Simply put: MIT Cloud Innovation AG (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
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.
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.
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 Cloud Innovation AG, 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 Cloud Innovation AG 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.
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.
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. email@example.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.
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.
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.
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.
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.
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
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*
Acceptance of Terms
MIT Cloud Innovation AG ("Picturex," "us," "our," or "we") provides the Picturex application on all platforms on which it is now or may in the future become available (the "App"), the related services (the "Picturex"), and the Picturex Web site, located at http://picturex.ch, any Group Album (as defined below), or any successor sites (collectively, the "Site") to you, the user of the App, the Picturex and/or the Site ("you," and "your"), subject to these Terms of Service (these "TOS").
Picturex has the sole authority and discretion to license to you the App, which licenses are also governed by the terms of the Licensed Application End User License Agreement found under "Terms of Service" in the Windows Phone Store for applications on Windows platforms. As the App becomes available on other platforms any platform-wide terms of service and privacy policies will also govern you use of the App on those platforms (collectively, "Other Agreements"). These TOS amend and supplement the Other Agreements, and to the extent that these TOS contradict or are inconsistent with the Other Agreements, these TOS control and prevail. We reserve the right to change, modify and update the App, or discontinue the App and the image storage service, at any time for any reason, without notice to you. We reserve the right to refuse the service to anyone and to discontinue or suspend the Picturex App, Site or Storage Service. at any time. We also reserve the right to deny you access to the App and the Picturex Site or Storage Service due to your unprofessional conduct or practices, complaints about you from other users of the App and the Picturex Site ("Users") or members of the public, and other actions of yours which we consider, at our sole discretion, to be harmful or disruptive.
2. User Signup.
We provide the App and the Picturex Site for your personal use. You are authorized to download the App via the Windows Store. In the future we may make the App available on other platforms or through other distribution methods. You acknowledge that by downloading an App via the Windows Store (or any other distribution method), you are subject to the policies, terms of service and other related policies and procedures of the Windows Store (or such other marketplaces). You are not required to register with us separately in order to download the App or to use the Picturex App. We do not charge you for downloading the App; however, we reserve the right to charge for the App, or certain features enabled by the App, at a future date, which we would do by advance written notice to you.
In consideration of your use of the App and the Picturex Site, you represent that you are of legal age to agree to these TOS and form a binding contract with us, and that you are not a person barred from using the App, receiving the Picturex or accessing the Site under the laws of Switzerland or other applicable jurisdiction. You are responsible for maintaining the confidentiality of personal or confidential information residing in your computer, cell phone or wireless device which you use to access and use the App, the Picturex and/or the Site (collectively, "User Devices"), and are fully responsible for all activities that occur through your User Devices, and through your use of the App, the Picturex and/or the Site. You agree to immediately notify us of any unauthorized use of the App or the Picturex or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of the App, the Picturex, the Site, your User Devices or any “Group Album” (including the contents thereof) to which you have uploaded any images taken by or residing within your User Device. As used herein, "Group Albums" means the specific web location you hosted by or on behalf of Picturex on which you may elect to post content using the App and use certain of the Picturex. By providing the login credentials to the App or a Site, you represent that you are the true and correct account holder of that Login Provider Account
3. Your Representations and Covenants.
Your use of the App, the Picturex and the Site is strictly subject to the following code of conduct at all times. By using the App, the Picturex and/or the Site, you represent and covenant that you will not:
- Transmit or post on any files, content, photographs or other images, videos, personal or technical data or any other type of information or data (collectively, "Content") which is false, inaccurate, misleading, defamatory, or libelous;
- Transmit any Content that you have no rights to, or for which transmission by you would constitute infringement of third party intellectual property rights;
- Use any Login Provider Account other than your own in connection with the App or a Site;
- Reproduce, transmit, distribute, create derivative works of, commercialize or otherwise exploit the Content of any third party who has posted on a “Group Album” to which you have been given access (whether because you have also posted Content on the same album or because you obtained access to such Group Album through other means);
- Transmit identification documents or sensitive financial information of yourself or any other person;
- Transmit any viruses, malicious code, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer, data or property, or transmit any other harmful or code technology;
- Bully, intimidate, or harass any User or member of the public;
- Transmit Content that is obscene, hateful, threatening, pornographic, or that contains nudity, partial nudity, sexually suggestive images, or graphic or gratuitous violence;
- Use the App and the Picturex Site to do anything fraudulent, unlawful, misleading, malicious, or discriminatory;
- Engage in any unruly, disruptive, unprofessional, or offensive conduct while using the App and the Picturex Site;
- Violate any laws, third party rights, or any of our Policies (as defined below);
- Engage in unlawful multi-level marketing, such as a pyramid scheme, using the App and the Picturex Site;
- Transmit unauthorized commercial Content or commercial communications (such as spam) using the App and the Picturex Site;
- Collect third party or our content or information, or otherwise access the App, the Picturex or the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express advance written permission;
- Do anything that could disable, overburden, or impair the proper operation of the App and the Picturex Site, such as a denial of service attack;
- Facilitate or encourage any violations of these TOS; and
- Use our Content or trademarks (including Picturex, Picturex and the Picturex logo and MIT Cloud Innovation AG), or any confusingly similar marks (other than as part of your authorized use of the App and the Picturex Site), without our prior written permission.
We may remove and/or block transmission of any Content or information that you transmit using the App, the Picturex and/or Site if we believe it breaches the above representations and covenants. We may also, at our sole discretion, with immediate effect and without advance notice to you, restrict or terminate your access to the App and the Picturex Site, if we believe that you have breached any of the above representations and covenants. All judgments concerning the applicability of the above terms to your activity shall be at our sole and exclusive discretion.
4. Usage of the Picturex and Site.
You acknowledge that MIT Cloud Innovation AG with Picturex APP may establish general practices and limits concerning use of the App, the Picturex APP and the Site at any time, at our discretion, including without limitation the maximum amount of Content which you may post to a Group Album, the amount of information that can be submitted by an account, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Picturex APP and Site in a given period of time. We may modify the Content posted to a group album to reformat it or reduce its size. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
5. Consent to Electronic Communications, Transmissions, Storage and Solicitation.
6. Release of Claims.
WE PROVIDE THE APP (INCLUDING THE ABILITY TO UPLOAD CONTENT TO GROUP ALBUMS), THE PICTUREX, AND ACCESS TO AND USE OF THE SITE FOR YOUR PERSONAL USE AND WE DO NOT ACCEPT RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY OR DAMAGES ARISING FROM, ANY COMMUNICATIONS AND RELATIONSHIPS BETWEEN USERS. IN THE EVENT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU HEREBY RELEASE US (AND OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, AGENTS, ASSIGNS AND EMPLOYEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
7. Intellectual Property Rights.
"Picturex," "Picturex Technologies," "Picturex Labs," "Picturex,", "MIT Cloud Innovation AG" and all other trademarks, service marks, slogans, tag lines, graphics and logos used in connection with the App, the Picturex and/or the Site are trademarks or registered trademarks of MIT Cloud Innovation AG or its affiliates. Other trademarks, service marks, graphics and logos used in connection with the App, the Picturex, the Site, any Group Album, or any platform on which the App may be made available are the trademarks of other third parties. Your use of the App, the Picturex or the Site in no way grants you any right or license to reproduce or otherwise use any of our trademarks, third-party trademarks, or any content developed by us or by third parties, except for the normal use of such marks as part of your authorized use of the App. All use of any such marks shall inure to the owner thereof. As between you and MIT Cloud Innovation AG with Picturex APP, you retain ownership of any Content that you post on any Group Album, subject to the following license: you hereby grant to Picturex a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, sublicenseable (through multiple tiers), transferable right and license to exhibit, distribute, display and perform (publicly and otherwise) and otherwise make Content that you elect to post to any Group Album(s) available on the Group Album(s) to which you posted such Content, and to reformat and modify such Content to meet any content size or formatting guidelines we may establish. Except as provided in the foregoing license, Picturex will not use any Content posted by you on any Group Albums without your consent. By posting Content to a Group Album, you grant to each other person who accesses the Group Album a worldwide, royalty-free, non-exclusive license to view, copy and display Content that you elect to post to any Group Album(s).
These TOS are terminable at any time by either you or Picturex. If you terminate these TOS, you agree to no longer access or use the App and the Picturex Site and you must delete all copies of the App from any User Device in your possession. You agree that any Content posted by you to a Group Album will, at Picturex’s discretion, remain in such Group Albums even after termination of these TOS, provided, however, that we may remove a Group Album and all Content therein at any time in our discretion. Should you choose to re-access the App, the Picturex and/or the Site in the future, your use will be deemed as your acceptance of these TOS in effect at the time when you re-access the App and the Picturex Site.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP ANDTHE PICTUREX SITE (INCLUDING GROUP ALBUMS), AND WITH RESPECT TO OUR ACCESS TO YOUR LOGIN PROVIDER ACCOUNT (INCLUDING ANY INFORMATION OR CONTENT OBTAINED BY US FROM YOUR LOGIN PROVIDER ACCOUNT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS, THE APP AND THE PICTUREX SITE, AND OUR ACCESS TO YOUR LOGIN PROVIDER ACCOUNT (INCLUDING ANY INFORMATION OR CONTENT OBTAINED BY US FROM YOUR LOGIN PROVIDER ACCOUNT) WILL NOT EXCEED TWENTY DOLLARS (20 CHF). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY CAUSES IT TO FAIL ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 ARE AN ESSENTIAL ELEMENT OF PICTUREX’S PROVIDING THE APP (INCLUDING GROUP ALBUMS) AND THE PICTUREX SITE AND THAT WITHOUT SUCH LIMITATIONS OF LIABILITY, PICTUREX WOULD NOT HAVE MADE AVAILABLE TO YOU THE APP (INCLUDING GROUP ALBUMS) AND THE PICTUREX SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ALL SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Disclaimer of Warranties.
WE PROVIDE THE APP AND THE PICTUREX SITE (INCLUDING GROUP ALBUMS) ( TO YOU "AS IS". WE DO NOT GUARANTEE THAT YOUR USE OF THE APP AND THE PICTUREX SITE (OR ANY GROUP ALBUM) WILL BE SAFE OR SECURE. USE OF THE APP ANDTHE PICTUREX SITE (INCLUDING GROUP ALBUMS) IS AT YOUR OWN RISK. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP,AND THE PICTUREX SITE (INCLUDING ALL GROUP ALBUMS), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF TITLE, OF QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF PERFORMANCE, COURSE OF DEALING OR OF USAGE OR TRADE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THE PICTUREX SERVICES, THE SITE OR ANY GROUP ALBUM, THAT THE FUNCTIONS CONTAINED IN THE APP AND THE PICTUREX SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP ANDTHE PICTUREX SITEAND CLOUD SERVICE PROVIDER WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP, THE PICTUREX SERVICES, THE SITE OR ANY GROUP ALBUM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APP AND THE PICTUREX SITE, OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, MIT Cloud Innovation AG, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TOS or of any applicable law by you, or due to or arising out of (i) any Content you submit, post, transmit, distribute, publicize or otherwise make available through the App (including posting onto Group Albums) and Picturex Site, or (ii) any of your actions when using the App and the Picturex Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us and provide us reasonable assistance in asserting any available defenses.
13. Governing Law.
These TOS will be governed by and construed in accordance with the laws of Switzerland
14. Venue; Agreement to Exclusive Jurisdiction; No Obligation for User Disputes.
You agree that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to these TOS or the use of the App and the Picturex Site ("Litigation") exclusively to courts located Switzerland. You agree to submit to the personal and exclusive jurisdiction and venue of the foregoing courts in any Litigation.
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.
Unless specifically provided otherwise, all notices to us under these TOS must be provided by Swiss Post mail at the sending party’s expense. We may provide notice to you by push notification through the App. Notices sent by mail shall be deemed effective three (3) days after the date of mailing. Notices sent by push notification in an App will be deemed effective one (1) day after the date of transmission of the notification. Our address for notices is MIT Cloud Innovation AG, Rebbergstrasse 20, CH-8832 Wollerau.
16. Additional Policies.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these TOS at any time, without notice to you. You can find the most recent version of these TOS at https://picturex.ch/agbs. You can determine when these TOS were last revised by referring to the "Last revised" legend at the top of these TOS. Any modifications to these TOS shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of these TOS whenever you use any Application and Picturex Site to check if they have been modified. You must review these TOS on a regular basis to keep yourself apprised of any modifications to these TOS. If you do not agree to any modifications to these TOS, your sole recourse is to immediately stop all use of the App and the Picturex Site. Your continued use of the App and the Picturex Site following the posting of any modifications to these TOS will constitute your acceptance of such modifications and of the revised TOS. If you have any questions regarding these TOS, please contact us at the contact information listed at the end of these TOS. None of our employees or agents have the authority to vary any of our Policies or these TOS.
The failure to act with respect to a breach by the other party or by others does not waive a party’s right to later take action with respect to such breach, or to take action with respect to subsequent or similar breaches.
You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations hereunder are freely assignable by us, by operation of law and otherwise, in connection with a merger, acquisition, or sale of assets, sale of stock, sale of business or similar transactions.
20. Legal Enforcement.
We reserve the right to take steps that we believe are reasonably necessary or appropriate to enforce or verify your compliance with any part of these TOS. You agree that we have the right, without liability to you, to disclose any of your personal information to law enforcement authorities, government officials and or a third party as we believe is reasonably necessary or appropriate to enforce or verify compliance with any part of these TOS. In addition, we may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of Switzerland, where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to Users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and others from Users violating these TOS. This may include sharing information with other companies, lawyers, courts or other government entities. Nothing in these TOS shall prevent us from complying with applicable laws.
21. Third Party Beneficiary Rights.
These TOS do not confer any third party beneficiary rights.
The following sections shall survive the termination of these TOS: Sections 3 through 27.
Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these TOS shall continue in full force and effect.
25. Entire Agreement.
These TOS and all Policies incorporated or referenced herein constitute the entire agreement between the parties with respect to the use of the App, the Picturex and Site and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written.
26. Contacting Us.
If you have any questions about these TOS, or to report any violations of these TOS or abuse of the App, the Picturex or the Site, please contact us at firstname.lastname@example.org. Also, if you have any questions regarding the use of the App, please contact us at email@example.com.
Updated April 2018.
© 2018 MIT Cloud Innovation AG
By using Picturex you are indicating that you have read, understood, and agree to the updated Terms of Service.