PICTOSO - TERMS OF USE

Welcome to PictoSo, Inc. ("PictoSo"). By using PictoSo's application (the "App") (defined to include all properties (mobile, Web or otherwise) owned and operated by PictoSo), related data, and/or related services (collectively, the "Services"), the individual clicking the "I Accept" button when signing-on to the app ("you") agree to be bound by the following terms of use, as updated from time to time ("Terms of Use"). Although these Terms of Use form a legal contract, they are here to ensure the continual enjoyment of all users of the App. Your enjoyment is of paramount importance to us at PictoSo.

Permitted Use.

You agree to use the Services for your personal use only. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.

Restrictions and Additional Terms.

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services.

Age Requirement

PictoSo is intended for users who are 13 years old. Persons under the age of 13 are prohibited from creating PictoSo accounts. Some features or functionality offered by us (such as the Private Album List) or others through the Services, require users to be at least 18 years old. Those Services may be subject to separate terms from us or third parties that contain these further age requirements.

Acceptable Use.

You agree not to use the Services in any way that:
  1. is unlawful;
  2. will share or post data, files or photographs (in all digital formats) which may be considered:
    1. violent,
    2. pornographic,
    3. nude,
    4. infringing,
    5. discriminatory,
    6. sexually suggestive, or
    7. or otherwise offensive;
  3. harms PictoSo, its service providers, suppliers or any other user;
  4. distributes or posts spam, chain letters, pyramid schemes, or similar communications through the Services; or
  5. impersonates another person or misrepresent your affiliation with another person or entity.

Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Apps or otherwise.

Services.

By filling out a contact request or other request form on the Services or by otherwise using the App in any way [including linking the App to your Facebook profile], you authorize PictoSo to access, store and provide to third-parties your name, contact information, location information and all other identifying and other information you provide.

Materials You Provide; Account Use; Privacy; Third Party Apps.

For materials and information you post, share or otherwise provide to PictoSo in connection with the Services, or which PictoSo is able to access as a result of your use of the App, including, without limitation, on Albums List and Favorited Albums List (collectively the "Albums"), and information concerning terms and conditions contained in agreements into which you may have entered (except for your content stored on your Private Album Lists which can only be accessed by you or any other authorized person with your Private Album passcode), through the App or otherwise (all such materials and information, collectively, your "User Content"), you grant PictoSo an irrevocable, perpetual, royalty-free worldwide license to (a) use such User Content, and provide such User Content to applicable third parties, in each case in connection with the provision of Services, (b) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Content, in connection with the Services or in any other media, and (c) sublicense these rights, to the maximum extent permitted by applicable law. PictoSo will not pay you for your User Content or to exercise any rights related to your User Content set forth in the preceding sentence. PictoSo may remove or modify your User Content at any time. For each User Content, you agree to provide accurate and complete information and represent that you have all rights necessary to grant PictoSo the rights in this paragraph, that PictoSo' use of the User Content will not infringe any third party rights and that the User Content complies with Section 2(a) above. You are solely responsible for all User Content made through your user account(s) on the Services or that you otherwise make available through the Services. You may not share your user account(s) information on the Services with others (except account information required for authorized access to the Albums). You are responsible for all actions taken via your account. PictoSo will treat your use of the Services in accordance with its Privacy Policy. Certain PictoSo functionalities may involve the distribution of your User Content to third party Apps over which PictoSo has no control. PictoSo is not responsible for and makes no warranties or representations pertaining to these third party Apps, including but not limited to the content, availability, or functionality of such Apps. You are responsible for ensuring that your User Content complies with the terms of use associated with any such third party App and you understand that your User Content and your use of a third party App will be treated in accordance with that third party app's on privacy policy.

Software.

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then PictoSo grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

Linked Materials and Third-Party Materials.

The Services include links to third-party contracts, agreements, products, services and Apps, as well as other materials provided by third parties. PictoSo does not endorse, and takes no responsibility for such products, services, apps, and materials. You understand that PictoSo has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and PictoSo takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Claims of Copyright Infringement.

PictoSo respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PictoSo' copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;

Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:

If relating to PictoSo, Inc.
By mail: PictoSo, Inc., C/O Davis, Malm & D'Agostine, P.C., One Boston Place, Boston, MA 02108, Attention: Copyright Agent
By e-mail: DMCA_notice_email@PictoSo.com

Intellectual Property.

The Services are the property of PictoSo, and subject to the intellectual property rights of PictoSo and its licensors. ©2015 PictoSo, Inc. or © 2015 PictoSo, Inc. All rights reserved. PictoSo are trademarks and/or registered trademarks of PictoSo in the United States and/or other countries. You may not use any of PictoSo's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. PictoSo does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

Back up Your USER Content

You are responsible for backing up, to your own computer, the cloud or other device, any important documents, images or other User Content that you store or access via the Services.

PictoSo shall use reasonable skill and due care in providing the Services, but PictoSo does not guarantee or warrant that any User Content you may store or access through the Services will not be subject to inadvertent damage, corruption or loss.

NO WARRANTY.

PICTOSO PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. PICTOSO DOES NOT GUARANTEE OR WARRANT THAT ANY USER CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICES WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND PICTOSO SHALL NOT BE RESPONSIBLE SHOULD DAMAGE, CORRUPTION, LOSS OR REMOVAL OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICTOSO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PICTOSO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL PICTOSO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PICTOSO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Changes; Discontinuance.

PictoSo reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to PictoSo' properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. PictoSo may alter, suspend, or discontinue the Services at any time to you and/or to others, without notice.

Choice of Law; Disputes.

These Terms of Use are governed by the laws of the Delaware, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Delaware for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys' fees and expenses.

Indemnification.

You agree to defend and hold PictoSo, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any User Content made through your user account on the Services or that you otherwise make available through the Services.

Release.

You release PictoSo, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.

General.

You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PictoSo may assign these Terms of Use, in completely or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. PictoSo' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and PictoSo with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and PictoSo with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 7, 8, 9 through 14.

By clicking "I Accept" when signing-on to the App you expressly acknowledge and agree to be bound by the terms and conditions of the Terms of Use, and further acknowledge that you are legally competent to enter into this agreement with PictoSo, Inc.