UPDATED AT 2021-01-01
Dear friend, this is our complete Terms & Conditions of Use (the «Terms»). Please, read these carefully before buying and/or using our products and services.
You automatically agree to be bound by the Terms 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 Terms 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 Terms. 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 Terms.
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.
You acknowledge and agree that (i) Picvario has the right to change, amend or modify any provision of the Terms, 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 Terms 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.
c.Products & Services Updates
You acknowledge and agree that (i) Picvario may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades and other modifications; (ii) Picvario has no obligation to provide any updates to its application, or continue to provide or enable any particular features and/or functionalities of the application to you; (iii) Picvario may stop, temporarily or permanently, providing its products and services to you at Picvario’s sole discretion without prior notice to you; (iv) Picvario reserves the right to modify, suspend or discontinue, temporarily or permanently, the Picvario application or any service to which it connects, at Picvario’s sole discretion without prior notice or liability to you; and (v) if Picvario disables access to your account, you may be prevented from accessing your account details or any materials which is contained in 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.
You acknowledge and agree not to (i) modify or alter the Picvario’s materials; (ii) create derivative works of the Picvario’s materials; (iii) decompile, disassemble, decode or reverse engineer the Picvario’s materials, translate the Picvario’s materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the Picvario’s materials or reduce the Picvario’s materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the Picvario’s materials.
You acknowledge and agree not to (i) collect, copy or distribute the Picvario’s materials; (ii) resale, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Picvario’s materials; (iii) use any data mining, robots or similar data gathering or extraction methods on or in connection with the Picvario’s materials; (iv) use our products and services and any Picvario’s materials in any way other than for their intended purposes.
You acknowledge and agree that you may create a hyperlink to this web site only if provided such a link you do not present Picvario or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Picvario at any time.
If you violate the conditions of the Restrictions 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.
You acknowledge and agree that (i) you are solely responsible for the user content that you post or transmit using our products and services; (ii) Picvario is not liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Picvario’s products and services; (iii) the Picvario’s products and services, and any other materials, are provided «as is» and «as available» without any warranty or representations of any kind, whether express or implied; (iv) Picvario does not warrant as to the operation or availability of the app, or the information, content, and materials or products included thereon (v) Picvario is a distributor and not a publisher of the content supplied by third parties and exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise; (vi) no oral advice or written information given by Picvario or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty; (vii) Picvario does not warrant that the Picvario Service will be uninterrupted, uncorrupted, timely, or error-free; (viii) Picvario does not warrant that the Picvario’s servers or emails sent from Picvario are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; and (ix) Picvario is not responsible for typographical errors or omissions relating to pricing, text, photos or videos.
You acknowledge and agree (i) that by registering for an account, you represent and warrant that you are at least 16 years of age and that all information you provide in the registration form is complete and accurate; (ii) that Picvario reserves the right to refuse access to its products and services to anyone at any time, with or without cause at its sole discretion; (iii) to keep your registered email addresses and other registration data current and complete; and (vi) by registering an account, you consent to receive communications from Picvario.
You acknowledge and agree that (i) you are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the account; (ii) you accept responsibility for all activities that occur under your user account; (iii) the content that you post, upload or otherwise make available via the Picvario’s application may be accessed, used and downloaded by other Picvario’s users.
We use commercially reasonable security measures to protect your user account consistent with your. We cannot, however, guarantee absolute security of your account, your user content or the registration data we collect, and we cannot promise that our security measures will prevent third party «hackers» or other unauthorized parties from illegally accessing the Picvario application or their contents. You acknowledge and agree that Picvario is not responsible or liable for any third party access to or use of the user content you post or your registration data.
You acknowledge and agree that (i) in the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Picvario without any compensation or credit to you whatsoever; and (ii) Picvario and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
h.Third Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services («Third- Party Services»).
You acknowledge and agree that (i) Picvario shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof; and (ii) Picvario does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
i.Advertisements & Promotions
You acknowledge and agree that (i) the Picvario web site or application may contain third party advertisements generated by third party service providers; (ii) your business dealings or interactions with any third parties, including the Picvario users, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
You acknowledge and agree that (i) Picvario may include contests, promotions, sweepstakes, or other activities that require you to submit material or information concerning yourself; (ii) all promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location; (iii) you are responsible to read all promotions rules to determine whether or not you are eligible to participate; and (iv) if you enter any promotion, you agree to abide by and to comply with all promotion rules.
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.
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) these Terms 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 Russia and provided for access and use primarily by persons located in Russia and is maintains compliance with Russia laws and regulations. If you use the Picvario application from outside Russia, you are solely and exclusively responsible for compliance with local laws.
III. Subscription Service
The Subscription Services are available to users (i) who register for a free trial (when available) or for a subscription to the Subscription Services and (ii) who pay in full the Subscription fees applicable to the level of Subscription selected by such user.
When you first register for the Subscription Services, Picvario may offer you the ability to use the Subscription Services without charge for a limited trial period. The duration of a Free Trial will be the number of days specified by Picvario at the time of your registration for such Free Trial. At the conclusion of your Free Trial, your user account will automatically terminate unless you elect to continue to use the Subscription Services by selecting a Subscription Plan and providing Picvario (or our applicable third party payment processor) with valid Payment Information.
c.Term and Automatic Renewal
Your Subscription is valid commencing on the date in which Picvario provides you with access to the Services pursuant to its receipt of your valid Payment Information and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services.
Your subscription will automatically renew at the end of each subscription term for successive subscription terms of the same duration as the subscription term originally selected unless the subscription is terminated and/or canceled by you or Picvario prior to the end of such subscription term. Such renewal will occur automatically on the applicable anniversary of the commencement date. You may cancel your subscription at any time prior to the end of the subscription term through your account settings in the subscription section, or by sending an email to firstname.lastname@example.org providing clear written notice of such request.
d.Termination of Services
You acknowledge and agree that (i) the Terms 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) the Terms will terminate immediately, without prior notice from Picvario, in the event that you fail to comply with any provision of the Terms; (iv) you may terminate the Terms by deleting the application and all copies of same; (v) upon termination of the Terms, 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 the Terms 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 the Terms) of any of your obligations under the Terms; (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.
e.Use of User Information
You acknowledge and agree that (i) in the event that you obtain access to any Picvario user information, whether directly from Picvario or otherwise, including user names and emails, you may not use any such User Information in any manner except as may be specifically authorized by Picvario to carry out the purpose for which such User Information was provided; and (ii) without limiting the foregoing, you may not share such User Information with any third parties.
IV.Terms of Sales
a.Returns and Refunds
If you are unsatisfied with any Picvario’s product you have purchased, we will gladly accept the return of any product you have ordered for any reason within thirty (30) days of your receipt of the product. Upon completion of the return procedure and receipt of the returned product, we will resend you the product or issue you a full refund of the purchase price paid for such product, whichever you prefer.
You acknowledge and agree that (i) we do not provide refunds for your original shipping cost unless your order is physically defective in some manner; (ii) if you are unsatisfied with a product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such product at our discretion depending on the circumstances. To request a refund or replacement for any product, please contact us at email@example.com
b.Disclaimer of Warranties
You acknowledge and agree that (i) the foregoing right to return any order within thirty (30) days is your sole and exclusive remedy, and Picvario’s sole and exclusive liability, with respect to the purchase of any products using the services, and Picvario expressly disclaims and excludes all warranties, express or implied, regarding the purchase of any products.
For these Terms:
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.