Terms of Service

Updated January 2007

INTRODUCTION. This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website www.piczo.com (our site) to you. Please read our Terms of Service and review them with your parent or guardian if you are a minor in your country of residence. If you have any questions about these Terms, you may email us at terms@piczo.com.

You should understand that by using our site, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to use our site.

At Piczo, our highest priority is to provide you with a safe environment for self-expression and we will take every reasonable step to ensure that our members use Piczo in ways that are consistent with this goal.

Piczo, Inc. (Piczo) allows you to register and create your own website by uploading pictures and typing in text. You can use the Piczo online tools to make changes to your site at your convenience.

What's covered?

Effective Date.
Age Requirements.
Piczo is free to you because it is Ad-Supported.
Piczo Policies.
What can you put on your Piczo Site?
Uploading material to our site.
Marks and Copyright.
Monitoring.
Reliance on Information posted.
Information about you and your visits to our site.
Links to our site.
Liability and Indemnity.
Cancelling the service.
Proprietary Rights.
Governing Law. Venue. Jurisdiction.
Acknowledgment.
Changes.
Contact Us.

TERMS:

1. Effective Date. These Terms will become effective on the day you register with Piczo and check the box saying you have read and agree to these Terms.

2. Age Requirements. You must be at least 13 years of age or older in order to join Piczo. Children under 13 are not permitted to join Piczo. If you are between the age of 13 and 17, you are encouraged to get permission from your parent or guardian to use Piczo. Depending on the nature of any member service inquiries, the Piczo Staff may advise teenagers to get parents' permission in order to continue the service. If the Piczo Staff determines parental consent is necessary they will send a postal consent form to your parent for review. Upon accepting the terms provided, your parent must then sign and return the form to Piczo. Upon receipt of a valid and verifiable consent form from your parent, Piczo will allow you to continue to use the service. If you or your parent or guardian has any concerns, please feel free to contact us at abuse@piczo.com.

3. Piczo is free to you because it is Ad-Supported. We are able to provide Piczo as a free service to you because we charge companies to advertise on Piczo members’ sites. While we try to find advertisers who have products or services that we think might be of interest to you, we cannot promise that this will always be the case. You hereby agree that Piczo may include advertisements on your Piczo sites.

You also understand and agree that we may include certain communications from Piczo such as service announcements, new functionality and administrative messages and that these communications are considered part of Piczo membership.

4. Piczo Policies. Piczo has the right, in its sole discretion, to modify, suspend or terminate access to Piczo at any time for any or no reason without notice. In certain situations, we may also require you to change your login username and/or password. You must treat such login information as confidential, and you must not disclose it to any third party.

In order to keep Piczo working properly for all members, we periodically delete old member websites and photos that are no longer in use. If you have not logged onto your site in over 120 days or your Piczo site has not received at least 10 visits over the past 120 days, then Piczo reserves the right to delete your site name, your site and all its text, customization, and uploaded files. Your site name will be released and become generally available for use by any other member who wishes to acquire it. You should keep copies of all photos and other important materials on your own computer and not count on Piczo to be a permanent storage place.

5. What can you put on your Piczo Site? As a self-expression site for teenagers, Piczo allows you to place a large variety of things on your Piczo site. However, there are some materials that are not appropriate or welcome on Piczo and are strictly forbidden. Please click here to see our Acceptable Use Policy, which sets out Piczo’s required content standards, prohibited uses and suspension and termination of your membership. Your use of the Site signifies your agreement to the Acceptable Use Policy.

6. Uploading material to our site. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards established in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right and you hereby consent to allow Piczo to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Please click here to see our Privacy Policy. Agreement to these Terms and use of the Site signifies your agreement to the Privacy Policy.

We will not be responsible or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards established in our Acceptable Use Policy.

7. Marks and Copyright. Piczo and all graphics, logos and service names used to identify Piczo's products and services are trademarks or service marks of Piczo. Third party trademarks or service marks used in connection with this service are the property of their respective owners. You may not use any trademark or service mark in connection with any product or service without the expressed permission of the owner of that mark.

You should assume that the content of the Web pages created by other Piczo customers is protected by copyright or other proprietary rights. You are not entitled to copy any content without the express permission of the owner of that content. Piczo respects the intellectual property rights of others, including copyright, and as such Piczo complies with the U.S. Copyright Act. If you feel that material posted on the Piczo website or on a member website hosted by Piczo infringes on copyright you own, please click here to view Piczo’s Copyright Policy. This policy is a supplement to the Piczo Terms of Service agreement.

8. Monitoring. In order to ensure that Piczo is a safe and fun online space for our members, we actively monitor new and existing Piczo pages for material that does not meet these Terms, our Privacy Policy or Acceptable Use Policy. While Piczo is not responsible for members’ content, Piczo reserves the right to delete or edit submissions that Piczo, in its sole discretion, deems to violate these Terms, Privacy Policy or our Acceptable Use Policy. If you put any material on your Piczo site that is prohibited by these Terms or policies, we reserve the right to provide your IP address and other identifying information to any law enforcement agencies or other organizations and agencies that we consider necessary for the purpose of enforcing these Terms or policies, or where we are under a legal obligation to do so.

9. Reliance on Information posted. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

10. Information about you and your visits to our site. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

11. Links from our site. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Liability and Indemnity. To the maximum extent permitted by law, we, [other members of our group of companies and third parties connected to us] hereby expressly exclude:

(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including but not limited to implied warranties of satisfactory quality or fitness for a particular purpose or use with respect to the service. You acknowledge that use of the Piczo service is at your sole risk. The Piczo service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Piczo service. The Piczo service is made available on an AS IS basis. [In no event will the liability of Piczo for any breach of these Terms exceed the total charges incurred by a Member in the month preceding the date the claim for breach arose[1].]

(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. The provisions of this section will survive termination of the agreement to these Terms.

If anyone brings or threatens to bring a claim, complaint, lawsuit or other proceeding against Piczo based on content you post on Piczo or relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action, you agree to indemnify, defend and hold harmless, Piczo, including its officers, directors, employees and agents from and against any and all claims, complaints, proceedings, damages, injuries, liabilities, losses, costs and expenses (including but not limited to legal fees) incurred by Piczo in connection with any such claim, complaint, lawsuit or proceeding.

13. Cancelling the service. Piczo reserves the right to cancel your Piczo website for any reason, with or without notice.

You may cancel your Piczo membership at any time. Cancellation of your Piczo membership also terminates these Terms of Service. Please click here for information on how to cancel your membership.

14. Proprietary Rights. Users agree that Piczo is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other non-personal information you submit to the Piczo Service. Piczo disclaims ownership of the materials you upload to the Piczo Service and will not resell or otherwise convey these rights to any third party. You shall have absolutely no recourse against Piczo as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

The trade mark Piczo and all graphics, logos and service names used to identify Piczo's products and services are trade marks or service marks of Piczo, Inc. Third party trade marks or service marks used in connection with this service are the property of their respective owners. You may not use any trade mark or service mark in connection with any product or service without the expressed permission of the owner of that mark.

Members may not use any portion of the Piczo site or the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation without prior written approval by Piczo. If you are a commercial entity and would like to use Piczo to promote yourself and/or your business, please contact us at bizdev@piczo.com.

15. Governing Law. Venue. Jurisdiction. You agree that these Terms and our Privacy Policy and Acceptable Use Policy shall for all purposes be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California, and that any legal action or proceeding arising out of them shall be litigated and enforced under the laws of the State of California. In addition, you agree to submit to the jurisdiction of the courts of the northern district of the State of California. Piczo's failure to enforce any provision under these Terms, Privacy Policy or Acceptable Use Policy shall not constitute a waiver of any provision or right.

16. Acknowledgment. These Terms, our Privacy Policy and Acceptable Use policy represent the entire understanding and agreement between you and Piczo regarding your relationship to Piczo and supersedes any prior statements, agreements, understandings or representations, whether oral or in writing.

17. Changes. Piczo reserves the right to change these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in Terms of Service may also be superseded by provisions or notices published elsewhere on our site. Any changes made to these Terms will automatically be effective 30 days after they are posted on this page. If you continue to access Piczo after a notice of a change has been published, that means you are agreeing to the new Terms. If you do not agree to a change, you must terminate your membership with Piczo.

18. Contact Us. If you have any concerns about material which appears on our site, please contact terms@piczo.com.