Terms and Conditions

Picturio (the “Product”) is a software that has been designed for professional and amateur photographers.
Picturio ends the frustration of manually selecting the best shots from a large stack and saves time for its users. Reducing selection time by using Artificial Intelligence and industry leading Image Processing Algorithms combined with a User Interface tailored exclusively for photographers. The software, its components, modules, website, and web services are owned and operated by Picturesqe, Inc. (“Publisher”). By using or accessing any services provided by the Product (collectively, “Services”), you agree to become bound by these terms and conditions (the “Agreement”). If you (“Subscriber”) do not agree to these terms and conditions of this Agreement in their entirety, do not use the Services. Publisher reserves the right to modify this Agreement at any time by posting a revised Agreement on its website and by providing notice via e-mail, where possible, or on the website. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber’s acceptance of the modifications to this Agreement.

Access to the Services

Publisher provides the Services solely for Subscriber’s own use, and not for the use or benefit of any third party.
Publisher may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Publisher may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.
Subscriber agrees that Publisher will not be liable in any event to Subscriber or any other party for any suspension, modification, discontinuance or lack of availability of the Service. Publisher reserves the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber certifies to Publisher that Subscriber is an individual at least thirteen (13) years of age, or a corporate entity. No one under the age of thirteen (13) may provide any personal information to Publisher. Subscriber also certifies that he/she is legally permitted to use the Services, and takes full responsibility for the selection and use of the Services.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to access the Services.
Subscriber may not use any automatic tools to download Content.

Content in the Services

All materials displayed or performed by Publisher, including, but not limited to trademarks, service marks, and trade names, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) are the exclusive property of Publisher and/or third parties and are protected by law.

Subscriber may download or copy the Content and other items displayed on Publisher for download, only for personal use. Subscriber may not in any other way copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content or Services.

Any other downloading, copying, or storing any Content for other than personal, commercial or non-commercial use is expressly prohibited without prior written permission from Publisher, or from the copyright holder identified in such Content’s copyright notice.

Descriptor Program

If the Subscriber does not participate in the Research Program, the content, including, but not limited to trademarks, service marks, and trade names, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations, contributed by the Subscriber (“Descriptor Content”) shall be used by the Product only to make various descriptors from such content. Subscriber allows the Publisher (i) to generate descriptors from each Descriptor Content, and (ii) is entitled to run the algorithms used by the Product on such descriptors. The Publisher is not able to restore or decode the original content (e.g. graphics, photographs) in any form from the created descriptors. The Publisher will not make the Descriptor Content available to any third party but will store it.

All Descriptor Content that Subscriber contributes to Publisher remains the exclusive property of the Subscriber, and Publisher does not obtain any license or ownership on or in respect of the Descriptor Content.

Research Program

Regulations of this paragraph shall be applied only if the Subscriber has agreed to participate in the Research Program.

If the Subscriber participates in the Research Program, the content, including, but not limited to trademarks, service marks, and trade names, text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations, contributed by the Subscriber (“Research Content”) shall be used by the Product (i) to make various descriptors from the content and carry out the actions as described in the Descriptor Program above, and in addition (ii) the Publisher will receive the contributed original/thumbnail size of each Research Content. Subscriber allows the Publisher (i) to resize the Research Content to thumbnail size (1500 by 1500 pixels), (ii) to generate descriptors from each Research Content, which will be used only as inputs for the algorithms used by the Product, (iii) to run the algorithms used by the Product on such descriptors, and (iv) to archive and use the thumbnails for research purposes. The Publisher will not make the Research Content available to any third party but will store it.

All Research Content that Subscriber contributes to Publisher remains the exclusive property of the Subscriber, and Publisher does not obtain any license or ownership on or in respect of the Research Content.

Subscriber representations, warranties

Subscriber warrants, represents and agrees Subscriber has the right to grant Publisher the rights in respect of the Descriptor Content and/or Research Content, as applicable, as described above. Subscriber represents, warrants and agrees that it will not contribute any Descriptor Content and/or Research Content, as applicable, that (a) infringes, violates or otherwise interferes with any copyright or trademark of any other party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to do so, (c) infringes any intellectual property right of any other person or the privacy or publicity rights of any other person, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any other person, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Descriptor Content and/or Research Content, as applicable, violates any of sections (a) to (e) of this sentence.

Publisher reserves the right to remove any Descriptor Content and/or Research Content from the database of Publisher, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Publisher under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Descriptor Content and/or Research Content or if Publisher is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

Restrictions

Subscriber is responsible for all of its activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services.

Warranty disclaimer

Publisher has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Publisher has no control over, and no duty to take any action regarding: which users gains access to the Service; which Content Subscriber accesses using the Services; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. The Content of the Services is provided by and is the responsibility of the user or Subscriber who posted the Content. Publisher does not monitor the Content of the Services and takes no responsibility for such Content. Subscriber releases Publisher from all liability for Subscriber having acquired or not acquired Content through the Services. The Services may contain, or direct Subscriber to websites containing, information that some people may find offensive or inappropriate. Publisher makes no representations or warranties concerning any Content contained in or accessed through the Services, and Publisher will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

Although Publisher will make reasonable efforts to store and preserve the Descriptor Content and/or Research Content, Publisher is not responsible or liable in any way for the failure to store, preserve or access Descriptor Content and/or Research Content or other materials Subscriber transmits or archives using the Services.

The Services and the Content are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Publisher makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, Publisher disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on its website.

Refund Policy

If the Subscriber changes his/her mind about the purchased Product sold by the Publisher, the Publisher will refund the purchase price subject to the following conditions:

  1. The Subscriber must cease to use of the Product within 30 days of purchase;
  2. Subscriber shall contact and provide proof of purchase to the support of the Publisher at support at picturio dot com via e-mail with his/her intent of refund;
  3. Products purchased with giftcards, sales, gifts are not eligible for a refund.

If the Subscriber request a refund, the purchase price (excluding switch-on, delivery any similar charges for online) will be refunded to the Subscriber using the original payment method once the Publisher has confirmed that the Services are not used any longer by the Subscriber, has received a valid proof of purchase, and confirmed that it meets each of the conditions i., ii. and iii. above. The Subscriber is responsible for any costs associated with terminating the use of the Services including any currency conversion and/or local or international taxes.

Third party websites

Users of the Services may gain access to third party websites on the internet through hypertext or other computer links on the website of Publisher. Third party websites are not within the supervision or control of Publisher. Publisher does not make any representation or warranty whatsoever about any third party website that is linked to the website of Publisher, or endorse the products or services offered on such website.

Registration and security

As a condition to using the Services, Subscriber may be required to register with Publisher and select a password and profile name. Subscriber shall provide Publisher with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber’s account. Publisher reserves the right to refuse registration of, or cancel a profile name in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber’s password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases Publisher from any and all liability concerning such activity. Subscriber agrees to notify Publisher immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password.

Indemnity

Subscriber will indemnify and hold Publisher, its directors, officers, employees, agents, consultants, contractors, partners, vendors and service providers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.

Limitation of liability

In no event shall Publisher, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Descriptor Content and/or Research Content or other intangibles; (c) damages for unauthorized use, non-performance of the Services, errors or omissions; or (d) damages related to downloading or posting Content.

Termination

Either party may terminate this Agreement at any time by notifying the other party by any means. Publisher may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber’s account, Subscriber’s right to use the Services and access any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Subscriber’s access to and use of the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Publisher, including without limitation any indemnification obligations contained herein.

Privacy

Please review our Privacy Policy, which governs the use of personal information by Publisher and to which Subscriber agrees to be bound as a user of the Services.

Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between Subscriber and Publisher, with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Publisher shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Publisher’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Subscriber except with Publisher’s prior written consent. Publisher may assign this Agreement in whole or in part at any time without Subscriber’s consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Subscriber does not have any authority of any kind to bind Publisher in any respect whatsoever. Any notice to Publisher that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info at picturio dot com. These terms and conditions shall be governed by the laws of the state of Texas, USA.

Contact Information

Company name: Picturesqe, Inc.
Address: 8121 Bee Cave Road, Suite 150, Austin, TX 78746
E-mail: info at picturio dot com

Changes to Terms and Conditions

Any modification made to these terms and conditions will be posted on this page.
If there are any questions regarding this terms and conditions, please contact info at picturio dot com.
This policy was last modified on Sep 20, 2016