimensions, color and other characteristics of the original Picvario’s trademarks; (iii) you may not alter or change the appearance of the Picvario’s trademarks, (iv) you may not use the Picvario’s trademarks for any other purpose deemed by Picvario to be inappropriate.
If you violate the conditions of the License section or any other section of the Terms, Picvario has the right to revoke your right to use the Picvario’s trademarks at any time without notice.
Picvario welcomes any feedback from our users regarding ideas and suggestions for improvements to this web site, our application, products and services, and any other materials. You acknowledge and agree that Picvario shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
e.Term and Termination
You acknowledge and agree that (i) this Agreement shall remain in effect until terminated by you or Picvario; (ii) Picvario may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice; (iii) this Agreement will terminate immediately, without prior notice from Picvario, in the event that you fail to comply with any provision of this Agreement; (iv) you may terminate this Agreement by deleting the application and all copies of same; (v) upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.
You acknowledge and agree that (i) termination of this Agreement will not limit any of Picvario’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement; (ii) all Subscription Fees are non-refundable; (iii) upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term Indemnification.
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
a.Limitation of Liabilities
You acknowledge and agree that (i) in no event Picvario or its directors, members, employees or agents will be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Picvario’s materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Picvario, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Picvario’s records, programs or services even if Picvario or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose, even if Picvario or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose; (ii) in no event will the aggregate liability of Picvario, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Picvario’s materials, exceed compensation you pay, if any, to Picvario for access to or use of the site or the services or for the purchase of products.
You acknowledge and agree that (i) your use of the Picvario’s products and services is subject to all applicable local, state/provincial, national and international laws and regulations; (ii) if you and Picvario do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section; (iii) you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury; (iv) the Agreement and your use of the Picvario’s products and services will be governed by and construed in accordance with the commercial arbitration rules of the American Arbitration Association; and (v) all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
d.Agreement to Arbitrate & Waiver
You acknowledge and agree to arbitrate any dispute arising from these Terms or relating to the Picvario’s products and services, this web-site or any Picvario’s materials. Arbitration prevents you from suing in court or from having a jury trial.
You acknowledge and agree (i) to attempt informal resolution prior to any demand for arbitration; (ii) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association; and (iii) that this section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction, and you and Picvario are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
You acknowledge and agree that (i) you may bring claims against Picvario only on an individual basis and not as part of any purported class or representative action or proceeding; (ii) unless both you and Picvario agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
e.Notice of Dispute
You acknowledge and agree (i) that in the event of a dispute against Picvario, you must give Picvario a 30-days Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested; and (ii) you must send any Notice of Dispute via email to: email@example.com
You acknowledge and agree that (i) if any provision of these Terms are held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect; (ii) any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Picvario is based in USA and provided for access and use primarily by persons located in USA and is maintains compliance with USA laws and regulations. If you use the Picvario application from outside USA, you are solely and exclusively responsible for compliance with local laws.
You acknowledge and agree that (i) the Picvario application 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 Picvario, its licensors or other providers of such material and are protected by Russian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws; and (ii) the material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Picvario, unless and except as is expressly provided in these Terms.
b.Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
Company: when these Terms mention «Company», «we», «us», or «our» it refers to Picvario LTD, (600 North Broad Street, Suite 5, Middletown, DE 19709) that is responsible for your information under these Terms.
Country: a country where Picvario or the owners/founders of Picvario are based, it is USA.
Customer: refers to the company, organization or person that signs up to use the Picvario Service to manage the relationships with your consumers or service users.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Picvario and use the services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by Picvario or are under contract to perform a service on behalf of one of the parties.
Product: refers to the product provided by Picvario as described in the relative terms (if available) and on this platform.
Personal Data: any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
Service: refers to the service provided by Picvario as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Web-site: Picvario’s web-site, which can be accessed via this URL: https://picvario.com/
You: a person or entity that is registered with Picvario to use the Products and/or Services.