Terms of Use

Effective: September 18, 2018

 

 

Welcome to PicLife!

 

PicLife is a social network which enables you to create private albums with your friends and have fun with your memories together.

 

Enjoy the memories of this crazy skiing week with your college friends? See all the photos of your best friend’s wedding guests? Watch your little nephew grow up in Cape Town with his parents?

 

All of this is possible, thanks to PicLife: share your pictures in private albums and have fun, joke, tease … Enjoy!

 

 

These Terms of Use govern your use of PicLife and provide information about the PicLife Service, outlined below. The Terms of Use are presented to you (i) when you first open the app, (ii) when we make any material changes to the Terms, (iii) at any time on your Settings page in the app or on our website. When you create a PicLife account or use PicLife, you agree to these terms. Of course, if you don’t accept them, then don’t use the Services.

 

If you only have a few minutes, here are the basics to remember:

 

1.    Privacy is the core value of PicLife. By default, every album you create on PicLife will be ‘private’; that is to say that their content (photos, videos, yours comments, etc.) will only be accessible to the members of the album.

 

Keep in mind that users who have access to the albums can always save that content or copy it outside the app (by capturing a screenshot for instance). So, the same common sense that applies to the internet at large applies to PicLife as well: don’t send messages or share content that you wouldn’t want a user to save or share.

 

2.    As in any community, there are rules to protect everyone and make sure to live the coolest and safest experience. Use your personal pictures and videos, and don’t post anything illegal, offending or objectionable. Click here to read our entire community rules: take the time to read them, it’s short. You can report any inappropriate content: our review team will check. Please note that we may remove the offending content or terminate your account if you break one of these rules.

 

3.    You remain the sole owner of your information and the content you upload on PicLife (your photos, videos, comments, etc.), but by accepting these Terms of Use you grant us a license so that we can provide the Service.

 

4.    PicLife will not use your information, content and data other than for the purpose of improving our Service.

 

5.    Intellectual property rights: if you use the provided sharing options to forward to a third party some content uploaded by another user, it is your responsibility to mention the copyright and comply with the intellectual property rules.  

 

6.    No advertisement for the best experience: we do not allow any banner ads on PicLife. We also have no intention to introduce « sponsored content » advertisement. (If ever we do, we will update these Terms of use and Privacy Policy and let you know in advance).

 

7.    In accordance with European law, you have the right to access, rectify, modify and delete any information concerning you at any time. You can access and modify most of the data from the « Settings » screen of your app. If you do not find what you are looking for, please send us your request by email to contact@piclife.love.   

 

 

 

 

PicLife Terms of Use

 

 

1. Legal information

 

PicLife’s mobile application and website www.piclife.love are edited by PicLife SAS, a French company with a social capital of 1000 Euros. Its headquarters are situated at 7, rue des Lions Saint Paul 75004 Paris France, and it is represented by Paul Montfort.

Email: contact@piclife.love

 

Host:

PicLife is partly hosted by Amazon Web Services-AWS (photos files):

Amazon Web Services EMEA SARL, 5 rue Plaetis L-2338 Luxembourg

+352 2789 0057

Contact : https://aws.amazon.com/fr/contact-us  

 

PicLife is partly hosted by Heroku (database):

Heroku, Inc. 650 7th Street San Francisco, CA 94103, USA

Contact : https://www.heroku.com/contact

 

Both AWS and Heroku have highly secure Data Centers located in Europe, which provide significant security guarantees and comply with EU legislation in relation to personal data. To know in which country your data will be stored and what security level is enforced by AWS and Heroku, please read our Privacy Policy (“Content”)

 

Director of Publication:

The Director of publication and data controller of the mobile app is Mr. Paul Montfort.

Contact: contact@piclife.love

 

 

2. Presentation of Our Services

 

PicLife provides the following Services:

·      Upload and store for free your photos and videos on our secured servers

·      Organize your pictures and videos by creating private albums;

·      Share your photos and videos by inviting friends to join the album, and enjoy in return their photos and videos

·      Connect to people and live your memories with those you love thanks to the social features.  

 

Privacy and Security

Privacy is the core value of PicLife. Thus, we work to protect the safety and security of your information and content by appropriately dealing with abusive people and activity and violations of our Terms.

 

Enabling Global Access to Our Services.

To operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies, like for instance Amazon Web Services (AWS) or Heroku.

 

Ways to Improve Our Services.

We analyze how you make use of PicLife, in order to improve all aspects of our Services described here, PicLife uses the information it has and also works with partners, service providers, and affiliated companies to do this.

 

 

3. Who can use our Service?

 

You must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. Additionally, you must be old enough to consent to the processing of your information in your country.

 

 

4. Acceptance of our Terms of Use

 

When you create a PicLife account or use PicLife, you agree to be bound by these Terms of Use and our Privacy Policy.

 

Of course, if you don’t accept them, then don’t use the Services.

 

 

5. Notifications  

 

You can turn on notifications to get updates when friends invite you in an album, when they post a comment on one of your pictures, etc.

 

 

6. Content & Licenses

 

PicLife allows you to upload and post content on the Service, including any comments, data, text, photographs, graphics, video, audio, messages, tags, pictures, illustrations or other materials (“Content”).

 

Responsibility for the user’s content

 

You, and not PicLife, will be only responsible for all Content that you make available through the Service. In the same way, other users are solely responsible for the content they make available through the Service.

 

By posting Content on the Service, you agree to assume full responsibility of it and you accept : (i) you are the only owner of any Content that you make available through the Service and / or you have all rights necessary to make your content available to other users through the Service ; (ii) all of your Content and other information you provide to us is true and accurate ; (iii) this Content respects our Terms of Use (cf. #8). PicLife has the right but not the obligation, to conduct a pre-screen, refuse or remove any Content that violates these Terms or that PicLife believes otherwise objectionable. If your account or Content were removed from service, PicLife reserves the right to retain your Content in order to make it accessible to other users of the Service (for instance to users you previously had shared it to in an album) and also for backup, archiving, or verification.

 

PicLife and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which PicLife, nor their affiliates will be responsible for.

 

License you grant to PicLife

 

You remain the only owner of your Content, but you grant us a license to give us permissions that we need to provide the Service.

 

PicLife does not claim ownership of the information and content that you submit for your PicLife account or through our Services. Instead, in order to operate and provide our Services, you grant PicLife a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information and content that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture, your albums and photos & videos that you upload, transmit your comments and your actions, store your photos and videos on the servers of our partner AWS, etc.).

 

You can end this license anytime by deleting your content or account. If you delete your account, all your information and content will be permanently deleted. For instance, the photos you shared with friends in private albums will be no longer available. You can delete your account by contacting us at contact@piclife.love.

 

PicLife's License to You.

 

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

 

Intellectual Property Rights

 

PicLife respects the rights of content owners and asks you to do the same. You are responsible for the content that you make available via the Service. When sharing content that is owned by third parties (such as photos, videos, etc.), you must mention the original source and comply with the intellectual property rules.

 

On the other hand, if you use the provided sharing options to forward to a third party some content uploaded by another user, it is your responsibility to mention the copyright and comply with the intellectual property rules.

 

PicLife provides content owners with the ability to notify PicLife if they feel that their work has been used or shared in a way that constitutes a violation of copyright. Rights holders and their agents can submit notifications to PicLife by email to contact@piclife.love or by mail (cf. ‘Contact Us’).

 

PicLife’s Rights.

 

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines.

 

 

7. Privacy Policy and User Data

 

Protecting your privacy is a core value of PicLife. You can learn how we handle your information when you use our Services by reading our Privacy Policy.  

 

PicLife’s Privacy Policy describes our information (including the content you upload and share on PicLife) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to other countries (including the United States) where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.

 

 

8. Acceptable use of our services

 

You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

 

Legal and Acceptable Use.

 

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:

a)    violate, misappropriate, or infringe the rights of PicLife, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

b)    are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

c)    involve publishing falsehoods, misrepresentations, or misleading statements;

d)    impersonate someone;

e)    involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;

f)      involve any non-personal use of our Services unless otherwise authorized by us.

 

Harm to PicLife or Our Users.

 

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except with a specific authorization from us and thanks to tools we expressly provide through our Services.

 

 

Keeping Your Account Secure.

 

You are responsible for keeping your device and your PicLife account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

 

 

9. Third-party services

 

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use the services of a third-party that are integrated with our Services to print your photos or use the share button to send some content from PicLife (photo, video, etc.) to your contacts through the messaging services included on your device (email, messenger, WhatsApp, etc.). Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

 

 

10.     Disclaimers

 

You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide.

 

We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which PicLife, nor their affiliates will be responsible for.

 

You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “PicLife parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

 

If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.

 

 

11.     Limitation of liability

 

PicLife and its affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use or alteration of your content. I

 

n no event will PicLife or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 EUR.

 

If the law of the country where you live does not allow the limitations of liability provided for in this clause, those limitations shall not apply.

 

 

12.     Indemnification

 

You agree to defend, indemnify, and hold harmless the PicLife Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

 

If the law of the country where you live does not allow the indemnification provided for in this clause, those provisions shall not apply.

 

 

13.     Availability and termination of our services

 

Availability of our Services.

 

We are committed to continuously improve our Services. For this reason, our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

 

Termination.

 

Though we hope you remain a lifelong member of the PicLife community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting us at contact@piclife.love.

If you decide to terminate your account, we delete all the content you have posted, such as photos and status updates, and you won't be able to recover that information later.

In addition, we may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with PicLife: “Content & Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Governing Law & Dispute Resolution,” “Availability and Termination of our Services,” and “Other,”. If you think your account was suspended or terminated by mistake, please send us an email at contact@piclife.love.

 

 

14.     Modifications of the Terms of Use

 

We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.

 

 

15.     Governing Law & Dispute Resolution

 

The laws of France govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of France to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

 

 

16.     Other

 

·      Our Terms make up the entire agreement between you and us regarding WhatsApp and our Services, and supersede any prior agreements.

 

·      We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.

 

·      Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

 

·      Nothing in our Terms will prevent us from complying with the law.

 

·      Any amendment to or waiver of our Terms requires our express consent.

 

·      You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

 

·      Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

 

·      If we fail to enforce any of our Terms, it will not be considered a waiver.

 

·      If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below.

 

·      We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

 

·      Our Terms are written in French. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the French version, the French version controls.

 

 

17.     Contact us

 

Feel free to send us your remarks, suggestions and questions to contact@piclife.love

 

We always appreciate your feedback or other suggestions about PicLife and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

 

 

Let’s Pic Your Life!