PIC YOUR LIFE
V1.00, Last Updated October 21, 2018.
You do not need to agree to these terms of service, but without your consent you cannot use our service.
When you use PicYourLife, you provide us with the permission to use your images and data in order to provide the service and share photos with your friends and contacts.
You also provide us with the right and license to allow your friends to use these images.
We do not take away your ownership of your images. You are the only owner and you are the only person who can decide what to do with them. When you request us to do so, we will remove any images that you uploaded.
As the interaction between yourself and your friends is made using our application, you grant us the right to use and process this information for the purpose of providing the services.
You agree that we cannot be held liable for damages caused using the service, and that our maximum liability under law shall be capped at the amount you actually paid us during the 12 months prior to each event.
Now, please read the full terms, as they represent your only agreement with us.
Who Are We?
We are Pic Your Life Ltd., an Israeli Limited Liability Corporation. We are the sole owners of the PicYourLife application and platform.
Who Can Register? Eligibility
We provide the service for adults, who are natural persons, not corporations, who have a valid personal email account. Businesses may not use our service, and we do not allow business use of our service, meaning that you cannot use it to build your business, use it to interact with customers or otherwise use it as a part of your regular business.
The use of the service is prohibited for people who reside in proscribed states, such as North Korea, Iran, Lybia and South Sudan, and is also prohibited for members of terrorist organizations or people who are prohibited under law into entering in an agreement with us.
If you are a minor, you cannot use our services.
How To Register
In order to register to our services, you will be required to provide us with true and accurate information regarding your account, including your email and contact information.
We may require that you authenticate your email by sending you a link to verify your identity.
A material portion of our service is inviting your friends and contacts to share an album with you; we will provide you a link to send to these contacts, which may be sent by email, instant messaging or other methods.
You bear sole responsibility to keep these links secure, as people may abuse these links if they receive access to it.
Moreover, you may not use the link to spam people or to send them unwanted invitations.
The Services we provide are as specified herein; where, we may add additional services or deprecate services from time to time, all with accordance to these terms.
We may allow you to create, manage, name, and delete photos shot by yourself. When managing these albums, you may be able to view information relating to your contacts, their interaction with the albums and other materials uploaded to an album.
Please be aware that we might change the quality of images you share via the service in order to save space.
Sharing With Contacts.
We may allow you to share and manage images and albums with your friends and contacts, including sharing images with specific friends.
Sharing With External Third Parties.
We may allow you to share albums and images with external third parties such as print services, social media sites or other entities who may or may not be in a contractual relation with us.
The Rights You Grant Us
This content policy applies both to the content you submit through the service for us to use, and for content others submit that you may use.
By either providing us with visual, textual, audiovisual, or other material or by using our service to share content, You hereby accept this content policy as set forth. You acknowledge that any violation of the content policy may cause termination of your service, removal of your content and legal action by both ourselves and the person whose rights were infringed.
For the purpose of this policy, the term Content shall refer to images and/or text and/or videos used by yourself while creating content through the service and published through it.
License. You hereby warrant that you are the sole owner and proprietor of any Content you distribute through the service, or that you are allowed to post it under this content policy. You hereby grant us an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use your Content and to allow users to view and share your Content according to the functionality of service and through other third party services, including the creation of derivative works and the creation of three dimensional works.
Your License To Other Users. You hereby grant the people you added to each album the right, and they grant each other member of that album the right, in the Content they uploaded to that album, to use, view, download and share the Content.
Publicity License. You hereby grant us the permission to use your name, image, information and likeness in relation to the content you posted. Meaning, that we may use your face, photos and profile photo to promote the Content.
Offensive Content. You hereby warrant that your Content is not offensive and does not infringe the right of any third party, including, but not only:
Intellectual Property Infringing. Your content does not infringe any third party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
Pornography. Your Content does not contain any text, image or depiction including extreme nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene. We may allow artistic nudity and non-pornographic use of exposed bodies.
Slanderous. Your Content does not slander, defame or otherwise harm the good name of others.
Hate Speech and Racism. Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group.
Warranty. You hereby warrant that you are either the sole proprietor or a designated licensee of your Content and that no other party's rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against You or threatened against You for publishing content through the service.
Notice & Takedown. In order to protect your rights, we have set up this Notice and Takedown Mechanism to help you protect your Content and to ensure that no unauthorized use is made.
Prescreen and Moderation. You acknowledge that we cannot pre-screen all Content, but that we shall have the right (but not the obligation) according to our sole discretion to refuse or remove any Content. We shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable, or for any other reason.
Disclosure of Content. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety. You understand that the technical processing and transmission of the service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless. You agree and warrant to hold us and our users harmless and to immediately indemnify us for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these Terms of Service. You also agree to indemnify us for any third party claim for copyright infringement due to their use of Content made available by You.
Takedown. We value your right and others rights, and therefore shall comply with all state regulations regarding third party rights. Should you encounter any Content which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer at: firstname.lastname@example.org.
We shall examine your complaint and shall forward it to the user who published said content for his answer, if possible.
Should Your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the user which you reported as infringing.
In your complaint you will be required to provide us with: (i) a written statement regarding what content infringes your rights and proof that You hold those rights; (ii) what is the exact item identifier and/or number; (iii) notification that you believe that the use made by the content is not considered fair-use, criticism, consumer protest or any other protected speech.
Moderation. Pursuant to any report, and promptly thereafter, we will moderate the Content and review your request; we shall notify the user who posted the Content on your complaint, by electronic mail, including your information and request his response, if possible.
Removal or Restoration. Should the user who posted the content fail to respond within 96 hours, we shall remove the content; had he responded, we shall inspect his response and should any material questions of fact or law arise, we shall forward his personal information to you.
What Happens If You Delete Your Account?
If you delete your account, it does not mean that you terminated all outstanding licenses you granted us and to your contacts and friends via shared albums. Therefore, unless you specifically requested us to do so, we will not delete any Content from albums. If we will delete Content following your request, we will let the other members know.
Fees And Payment.
We may charge fees from time to time, and according to rates that are set in our app and other media. We will not charge any fees that you did not pre-approve and will not recur any payment before we notified you at least seven days in advance.
Fees are paid for services as they are given, and therefore are non-refundable. We may choose to refund you, however, in case we believe that such refund is just.
Our Software License.
We provide you with a limited, non-sublicensable, temporary, license to use our software. You may not provide any person with a copy of our software, nor may you reverse-engineer, decompile, circumvent or otherwise attempt to make our software’s source code or features available. You may not attempt to obtain Premium functionality without a Premium account. We may revoke your license at any time and for any reason.
We May Make Mistakes.
We supply the service on an “as-is” and “as-available” basis. Your use of service is at your own risk and under your liability. We make no warranty that (i) the service will meet your requirements and (ii) the service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected.
For no case and for no reason shall we be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. We provide Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including loss of your funds, damages to virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use services. Our liability for direct damages shall be limited to the fees that you actually paid us during the 12 months prior to the event causing the damage.
You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the services in direct violation of these terms of service, including any false representation.
The services are provided without any support currently, and where we do not warrant that they will be available.
We shall have the right to terminate your use of the service or to terminate the service at any time and by providing a 30 day prior notice.
Moreover we may terminate your use of the service at any time and without prior written notice in any case where you breached these terms and such breach may cause us irreparable harm.
We might disable the service from time to time for scheduled backups, maintenance or upgrades. In some extreme cases, where urgent maintenance is required, we may disable the service immediately and without notice.
Amending These Terms.
We may amend these terms from time to time, provided that you shall be informed through electronic communication on such amendment and shall be granted to option to terminate your agreements with us by providing a 30 days prior written notice.
Governing Laws, Jurisdiction, No Class Action.
The laws of the state of Israel shall exclusively govern these terms of service. Any dispute you may raise against us must be brought solely in the competent courts of the Tel-Aviv district. You undertake to initiate only suits on your behalf and not to file any class action lawsuit against us.
You are not required under law to provide us with any information. However, if you do not provide us with such information we will not be able to provide you with the services.
What Personally Identifiable Information Do We Retain? We collect some raw information which may be considered as personally identifiable, which is technical information about your device, such as your IP address, your operating system and other technical information. Moreover, when you register, we may retain the information you provided us at registration, including your name, photo and email address. We also store a hashed password and a copy of your images.
How Do We Process This Information? We use the information to provide you with the services, display ads and to improve the services. These are the only purposes which the information is used for. We do not spam, we do not sell your data, we do not collect personal data for behavioral targeting.
Who Are The Third Parties Who Have Access To This Information? We provide access to our employees, who are under strict confidentiality obligations, and to several third parties who provide us with services. Moreover, when you share an album or participate in a shared album, we may share this information with other users who are members of that album.
We use the following third party services: firebase as a database service, Google Analytics to provide us insights about your usage of the services, Crashlytics to improve the services and Google Play Services to contact you. We also use Google Ads and Google Pay for advertisements and payments. Each of these services is obligated to maintain the integrity and confidentiality of your personal data, all with accordance to their privacy policies.
Can We Contact You With Promotional Offers? Yes. We may use the information you provided us, including your email address and phone numbers to provide you with promotional offers and newsletters. We may also contact you if we believe your account was compromised.
Can You Review or Remove Your Information? Yes. You can always review your information using our software and panel or by sending us an email. You can also request to delete all relevant information.
Compliance With Law Authorities. We comply with competent and authorized law authorities and shall provide them with information should we receive a valid request.
What Happens When You Close Your Account? If you chose to close your account we will still retain personal data, until we receive a request from you to delete it.
How Do We Deal With Privacy Complaints? Our privacy officer receives complaints and shall review them in accordance to the law; we will update you when the complaint was resolved.