Pickture.com ("Pickture Site", or "Site") is owned by Raincat Online Service Unlimited and operated by Pickture EURL [One person limited liability undertaking under French law] (hereafter "Pickture", "we", "our" or "us"). "You" or "your" refers to an adult user of the site acting independently or as a parent or tutor for any minor who you allow to access the Service and for whom you shall be held strictly responsible.
Pursuant to the Children's Online Privacy Protection Act of 1998 concerning the private lives of children, Pickture does not accept the registration of users of less than 13 years of age. By registering on Pickture, you declare that you are more than 13 years old.
By using and/or visiting this site, including ANY CONTENT AVAILABLE ON PICKTURE.COM, YOU ACCEPT THE TERMS AND CONDITIONS OF USE (the "Terms and Conditions of Use") AND THE PICKTURE CONFIDENTIALITY POLICY ( http://en.pickture.com/help/policy), WHICH ARE STIPULATED ON THE SITE. If you do not accept one or the other of these, please do not use this site.
You understand that all the articles, photographs and images that you import onto the Website shall be available to the public. In addition, you indicate that you grant an irrevocable right, free of any fee, and license for the entire world, to use, reproduce, create derived works, distribute, publicly play, display, transfer, transmit, distribute, and publish any article, photograph or image imported onto the Website.
To access certain functions on the Site you must create an account. If we ask for registration information concerning you, you must provide true, accurate, complete and up to date information. You should quickly update your registration in order to ensure it is kept accurate, up to date and complete. You may not use the password belonging to another person. You are responsible for maintaining the confidentiality of your accounts and passwords. You accept to inform us immediately of any unauthorised use of your passwords or accounts or any other security violation. You also acknowledge that any failure to log out from your account at the end of each session may entail the unauthorised use of your accounts. We shall not be held liable for any loss or damage suffered due to the consequences of any failure on your part to comply with these requirements.
The technology and the related software for our sites and services are the property of Pickture. You accept to refrain from copying, modifying, hiring, loaning, selling, assigning, distributing, reverse engineering, or transferring any intellectual property of Pickture. You accept to refrain from modifying the underlying software of our sites in any form or manner or using modified versions of such software, including (without limitation) with the aim of obtaining unauthorised access to our sites.
1) To defame, abuse, harass, stalk, threaten or otherwise violate the rights of others
2) To publish, post, upload, download, email, distribute or broadcast (collectively "Transmit") any inappropriate, blasphemous, defamatory, obscene or indecent information or illegal content
3) To transmit files that contain a virus, corrupted files or any other software or similar program that may damage or impede the operation of the computer belonging to another person, our sites, any software or similar telecommunications equipment or device
4) To advertise or sell property or services for commercial purposes unless you have written authorisation to do so
5) To transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional material, or chain letters
6) To upload or download any file that you know or might reasonably be expected to know to be legally obtained in another manner
7) To falsify or remove any reference to the author, the legal notices or designations of origin or the source of software or any other copyright material
8) To restrain or impede any other user from using and enjoying a public area on our sites
9) To collect or store personal information regarding other end users
10) To interfere with or disrupt our sites, servers or networks
11) To usurp the identity of any person or entity, including, but not limited to, a representative of Pickture, or falsely announce or denature your registration to another person or another entity
12) To subvert logins or other data with the aim of concealing the origin of content transmitted on our sites or concealing your presence on our sites
13) To take any measure that imposes an unreasonable or disproportionate load on our infrastructure
14) To engage in any illegal activities.
If you choose a user name which, at our sole discretion, is considered to be obscene, indecent, insulting or that may subject us to public ridicule or misgiving, we reserve the right, without notice, to automatically alter your user name, delete your messages and/or your account from our sites, refuse you access to our sites, or any combination of the above actions.
1) The Pickture site may now or in the future allow the presentation of a photograph or other content submitted by you and other users (the "User submissions") and host, the sharing and/or the publication of User submissions. You understand that such submissions are published, Pickture does not guarantee any confidentiality with regard to said submissions.
2) You shall be solely liable for your User submissions and the consequences of their publication. Under the terms of User submissions, you state, represent and/or guarantee that you hold the licences, rights, consent and permissions required to use and authorise Pickture to use all the patents, trademarks, commercial secrets, authors' rights and other copyrights for your User submissions and in his way allow the inclusion and use of the User submissions in the manner intended by the Site and these Terms and Conditions of Use.
3) Pickture makes no claim for ownership of the User submissions. However, with regard to the User submissions or content that you provide for submission to the areas accessible to the public, you grant to Pickture a right throughout the world, free of any fees and with exclusivity, to use, distribute, reproduce, modify, adapt, publicly play and display this content on the service and framework of the Pickture site, including, without limitation, for the promotion and redistribution of all or part of the Pickture Site (and the derived works thereof) in any media formats and through any media channels. This licence is valid as long as you choose to continue to include such Content on the Service and shall terminate at the moment that you delete, or Pickture deletes, this Content from the Service.
4) Under the terms of User submissions you also accept that you must not:
- Submit material that is protected by copyright, protected by commercial secret or otherwise subject to exclusive rights of third parties, including the private life and rights to publicity, unless you are the owner of these rights or you have the authorisation of the legitimate owner to publish the material and grant to Pickture all the licence rights granted by these terms and conditions; publish lies or false declarations that may implicate Pickture or a third party
- Submit any material that is illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racist or ethnically offensive, or that encourages behaviour that might be considered as a criminal offence, that may give rise to civil, commercial or criminal liability, or break any law
- Submit advertising or invitations to business
- Usurp the identity of another person.
5) Our policy is to respond to any declarations of infringements to comply with the Digital Millennium Copyright Act. The images referenced, accessible or made available on these pages or by means of the Pickture Service are protected by copyright and brands in Europe and other countries. You may be required to obtain authorisation from the owner of the materials before using them for other purposes than displaying them on the Internet. For authorisation to use an image, please contact the owner of the image as indicated on the source site. Pickture cannot give you authorisation to use protected images. We cannot guarantee that the Pickture Service shall not host involuntary or reprehensible content and Pickture accepts no liability for the content of any site included in a Pickture article or linked to the Pickture Services, or for the use of this content. Pickture reserves the right to delete any images or content without warning, from any user, or third party. We shall study any allegations of infringement of copyright received and delete the content reputed to have been published or distributed in breach of these laws. To make a request please provide us with the following elements:
- A physical or electronic signature of the copyright holder or the person authorised to act in their name
- A description of the protected work that it is claimed has been infringed
- A description of the subject of the fraud and reasonably sufficient information to allow Pickture to localise the content including the URL of the page/pages concerned
- Your contact information, including your address, telephone number and email
- A declaration in your name that you are acting in good faith and that the use of the content is not authorised by the copyright holder, their agent or the law
- A declaration that the information contained and the notification are accurate, and, that you are aware of the conditions for action and the penalties in the event of a false declaration, that you are authorised to act in the name of the owner of the copyright
Requests can be sent by email to copyright@Pickture.com
6) You understand that when using the Pickture website you will be exposed to User submissions from a variety of sources and that Pickture is not responsible for the accuracy, the usefulness, the security or the intellectual property rights of or relating to such submissions. You understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent or shocking, and you accept to renounce, and renounce hereby, seeking any legal recourse or out of court settlement involving Pickture in this regard, and accept to compensate Pickture, its owners/operators, affiliates and /or licence holders, to the extent permitted by law with regard to any questions relating to your use of the site.
The Site may contain links to other third party sites that are not held or controlled by Pickture. Pickture has no control over these sites, and assumes no liability for the content, confidentiality policies or the practices of third party websites. The elements and ensembles that appear on the Pickture site are created by automated machines and computers, and Pickture cannot filter the source sites or the content prior to displaying them on the Website. An element or an ensemble may provide links and/or display images from sites and/or content that some people may find shocking, inappropriate or offensive. We accept no liability for the content of any site linked to Pickture. By using the Site, you expressly release Pickture of any liability due to your use of any third party site. Consequently, we encourage you to take care when leaving the Pickture Site and to read the terms and conditions and policies of any other site concerning privacy.
You may display images and photographs on the Website and on other sites for non-commercial use, provided that you do so with the embedding coded provided by Pickture. You may not alter the embedding code. You may not distribute any content from the Site without written consent from Pickture. The images and photographs on the Website are the intellectual property of the copyright holder and may not be used for commercial ends without authorisation from the owner. Also, if you wish to make commercial use of the Pickture service you must reach an agreement with Pickture.
Pickture declines any liability regarding the accuracy, the content, the exhaustiveness, the legality, the reliability, operability or the availability of the information or data displayed on the pages of the Pickture service. Pickture declines any liability for any deletion, failure to store, delivery error or early delivery of any information or equipment. Pickture declines any liability for any damage resulting from the downloading or access to any information or equipment on the Internet through the Pickture service.
THE PICKTURE SERVICE, AND ANY EQUIPMENT, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PICKTURE SERVICE ARE PROVIDED "AS SEEN", WITH NO GUARANTEE. PICKTURE AND ITS SUPPLIERS DECLINE, IN THE LIMITS PROVIDED FOR BY LAW, IMPLICIT AND LEGAL, INCLUDING, WITHOUT LIMITATION, THE GUARANTEES OF MERCHANTABLE QUALITY, FITNESS FOR SPECIFIC USE AND NON VIOLATION OF PROPERTY RIGHTS. PICKTURE AND ITS SUPPLIERS GIVE NO GUARANTEES REGARDING THE SECURITY, RELIABILITY AND THE PERFORMANCE OF THE PICKTURE SERVICES. PICKTURE AND ITS SUPPLIERS REJECT ANY GUARANTEE FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PICKTURE SERVICES. PICKTURE AND ITS SUPPLIERS GIVE NO GUARANTEE FOR THE SERVICES OR GOODS RECEIVED OR ADVERTISED THROUGH THE SERVICE OR RECEIVED THROUGH LINKS OFFERED BY THE PICKTURE SERVICE, AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH LINKS OFFERED ON THE PICKTURE SERVICE. YOU UNDERSTAND AND ACCEPT THAT YOU DOWNLOAD OR OBTAIN DATA THROUGH THE USE OF THE PICKTURE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
Without prejudice to the preceding, in no event may Pickture or its licence holders be held liable for any delay or failing in the performance resulting directly or indirectly from acts of nature, forces, or causes beyond their control, including, but not limited to, any failure of the Internet, computer equipment breakdowns, telecommunication equipment breakdowns, other equipment failures, electrical power cuts, strikes, industrial conflicts, riots, uprisings, civil unrest, lack of manpower or equipment, fires, floods, storms, explosions, events of force majeure, war, government actions, decisions of national or foreign courts or tribunals, failures to perform by third parties, or the loss or fluctuations in heat, light or air-conditioning.
These Terms and Conditions of Use are governed and interpreted according to French Law, without giving effect to any conflict between these provisions and any legal provisions or your effective state or country of residence. If for whatever reason a court with jurisdiction decides that a provision or part of these Terms and Conditions of Use is unenforceable, the remainder of the terms and conditions remain in force and full effect.
These Terms and Conditions of Use constitute the full extent of the agreement between the parties regarding the subject of these terms and conditions and replace any previous or concurrent agreements or written or oral agreements on this subject. Any renunciation of a provision of these Terms and Conditions shall not be effective unless given in writing and signed by Pickture.
PC Software. We make available the PC Software to access the Service. To use the PC Software you must have a computer device that is compatible with the PC Service. Pickture does not warrant that the PC Software will be compatible with your computer device. Pickture grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the PC Software for one Pickture account on one computer device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the PC Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the PC Software to any third party or use the PC Software to provide time sharing or similar services for any third party; (iii) make any copies of the PC Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the PC Software, features that prevent or restrict use or copying of any content accessible through the PC Software, or features that enforce limitations on use of the PC Software; or (v) delete the copyright and other proprietary rights notices on the PC Software. You acknowledge that Pickture may from time to time issue upgraded versions of the PC Software, and may automatically electronically upgrade the version of the PC Software that you are using on your computer device. You consent to such automatic upgrading on your computer device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the PC Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the PC Software or any copy thereof, and Pickture or its third party licensors or suppliers retain all right, title, and interest in and to the PC Software (and any copy of the PC Software). You agree to comply with all French and foreign laws related to use of the Service. Standard carrier data charges may apply to your use of the PC Software.
We may amend or terminate our services from time to time, for any reason, and without warning, including the right to terminate an account with or without warning, without any responsibility to you, any other user or third parties. We reserve the right to amend these General Terms and Conditions of Use at any time without notice. Please refer to these Terms and Conditions of Use from time to time in order to be informed of any amendments.