©2019 by Tomzach Inc.

Terms of Use

 

Welcome to Picsplore!

These Terms of Use govern your use of Picsploreand provide information about the PicsploreService outlined below. When you create an Picsploreaccount or use Picsplore, you agree to these terms.

The PicsploreService is one of the services provided to you by Tomzach Inc. These Terms of Use therefore constitute an agreement between you and Tomzach Inc.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

The PicsploreService

We agree to provide you with the PicsploreService. The Service includes all of the Picsploreproducts, features, applications, services, technologies, and software that we provide to advance Picsplore's mission: To enable you to join the people you love at fun events. The Service:

-            allows users to see what's happening around them:

By providing users with a forum to interact with their local community we enable users to see where people are coming together and the sites or events where their friends can be found or whether they are at a selected venue.

-            allows users to search the world:

To give our users the ability to see events happening all around the world and whether their friends are at an event or venue.

-            allows users to find and make friends:

We provide the ability for users to find friends, either through targeted searches or by looking at content on the social network.

-            allows users to take photos and videos to capture what's around them and share it with others:

We provide a camera and access to our users' photo albums so users can immediately record and share the moments they experience.

-        allows users to follow tags and friends:

We provide our users the ability to follow a friend or a tag so that they can be more easily accessible on their profile page and also influence the content users see.

-             allows us to use our users' information to deliver them advertisements.

 

We may use a user’s data to supply content or advertisements intended to include content that may appeal to them.  The data we use may include the content on which users comment, tags they follow, people they follow, their locations and the times at which they are using our service.

 

 

We seek to Foster a positive, inclusive and safe environment.

We develop and offer resources to our members intended to make their experiences uplifting and inclusive. We also have systems to combat abuse and violations of our Terms and policies, as well as harmful or deceptive actions. We use information we have, including information obtained from you and your friends to try to keep our platform secure. If requested or if we deem it appropriate, we will provide information about unlawful or harmful content to law enforcement agencies. Learn more in our Data Policy.

We seek to Ensure a stable global infrastructure for our Service.

To provide our global Service, we must store and transfer data across systems around the world, including systems outside of your country of residence. This infrastructure may be owned or operated by us or third parties we interact with.

Research and innovation.

We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

The Data Policy

Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information. You must agree to the Data Policy to use Picsplore.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use Picsplore.  We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Picsplorecommunity.

You must be at least 13 years old.

You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

We must not have previously disabled your account for violation of law or any of our policies. 

You must not be a convicted sex offender.

How You Can't Use Picsplore. Providing a safe and open Service for a broad community requires that we all do our part.

You can't impersonate others or provide inaccurate information.

You don't have to disclose your identity on Picsplore, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express written

permission.

You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized

information in unauthorized ways.

This includes creating accounts or collecting information in an automated way without our express permission.

You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us.

As part of our agreement, you also give us permissions that we need to provide the Service.

We do not claim ownership of your content, but you grant us a license to use it.

 

Nothing is changing about your rights in your content (“Your Content”). We do not claim ownership of Your Content that you post on or through the Service. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Tomzach Inc. and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

 As between you and us, you own Your Content. We own the  Service content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of user content and other service content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service (the “Service Content”) excluding Your Content, user content and third party content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Service Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Service Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service Content are retained by us.

 

We and our licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

You can end the license granted with respect to Your Content anytime by deleting you content or account. However, content will continue to appear if you shared it with others and they have not deleted it and to the extent we have granted others the right to use Your Content, they may continue to do so.. To learn more about how we use information review the Data Policy.

Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Service, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. 

You agree that we can download and install updates to the Service on your device.

If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

 

You can only use our intellectual property and trademarks, or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.

 

We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. 

Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

 

Our Agreement and What Happens if We Disagree Our Agreement.

 

If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement.

If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.   We reserve all rights not expressly granted to you. 


Who Has Rights Under this Agreement.

 

This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent.  Our rights and obligations can be assigned to others. For example, this could occur if our ownership  changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, ITILE, AND NON-INFRINGEMENT.

We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms or the provision if the Service, will not exceed the greater of

 

How We Will Handle Disputes.

 

Except as provided below, you and we agree that any cause of action, legal claim or dispute between you and us arising out of or related to these Terms or Picsplore("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Picsploreusers. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Picsploreaccount, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Tomzach Inc. 110 Beach 215 Street, Breezy Point, New York 11697.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Picsploreaccount, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Tomzach Inc. Inc., Arbitration Filing, 110 Beach 215 Street, Breezy Point, New York 11697. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Picsploreaccount, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in Brooklyn, NY. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

The laws of the State of New York, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

 

Unsolicited Material.

 

We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

 

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.