Terms & Conditions

1. Acceptance of terms

You agree to and are bound by the terms and conditions set forth below, as well as any changed or additional terms published from time to time by Picboot, Inc. (collectively, the "Terms of Use"). Do not access or use this Site if you do not agree to all of the terms and conditions set forth in the Terms of Use.

Picboot has the right to modify these Terms of Service at any moment. Continued access or use of the Site indicates that you agree to the modifications. The current version of the Terms of Usage, rules, and guidelines displayed on the Site at the time of such use will govern your access and use of the Site. Please check the "Terms of Use" link on the Picboot.com main page for the most up-to-date terms. Your license to access or use this Site will instantly terminate if you violate any of the Terms of Use.

2. Intellectual Property; Limited License to Users

You may access and use the Site if you comply with these Terms of Use, any applicable license agreement with Picboot, and the law. Picboot retains all right, title, and interest in and to the Site, and reserves all rights not expressly granted in these Terms of Use. Picboot reserves the right, in its sole discretion, to change, replace, or discontinue the Site or any part of it at any time, for any reason, with or without notice. The Site is provided "as is" and "as available" by Picboot.

You may not download, distribute, display, or copy any Picboot Content unless you have signed a licence agreement with Picboot.

Any watermarks or copyright statements in the Picboot Content may not be removed.

3. Information you provide

Picboot (or third-party agents acting on its behalf) may collect data about your use of the Site. Third-party platforms through which you visit the Site may gather information about your use of the platform and provide it to Picboot, subject to your agreement with the appropriate third-party platform. This Terms of Use, the Picboot Privacy Policy, and relevant law govern Picboot's acquisition and use of all such information.

Picboot will use and protect your personal information, such as your name and address, in line with the Picboot Privacy Statement, which is incorporated into these Terms of Use by reference.

4. Infringement Claims

You may inform Picboot in the manner set forth in our DMCA Copyright Infringement Notice Policy if you feel that any Image or other content made available by Picboot infringes upon any copyright that you own or manage.

5. Limitations

You agree not to:
● Engage in any action that would be a violation of any law or would infringe on Picboot's or a third party's rights.
● Engage in any activity prohibited by these Terms of Use, or violate any applicable laws or regulations connected to access to or use of the Site.
● Abuse, slander, harass, stalk, or threaten another person, or violate Picboot or third-party rights (including privacy and publicity rights).

6. Restrictions and Termination of use

Picboot reserves the right to restrict, disable, suspend, or terminate your access to all or part of the Site and/or Picboot Content at any time and without notice or obligation to you. Any behaviour on your part that, in Picboot's sole judgement, restricts or inhibits any other person or entity from using or enjoying the Site is strictly forbidden, and your access to the Site may be terminated without notice.

7. Link to third party sites

You understand and agree that Picboot makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms if the Site is available through any third-party platform, or if Picboot provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site. These platforms are not under Picboot's control, and Picboot only provides and/or enables these links for your convenience. The presence of any link does not imply Picboot's affiliation, endorsement, or adoption.

8. Indemnification

You agree to defend, indemnify, and hold harmless Picboot, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, Submitters, and independent contractors from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Website Terms of Use, or any representation made by you.

9. Miscellaneous

● Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be resolved by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or in any court having jurisdiction thereof. The arbitration will take place in the state and county of New York. The arbitration will be conducted in English. One arbitrator will be appointed. In the arbitration, each party is responsible for their own fees. Picboot also reserves the right to bring and prosecute any legal or equitable action or process in any court of competent jurisdiction to obtain injunctive or other relief against you if such action is necessary or desirable in Picboot's view.
● The laws of the State of New York govern and shall be construed in accordance with these Terms of Use, without regard to its conflict of law’s provisions.
● If these Terms of Use and any license agreement you engage with Picboot contradict, the terms of the license agreement will take precedence.
● These Terms of Use shall be construed in accordance with the fair meaning of the language hereof, not against or in favour of any party. The validity or enforceability of the remainder of these Terms of Use will not be affected by the invalidity or unenforceability of any part of them.

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