- These Terms of Service ("Terms") are a legal agreement between Picovico Pvt. Ltd.("Picovico" or "we") and you ("you" or "users"). By using or accessing Picovico Application ("Service"), you agree to be bound by these Terms. By accessing or using the Service, you agree that you have read understood, and accepted to be bound by the Terms. Picovico reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service. You are responsible for checking the Terms periodically for new information and terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.
- You agree that Picovico may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
- You represent that you are 13 years old or older.
MODIFICATIONS TO THE SERVICE AND PRICES
- Picovico reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice.
- Prices of all Services, including, but not limited to, monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Picovico's Website or on the Service itself.
- Picovico shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
VIOLATION OF TERMS
- If you violate the Terms, Picovico reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Picovico need not inform you before terminating or suspending your account(s), but it may do so.
- Picovico reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms
COPYRIGHT AND CONTENT OWNERSHIP
- All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement) are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions.
- You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without APPS's express prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. All other uses of copyrighted material, including any derivative use, requires express prior written permission from Picovico. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
- Picovico and/or its licensors remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Picovico. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Service by Picovico, or any derivative works thereof.
- Picovico grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.
- You agree that you are willingly publishing the content on the Service using technology and tools provided by Picovico. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of Picovico. You grant Picovico the right to act to publish video to your account anytime.
- Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Picovico. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Picovico is not responsible for any files users upload, post, or otherwise make available. Picovico may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Picovico applications. By using Picovico you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Picovico will under no circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
- Picovico reserves the right (but has no obligation) to remove, block, edit, move or disable User Content from the Service with or without notice that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in Picovico's sole and final discretion.
RULES OF CONDUCT
- All content posted on the Service is must comply with the United States copyright law. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service to:
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable
- intentionally or unintentionally violate any applicable local, national or international laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service
- access content or data not intended for you, or log onto a server or account that you are not authorized to access
- use a personal account for high volume or commercial use including, but not limited to revenue generation, advertising
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable
- upload or disseminate or transmit (or attempt to upload or transmit) files that contain viruses, RATs, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar malicious or invasive codes, softwares or programs that may damage the operation of the Service or other users' computers
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to Picovico
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
- We may, but have no obligation to, remove Content and Accounts containing Content that, in our sole discretion, is considered to have violated any term of above.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
- You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Picovico, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Picovico makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
- Under no situation will Picovico, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Picovico has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Picovico shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- You agree to indemnify and hold Picovico, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
SPECIAL TERMS APPLICABLE TO PLATFORMS
- You hereby acknowledge and agree that in addition to these Terms of Service, the third party companies that own and operate the Platforms, including, but not limited to, Facebook (www.facebook.com), Flickr (www.flickr.com) where Picovico Application is published, have their own terms and conditions that you must review and confirm your compliance. Your violation of any such Platform Terms may result in Picovico Applications and Content from being deleted, suspended or removed from such Platforms and the Service. Picovico is not responsible in any way for your compliance with such Platform Terms, or enforcement of such Platform Terms.
- You understand that Picovico shall be excused from performance hereunder to the extent that performance of third party Platforms is prevented, delayed or obstructed by causes beyond its reasonable control including without limitation any force majeure event, problems with Internet access or problems that result from your or third-party actions or inactions or that result from your or third-party equipment, software or technology (other than third-party equipment within our direct control). Because of situations beyond the control of Picovico, including, but not limited to, your inability to connect with third party Platforms due to Platforms' own technological problems. Picovico cannot guarantee that the Service will be available to you or that the Service will function properly on third party Platforms all the time.
SUBSCRIPTION SERVICE AND MAINTENANCE
- Picovico may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions.
- The Service is billed in advance per video basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds.
- You and Picovico agree that this terms of services is governed by the laws of United States and laws of the countries. If any part of the terms of services become null and void, the rest parts will remain effective. Picovico reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Picovico following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Picovico AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Last Modified: Nov 2011