PICVIEW TERMS OF SERVICE


TERMS OF SERVICE

The Site is provided by PicView, together with its affiliates and subsidiaries (collectively, "PicView"). The "Site" and "applications" includes, without limitation: (a) all websites, co-branded Microsites, services, or applications owned or provided by PicView, and all services offered on or through www.picview.com and other services accessible via www.picview.com ("Services"); (b) all software offerings and applications owned or provided by PicView and/or available on or through www.picview.com ("Software"); and (c) web pages, data, text, images, photographs, graphics, audio, video, and documents including, without limitation, offers and deals, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through www.picview.com ("ontent"). By accessing or using the Site and/or application(s), you agree to comply with and be bound by the following terms and conditions ("erms of Service") and the PicView Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE

DESCRIPTION OF SERVICES

PicView is an application that allows you to simultaneously add voice comments and annotations on any image, and in a later stage video or business application (the "Services") through our applications in the various appstores and afterwards can be consulted at www.picview.com and other online areas owned or operated by us, such as our mobile applications (the "Site"). The Services, Applications and Site are collectively referred to here as "PicView" You are responsible for obtaining access to the Site and/or the applications, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

In general the mobile applications will allow the user to:

  • Select an image from the gallery or take a new one using the camera and use it as the base image to annotate;
  • Select one pointer to apply the annotations during the recordings of a new project;
  • While viewing the image, start recording an audio note while at the same time being able to identify points on the image that the user may refer while talking;
  • Apart from single points on screen, the user may draw a circle with his hand (several points into that direction), which will be traced and presented as a perfect circle while previewing;
  • While recording, the user may pause recording and the app will offer the possibility to select a new pointer; those various selections will apply for the entire playback session;
  • As soon as the user stops recording, the image, the recording and the annotated points will be stored in the local storage in a custom PicView format;
  • Select one of the proposed filters and designs (frames) to use on the PicViewed image during playing back; both at the beginning of the application and when requesting to view the list of locally stored PicView files;
  • The user may provide a title of max. 140# to the PicView file;
  • As soon as the PicView file exists (either at the end of recording or after being selected from the list of local files), it may be previewed (played-back) on the device;
  • During preview, the user may still change the filters and designs (frames) and the pointer to be used for the preview; any updates will be stored in the local storage;
  • After preview, the user may decide to publish this PicView file either on the PicView server, on facebook or twitter; or share it via e-mail. Publishing or sharing outside the PicView server implies publishing a URL that points to this file; any user clicking on it will be able to preview the image with the audio comments and the annotations;
  • For the user to publish a file, it is important that the user is registered with the PicView system, the application will offer this capability by using the authentication capabilities of facebook or twitter;
  • As soon as a user registers in the system, his/her credentials are stored locally and remain signed in till s/he logs-off or the credentials change on the server side.
  • The user can log in via e-mail, Twitter or Facebook on the site www.picview.com to consult all of his/hers PicView files.

UPDATES

PicView may revise these Terms of Service or our Privacy Policy at any time. If PicView decides to change these Terms of Service, PicView will post the changes to these Terms of Service and other places PicView deems appropriate so that you are aware of the change(s). Any changes will be effective upon posting as revised, and your continued use of the Site and Applications following the posting will constitute your acceptance of the Terms of Service as revised.

PRIVACY

PicView considers protecting your personal data very important, and has developed a Privace Policy describing PicView’ data collection policies and practices, which is incorporated into these Terms of Service by reference as if set forth in its entirety herein.

CHILDREN

If you are under 13 years of age, then please do not use or access the Site or Applications at any time without parental supervision, or submit any information to the Site or to PicView.

OTHER TERMS

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Service and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

USE OF THE SITE AND APPLICATIONS

Access to and use of password protected or secure areas of the Site / App is restricted to authorized users only. You agree that you will not share your password(s), account information, or access to the Site / App. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify PicView immediately of any unauthorized use of your password(s) or account(s). You agree that PicView will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PicView or another due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You also agree not to access or use the Site / App in any manner that may damage, disable, unduly burden, or impair any PicView networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site / App, or any PicView networks or systems, or to interfere or attempt to interfere with any PicView networks or systems. You agree not to attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site / App, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site, Applications, networks or systems.

YOUR ACCOUNT AT PICVIEW

You will need to register by creating an account with PicView (either by registering directly with us via e-mail or by allowing a PicView application to connect through your Facebook or Twitter profile) in order to publish Content on the Site / App or obtain access to certain Services. If you choose to create an account or PicView profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the PicView Site, Applications and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities who’s privilege to access the Site, Applications or use the Services has previously been terminated by PicView may not register for an account, nor may you designate any of those individuals to use your account on your behalf. PicView relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site, Applications or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site, Applications or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization. ADDITIONAL RESPONSIBLITIES You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PicView has reasonable to suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Service, PicView has the right to suspend or terminate your account and refuse any or all current or future use of the Site, Applications and/or Services (or any portion thereof).

USE OF SOFTWARE Your use of Software is subject to these Terms of Service and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site or Applications and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) The Software may not be modified or altered in any way; and (e) The Software may not be transferred, sublicensed, assigned, copied, or redistributed.

SERVICES PicView may change the Services offered on or through the Site and/or Applications at any time without notice. PicView makes no representation that the Site / App is available for use in your location, and a reference to Services within the Site and/or Applications does not imply that the Services will be available to you and/or in your location.

CONTENT All Content, should not be construed to indicate that any such Content is endorsed by PicView, effective, or safe for your use. Type of Content provided by users in the form of images, videos, documents and related remains at all time the sole responsibility and liability of the users. PicView will in no matter be responsible or liable for any type of content, which may be offensive, inappropriate or even unlawful placed on the Site or within the Applications by the user(s). In case PicView is informed of such content, it will do all its effort to remove this type of content in a shortest delay period and eventually may also remove the user’s account. PicView makes no representation or guarantee that the Content is accurate, complete or timely, and reliance on any information within the Content or provided on or through the Site and /or Applications is solely at your own risk.

THIRD PARTY CONTENT The Site and/or Applications provide links to web sites and access to content, products and services of third parties, and PicView makes no representation or guarantee regarding, and accepts no responsibility or liability for, the accuracy, quality, content, nature or reliability of web sites and content accessible from the Site, and you bear all risks associated with your access and use of such web sites and third party content, products and/or services. Further, links to third party web sites and content do not imply endorsement by or affiliation of PicView with any third party or any third party web site, products and/or services.

FEEDBACK All comments or materials submitted by you to PicView through the Site or Application stores, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by PicView on a non-confidential and unrestricted basis. Further, PicView shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Service or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.

OWNERSHIP All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of PicView and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any PicView name, trademark, logo or other proprietary materials, the Content of any text or the design of any page, or form contained on a page, without PicView’ express prior written consent. Except as stated in these Terms of Service, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of PicView or the respective user.

SYNCING If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location data, you understand and accept that by activating the applicable Software feature, it will require that PicView capture, collect, transmit, store, and use such content and/or data.

DISCLAIMER EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PICVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, PICVIEW MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, SERVICES, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE AND APPLICATIONS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, APPLICATIONS, SERVICES, SOFTWARE, OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF ANY SERVICES OR CONTENT OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY SERVICES, APPLICATIONS, SOFTWARE OR CONTENT ACCESSED, USED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE SITE IS USED BY YOU AT YOUR OWN RISK. PICVIEW SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITE, SOFTWARE, OR CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PICVIEW AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, R DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, APPLICATIONS OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF PICVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PICVIEW AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE AND/OR APPLICATIONS FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER OR EXCLUSION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE DO NOT APPLY; HOWEVER, ALL OTHER TERMS AND CONDITIONS SHALL APPLY AND REMAIN IN FULL FORCE AND EFFECT.

INDEMNITY You agree to defend, indemnify and hold PicView and its officers, directors, employees, agents and affiliates harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), arising out of or relating to your use of the Site, Applications, Services, Software or Content or your violation of these Terms of Service.

TERMINATION PicView has the right, but not the obligation, to monitor any activity on the Site and Applications. PicView may disclose information from the Site and Applications to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation. PicView may investigate any reported violation of its policies and complaints, and take any appropriate action it deems appropriate at any time, including without limitation, suspension or termination of access and/or use of the Site, Applications or any applicable Services, Software or Content. In addition, PicView may, in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Brussels - Belgium, without resort to its conflict of law principles. Regardless of where you access or use the Site an/or Applications, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed and adjudicated only in the courts located in Brussels, Belgium, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these Terms of Service.

COMPLIANCE WITH LAWS

You agree not to use the Site, Applications, Services, Software, or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Service. Further, you agree not to access, download, use or export the Site, Services, Software, or Content provided on or through the Site, in violation of export laws or regulations, or in violation of any other applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site, Applications, Services, Software, or Content in violation of any such restrictions, laws, rules or regulations, or without all necessary approvals.

GENERAL

These Terms of Service and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms of Service is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms of Service. No waiver by PicView of any breach or default of these Terms of Service will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Service represent the complete agreement between PicView and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between PicView and you.

COPYRIGHT & TRADEMARK

PicView.com name and logo is a registered trademark of Picview.com. PicView is patent pending and was published 1 December 2011. All other trademarks, patents, logos and service marks are the property of PicView.

CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact PicView.com at info at picview dot com.