Picturex: Terms of Use / AGBs

Simply put: MIT Public Cloud Services GmbH. (collectively, "we" "us" or "Picturex") is a group photo service that lets you stay in touch with groups of people via mobile phones and or Website. Picturex is currently provided as a free basic service and in app purchase for extended service. We appreciate responsible usage of the service and hope you enjoy it! By the way, if you don't agree to the terms of service below, don't use the service!
TERMS OF SERVICE
The following terms and conditions govern all use of the Picturex service including without limitation this website (https://picturex.ch) (collectively the "Service"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies (including, without limitation, Picturex's Privacy Policy https://picturex.ch/privacy) and procedures that may be published from time to time on this website by Picturex (collectively, the "Terms").
AGREEMENT TO BE BOUND
Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. Picturex may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended Terms.
The Picturex application allows for the purchase of some content and services from time to time or on Demand at the sole option of the user. However, there is no requirement or obligation for any user to purchase anything through the Picturex application in order for the user to make use of the free offering of the Service.
ABILITY TO ENTER INTO THIS AGREEMENT
The Service is available only to individuals who are at least thirteen (13) years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.
PICTUREX SERVICE
The Service enables you to create unique groups with friends, coworkers, and other individuals and then allows you send Pictures to individuals you or others add to the group. Picturex recommends that you go to https://picturex.ch and download the Picturex application for Picture/Photo sharing. Please note that any Picture uploaded to the unique group of people appear to every individual in the group.
PICTUREX PICTURES AND CONSENT
Consent to add group members. Picturex makes it easy for you to add group members to your groups so that you can exchange Pictures with each other. YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO BE ADDED TO THE GROUP AND TO RECEIVE ADMINISTRATIVE MESSAGES FROM PICTUREX AND PICTURES FROM YOU AND ANYONE ELSE IN THE GROUP.
Consent to receive periodic messages from Picturex. As part of the Service, Picturex sometimes causes administrative messages to be sent to members of the group. For example, upon adding a new member to a group, such new member could receive a welcome message, instructions on how to stop receiving pictures, and information on how to avoid certain charges by downloading the Picturex app. Picturex also may inform group members who have not contributed that they automatically will be removed from the group if they do not participate. Picturex may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM PICTUREX, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM PICTUREX.
Stopping Picturex messages: Terminate the Service by login out or deinstalling the application.
TEXT MESSAGING, NOTIFICATION AND DATA PROVIDER FEES
Picturex does not charge a fee to use the Service, but any text messages or other notification services sent and/or received are subject to standard text messaging or Data Provider rates as well as Data Traffic send or received via any Kind of Data Provider (Mobile or Internet Provider). Additionally, text messages or other notification as well as Data Traffic sent and/or received count towards a monthly quota as any other messages, notifications or Data Traffic do. Any users, whether sending or receiving text messages, notifications or Data Traffic with Picturex, should be aware that standard text messaging or Data Provider rates may apply. Please be aware that texting or Data Traffic charges can fluctuate internationally. Text messaging notification or Data Traffic rates can normally be found by asking your provider.
SMS USAGE POLICY
This SMS Use Policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.
Picturex is primarily intended for use with our downloadable application. The ability to send SMS for inviting People messages is only an additive benefit.
PICTUREX ACCOUNTS AND USE OF SERVICE
If you create an account on Picturex or use on of the Standard Login Provider, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us or the Login Provider of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will neither falsify your phone number or your email address nor spoof another individual's phone number or email address. Third party vendors may further restrict your use of the Service.
USER RESPONSIBILITIES
If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by Picturex. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties. Using the Service means that you will:
  • only send messages to people who have expressly agreed to receive text messages from you, other members of the group, and Picturex;
  • comply with all applicable laws and regulations;
  • not infringe on the intellectual property or privacy of others;
  • only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
  • ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;
  • ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • comply strictly with any carrier agreements and terms associated with your mobile device; and
  • not attempt to disrupt the Service.
LICENSE TO SOFTWARE
Picturex's affiliate company, MIT Public Cloud Services GmbH, may make available software to enable use of the Service (the "Software"). If Software is made available to you through the Service, your use of the Software is subject to the terms of the end-user license agreement (if any) that accompanies the Software; or, if no end-user license accompanies the Software, then subject to the terms and conditions of this Agreement, MIT Public Cloud Services GmbH grants to you only a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on a single personal computer or Mobile Devide in accordance with its documentation (if any), solely to enable your use of the Service. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.
CONTENT
Any Content transmitted by groups is not representative of our opinions including our employees. Links may be transmitted in groups, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms.
CONTENT LICENSING
By using Picturex and submitting Content to a group, you grant us a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Picturex has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in Picturex's opinion, violates any Picturex policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Picturex's sole discretion. This may include modifying or stopping the Service in its entirety.
COPYRIGHT CLAIMS AND DMCA POLICY
We respect the intellectual property of others. If you think material shared in a Picturex group violates any of your copyrights, please contact Picturex. info@picturexapp.com We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, Picturex will terminate that user's access to Picturex.
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
Picturex may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Picturex reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.
PRIVACY POLICY
Messages transmitted via Picturex are subject to the Picturex Privacy Policy, available online at https://picturex.ch/privacy
TERMINATION OF PICTUREX SERVICE AND CREDITS
We reserve the right to terminate or change the Picturex service and credit system at any time, with or without cause, with or without notice, effective immediately. Existing credit amounts per user can be used until the Picturex service is terminated or changes are applied.
TERMINATION OF ACCESS TO CONTENT AND SERVICE
We reserve the right to block access to any content and to terminate your or any group member's access to the service at any time, with or without cause, with or without notice, effective immediately. Should you wish to terminate your use of the Picturex service, simply delete your user profile (your profile > delete account). Provisions of the terms which on their face are intended to survive shall survive such termination. Your access to content may be terminated.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICTUREX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PICTUREX DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICTUREX OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
NEITHER PICTUREX NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PICTUREX HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL PICTUREX'S OR OUR AFFILIATES', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO PICTUREX FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify and hold harmless Picturex, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
FORCE MAJEURE
We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
MISCELLANEOUS
These Terms constitute the entire agreement between Picturex and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Picturex, or by the posting by Picturex of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
DISPUTE RESOLUTION:
CHOICE OF FORUM AND LAW
Except to the extent applicable law, if any, provides otherwise, and except as set forth below under the Arbitration and Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in state or federal court in Switzerland. This Agreement, and all access to or use of the Service, shall be governed by the Swiss law.
ARBITRATION AND CLASS ACTION WAIVER: IMPORTANT PLEASE READ CAREFULLY
GENERAL:
You agree that, unless prohibited by applicable law, the parties to the Terms may elect to arbitrate - and require the other party to arbitrate - any claim arising out of or in any way related to this Agreement or the Service.
IMPORTANT NOTICE AND LIMITATIONS:
If you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
STARTING AN ARBITRATION:
To start an arbitration, you or we must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If such a notice is given, the claim shall be resolved by arbitration under this Arbitration Provision and the consumer or other applicable rules of the American Arbitration Administration then in effect using a single arbitrator appointed by the American Arbitration Association and approved by you and us. For more information please see www.adr.org.
NO CLASS ACTIONS:
Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
LOCATION AND COSTS:
Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot afford or otherwise do not want to pay the Administrator's or arbitrator's filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration, as determined by the arbitrator. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable.
SURVIVAL, SEVERABILITY, PRIMACY:
This Arbitration Provision shall survive the termination of your use of the Services, the Terms themselves and, the fulfillment of all our and your obligations under the Terms*
Updated October 2014.
© 2016 MIT Public Cloud Services GmbH
IMPORTANT NOTICE: WE HAVE UPDATED OUR TERMS OF SERVICE https://picturex.ch/agbs
By using Picturex you are indicating that you have read, understood, and agree to the updated Terms of Service.