PicBot Terms of Service
- Acceptance. By using this Application (as defined below) or installing any part of it on your mobile device, you expressly agree to, and consent to be bound by, all of the terms of this agreement (these “Terms and Conditions”). Please review these Terms and Conditions carefully before installation and/or acceptance.
- Definition. The term “Application” shall mean the self-contained program and software provided by rawrmaan, LLC ("PicBot"), and shall include any updates or and all related software and documentation which allows users to upload photos and enables users to vote, react, share, or otherwise provide comments on photos (the “Service(s)”), whether such software be accessed from PicBot's website located at picbot.co or on a mobile device.
- Updates. In connection with the mobile Application provided under these Terms and Conditions, PicBot may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. You agree that PicBot may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
- Proprietary Rights; Licenses; Your Content.
- Proprietary Rights of PicBot. You hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application together with the underlying software code are owned either directly by PicBot and/or its licensors. You further agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
- License to Use Application. PicBot hereby grants you a non-exclusive, royalty-free, revocable license to use the Application for your personal use in accordance with these Terms and Conditions; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Application.
- No Infringing Material. You hereby represent and warrant that you will not provide, deliver, or upload to PicBot, using the Application or otherwise, any data, image, file, document, or other content that infringes on the intellectual property rights of a third party (“Infringing Material"). Any drawings, images, photos, patterns, or designs (“Content”) that you upload to PicBot through the Application must be your original works, public domain works, or you shall have obtained a license to use such work(s). You are solely responsible for your own Content and the consequences of submitting and publishing your Content on PicBot. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and for PicBot to display your Content through the Service; and you license to PicBot all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Application pursuant to these Terms and Conditions.
- You Own Your Content. License to PicBot. You retain all of your ownership rights in your Content. However, by submitting Content to PicBot, you hereby grant PicBot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and PicBot's (and its successors' and affiliates’) business, including without limitation in connection with the promotion of the Service through any medium PicBot chooses. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms and Conditions. You understand and agree, that PicBot may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted by you from the Service.
- No Endorsement. PicBot does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and PicBot expressly disclaims any and all liability in connection with Content. PicBot does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and PicBot will remove all Content if properly notified that such Content infringes on another's intellectual property rights. PicBot reserves the right to remove Content without prior notice.
- Restrictions of Use. Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for your use of the Application. The following uses of the Application are expressly prohibited:
- Any use of the Application which in our sole discretion, degrades the reliability, speed, or operation of the Application or any underlying hardware or software thereof;
- Any use of the Application which is unlawful or in violation of these Terms and Conditions;
- Any use of automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of PicBot's websites;
- Any use of your account to breach security of another account or attempt to gain unauthorized access to any portion of the Application to which you do not have access;
- Any interference with anyone else’s use and enjoyment of the Application;
- Uploading any content that is pornographic, disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Uploading any content that you don't have the right to transmit under law (such as Infringing Material, including without limitation, copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Uploading any content that contains any form of commercial advertising or any other form of SPAM; and
- Uploading any proprietary or confidential information of your own or others.
- In-App Purchases.
From time to time, PicBot may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by PicBot (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or the PicBot application from your device.
- Termination of Use. You agree that PicBot may, in its sole discretion, terminate or suspend your access to all or part of the Application or the Services with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that PicBot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Application. PicBot shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
- Disruption of Services. You acknowledge and agree that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which PicBot may undertake from time to time, service malfunctions and causes beyond the reasonable control of PicBot or which are not reasonably foreseeable by PicBot, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
- Privacy. Use of the Application allows PicBot to gather information from and about you. This information is subject to PicBot's privacy policies (https://www.picbot.co/privacy.html).
- Disclaimers. THE SERVICES AND APPLICATION ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS OF DATA TRANSMISSION, ACCURACY OF DATA OR DATA SETS, OR UPTIME AVAILABILITY. PICBOT DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS. PICBOT DOES NOT WARRANT THAT THE SERVICES WILL ACCOMPLISH ANY OF YOUR SPECIFIC OBJECTIVES OR WILL OPERATE ERROR FREE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, YOU WILL NOT HOLD PICBOT LIABLE FOR ANY FAILURE OF THE APPLICATION OR SERVICES. YOU AGREE THAT PICBOT SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS, THAT ARISE DURING THE TERM OF THIS AGREEMENT THAT CANNOT BE PREVENTED OR MITIGATED BY PICBOT.
- Limitation of Liability. You acknowledge and agree that in no event shall PicBot be liable for any indirect, special, incidental, consequential (including, without limitation, lost profits, business interruption, or lost information), or other damages based in contract, tort or otherwise, rising out of your use of or inability to use the Application or the Services, even if PicBot has been advised of the possibility of such damages. You further acknowledge and agree that PicBot is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
- Indemnity. You agree to defend, indemnify and hold harmless PicBot, its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) you, or your employee’s, agent’s, or a third party’s use of the Application or Services under these Terms and Conditions, (ii) any violation of law by you, your employees, or agents, or (iii) any Infringing Material that you provide to PicBot. This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Services.
- Service Provider. You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Application. Consequently, you may be charged by your Mobile Provider, or any applicable third parties, for access to its/their network connection services while you are accessing the Application. You accept responsibility for any such charges that arise.
- Digital Millennium Copyright Act. PicBot respects the intellectual property rights of others and asks you to do the same. If you believe that your copyright, trademark or other property rights have been infringed by another user’s use of the Application, you should send notification to PicBot's Designated Agent (as identified below) immediately. To be effective, you must do each of the following in your notification:
You understand and agree that upon receipt of a notice of a claim of copyright infringement, PicBot may immediately remove the identified materials from the Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item a. above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document.
- Send the written communication to the following e-mail address:
Designated Agent for Claimed Infringement:
Contact: Arman Dezfuli-Arjomandi
- General Provisions.
- Security and Password: You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. You may not transfer or share your account with anyone, and PicBot reserves the right to immediately terminate your account if you do transfer or share your account.
- Entire Agreement; Amendment. These Terms and Conditions constitute the entire agreement between you and PicBot with respect to the subject matter hereof, and replace, amend and supersede any prior agreements between you and PicBot pertaining to the subject matter hereof.
- Governing Law. These Terms and Conditions will be governed and construed under the laws of the State of Utah without regard to conflict of laws.
- Waiver/Severability. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms and Conditions shall remain enforceable.
- Force Majeure. If the performance of any part of these Terms and Conditions is prevented, hindered, delayed or otherwise made impracticable by reason of any cause or event not within the reasonable control of such party and without its fault or negligence, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.