ACCEPTANCE OF TERMS
PicCollage provides the PicCollage Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://cardinalblue.com/tos. By accessing and using the PicCollage Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular PicCollage owned or operated services, you and PicCollage shall be subject to any posted guidelines or rules applicable to such service, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF PICCOLLAGE SERVICE
PicCollage provides users with a way to create photo collages using photos from their devices, Facebook photo albums, and the internet search, as well as stickers, text, GIFs, videos and other media. In addition, PicCollage has a social network that allows users to post collages and comments.
In compliance with COPPA, only users 13 years or older can create an account on the social network. The only personal information collected is the user's email address (and Facebook name, in the case of Facebook login), and this information is only used for email recovery and occasional communications from PicCollage. It is never shared with anyone outside of our company.
You also understand and agree that the PicCollage Services may include certain communications from PicCollage, such as service announcements and administrative messages, and that these communications are considered part of PicCollage. You will be able to opt out of receiving them by disabling push notifications, but you can view them as announcements inside the app itself. Unless explicitly stated otherwise, any new features that augment or enhance the current PicCollage Services, including the release of new PicCollage properties, shall be subject to the TOS. You understand and agree that the PicCollage Services is provided "AS-IS" and that PicCollage assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the PicCollage Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the PicCollage Services.
You understand that the technical processing and transmission of the PicCollage Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PicCollage, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the PicCollage Services. PicCollage does not control the Content posted via the PicCollage Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PicCollage Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PicCollage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 PicCollage Services.
You agree that under the use of PicCollage Services:
- There is no age limitation for using the PicCollage application, but you must be 13 years or older to create an account on the PicCollage social network.
- You may not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your screen name.
- You must not abuse, harass, threaten, impersonate or intimidate other PicCollage users.
- You may not use the PicCollage Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the PicCollage Services.
- You must not modify, adapt or hack PicCollage or modify another website so as to falsely imply that it is associated with PicCollage.
- You must not access PicCollage's private API by any other means other than the PicCollage application itself.
- You must not crawl, scrape, or otherwise cache any content from PicCollage.
- You must not create or submit unwanted email or comments to any PicCollage members ("Spam").
- You must not use web URLs in your name without prior written consent from PicCollage.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of PicCollage, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You must not interfere with or disrupt the PicCollage Services or servers or networks connected to the PicCollage Services, or disobey any requirements, procedures, policies or regulations of networks connected to the PicCollage Services, including using any device, software or routine to bypass our robot exclusion headers.
- While PicCollage prohibits such conduct and content on its site, you understand and agree that PicCollage cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PicCollage Services at your own risk.
- Any collage shared to your Facebook and Twitter account through PicCollage Services is uploaded to our server.
In consideration of your use of the PicCollage Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the PicCollage Services under the laws of the United States or other applicable jurisdiction.
- We reserve the right to modify or terminate the PicCollage services for any reason, without notice at any time.
- We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Services.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
PROPRIETARY RIGHTS IN CONTENT ON PICCOLLAGE
- PicCollage does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the PicCollage Services. By displaying or publishing ("posting") any Content on or through the PicCollage Services, you hereby grant to PicCollage a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the PicCollage Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the PicCollage Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the PicCollage Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the PicCollage Services.
- The PicCollage Services contain Content of PicCollage ("PicCollage Content"). PicCollage Content is protected by copyright, trademark, patent, trade secret and other laws, and PicCollage owns and retains all rights in the PicCollage Content and the PicCollage Services. PicCollage hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PicCollage Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PicCollage Services.
- The PicCollage Services contain Content of Users and other PicCollage licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PicCollage Services.
- PicCollage performs technical functions necessary to offer the PicCollage Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PicCollage Services.
- Although the Site and other PicCollage Services are normally available, there will be occasions when the Site or other PicCollage Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PicCollage. Also, although PicCollage will normally only delete Content that violates this Agreement, PicCollage reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PicCollage in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PicCollage encourages you to maintain your own backup of your Content. In other words, PicCollage is not a backup service. PicCollage will not be liable to you for any modification, suspension, or discontinuation of the PicCollage Services, or the loss of any Content.
- With respect to Content you submit or make available for inclusion on publicly accessible areas of PicCollage, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the PicCollage Services solely for the purposes of providing and promoting the specific PicCollage to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the PicCollage Services and will terminate at the time you remove or PicCollage removes such Content from the PicCollage Services.
- We reserve the right to feature any collage when it is publically shared to the PicCollage social network.
CONTRIBUTIONS TO PICCOLLAGE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to PicCollage through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) PicCollage is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) PicCollage shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) PicCollage may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of PicCollage without any obligation of PicCollage to you; and (f) you are not entitled to any compensation or reimbursement of any kind from PicCollage under any circumstances.
You agree to indemnify and hold PicCollage and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys'; fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the PicCollage Services, your use of the PicCollage Services, your connection to the PicCollage Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF PICCOLLAGE SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PicCollage Services.
MODIFICATIONS TO PICCOLLAGE SERVICES
PicCollage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PicCollage Services (or any part thereof) with or without notice. You agree that PicCollage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PicCollage Services (or any part thereof).
You may terminate your PicCollage account, any associated email address and access to the PicCollage Services by submitting such termination request to PicCollage.
You agree that PicCollage may, without prior notice, immediately terminate, limit your access to or suspend your PicCollage account, any associated email address, and access to the PicCollage Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PicCollage Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PicCollage Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in PicCollage's sole discretion and that PicCollage shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PicCollage Services.
Termination of your PicCollage account includes any or all of the following: (a) removal of access to all or part of the offerings within the PicCollage Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the PicCollage Services.
We have implemented our GDPR compliance strategy to make sure the rights of our users in the European Union are protected. We are committed to giving you transparent information, communication and modalities of the information we collect and how we process it and for the exercise of your rights under GDPR.
Below are the initiatives we have committed to in order to satisfy GDPR requirements that apply to our European users:
Users that reside in the European Union (E.U.) must grant us consent before using PicCollage starting from May 25, 2018. By giving us consent, you agree to how we collect and process your data.
- Please note you can withdraw your consent at any time on the app’s Data Privacy page, accessible through the Settings page. If you have created a social network account within PicCollage, you have to go to our webpage to edit your account preferences in order to deactivate your account.
- You must be at least 13 years old to create a social network account within the PicCollage app, but you can be younger to use PicCollage.
- We only process data for users over the age of 16 unless explicit consent has been given by a parental guardian to process the information of a data subject under 16 years of age.
Social Network Users
- A subset of the users of PicCollage choose to create a social networking account within the PicCollage app to share their collages with the PicCollage community. Please note that users must be at least 13 years of age to create a social network account.
- If you have created a social networking account within PicCollage and wish to shut it down, because you no longer provide consent to the app, you must use the settings interface to deactivate the account. A link is available on the Settings page under “Edit Account” or on the app’s Data Privacy page.
Data Subject Rights
As the data subject, you have the right to either give consent or decline consent to our terms and policies. Please note by declining consent, you will not be able to use PicCollage at the moment. The following are the rights you can exercise regarding your information under GDPR:
The right of access
As the data subject, you have the right to know how your data is being processed and you can also request to access your data.
The right to rectification
As the data subject, you can obtain rectification of inaccurate personal data from us in a timely manner.
The right to erasure
As the data subject, you have the right to obtain the erasure of your data under the following circumstances:
- the personal data are no longer necessary (for example, in the case that a user deletes their account)
- when you withdraw consent to our terms and policies
- when your personal data have been unlawfully processed
The right to restriction of processing
You have the right to obtain restriction of our processing of your data when the accuracy of the data is contested by you, the data subject.
The right to be informed
You have the right to be informed by PicCollage on the changes we make regarding the collection and processing of your information.
The right to data portability
You have the right to receive the personal data you provide us in a structured, commonly used and machine-readable format.
The right to object
As the data subject, you have the right to ask us to stop processing your data.
- The right not to be subject to automated individual decision-making, including profiling.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE PICCOLLAGE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PICCOLLAGE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- PICCOLLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PICCOLLAGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PICCOLLAGE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PICCOLLAGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PICCOLLAGE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PICCOLLAGE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICCOLLAGE OR THROUGH OR FROM THE PICCOLLAGE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PICCOLLAGE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PICCOLLAGE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PICCOLLAGE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PICCOLLAGE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICCOLLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PICCOLLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PICCOLLAGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PICCOLLAGE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PICCOLLAGE SERVICE.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
PicCollage may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the PicCollage Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the PicCollage Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PicCollage Services in an authorized manner.
You agree that all of PicCollage's trademarks, trade names, service marks and other PicCollage logos and brand features, and product and service names are trademarks and the property of Cardinal Blue Software, Inc. (the "PicCollage Marks"). Without prior permission, you agree not to display or use in any manner the PicCollage Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PicCollage respects the intellectual property of others, and we ask our users to do the same. PicCollage may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Please report any violations of the TOS to us.
Last updated May 17, 2018