Terms of Use

Terms of Use for General Users of the Site

Welcome to Pictory, a showcase for the best photo stories submitted by our members. Please read the terms and conditions that follow, as they govern all use of the Pictorymag.com website (“Website”) and the Services and Content (defined below) available on the Website. This site is owned and operated by Pictory. Any Authorized User or Member (each defined below) must be 18 years old or older or obtain the consent of the Member’s parent or legal guardian to use the website.

Be sure to read these terms carefully before in any way using or accessing any part of the Website, including Services or Content (as defined below). This includes making Submissions (as defined below). These Terms and Conditions of Use (“Terms and Conditions”) shall govern you as an Authorized User or as the member named on the Pictory User ID, (collectively, “Member”) regarding any use of Pictory’s services, any Content, the Website or any other uses related to Pictorymag.com.

  1. Description of Pictory. Pictorymag.com is an Internet-based service operated by Pictory for the access by its members and the public. Access via any duly authorized proxy server through which access is regulated by password and user-name protection or by such other security and use-tabulation procedures as Pictory may reasonably prescribe from time to time. Access to electronic content via Pictory is expressly restricted to Members, or other expressly authorized patrons who Pictory reasonably believes will abide by the use restrictions set forth in these Terms and Conditions (each, an “Authorized User”). With the exception of individual Submission(s), the Services are owned and operated by Pictory and the services and Content available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated (collectively, the “Services”).

  2. Definitions. As used in these Terms and Conditions, the following terms shall hereinafter have the following meanings:

“Authorized User” shall mean an expressly authorized patron who Pictory reasonably believes will abide by the use restrictions set forth in these Terms and Conditions. “Content” shall mean any images, captions, design elements, software, text, or other media or information that can be accessed through the Services.
“Member shall mean any Authorized User or member named on a Pictory User ID. “Pictory User ID” shall mean Member’s registered password and screen name for use of Pictory. “Privacy Policy” shall mean Pictory’s privacy statement regarding the Services located at http://pictorymag.com/privacy. “Publicize” shall mean a non-exclusive, royalty-free, perpetual, limited license to use and publish such Submission(s), through online media. “Services” shall mean the services provided by Pictory to host Content available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated. “Spamming” shall mean the unauthorized or unsolicited advertising, junk or bulk e-mail. “Submission” shall mean any upload of Member’s own photos, text and other Content to the Website. “Website” shall mean the Pictorymag.com website.

  1. Representations. Member represents and warrants that he or she has the authority to enter into these Terms and Conditions and to perform its obligations under it, and that he or she shall at all times materially comply with its obligations and duties under these Terms and Conditions. Member is 18 years old or older or has obtained the consent of Member’s parent or legal guardian to use the Website or Services set forth herein.

  2. Rules and Conduct. Member acknowledges, covenants and agrees to comply with the following Rules and Conduct:

A. The Services, including without limitation all Content or any other information provided by the Services, are strictly for personal use only and are not intended and shall not be used for commercial purposes of any kind, unless approved specifically in writing by Pictory.

B. It is expressly prohibited for Member to use the Services in any unauthorized way. Any images, captions, design elements, software, text, or other media or information that can be accessed through the Services are included in this Terms of Service’s definition of “Content”. This includes Submissions of any kind.

C. As a condition of use, Member promises not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pictory. Member agrees to abide by all applicable local, state, national and international laws and regulations. By way of example, and not as a limitation, Member shall not take any action, upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:

(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use;

(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“Spamming”);

(iv) imposes an unreasonable or disproportionately large load on Pictory’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;

(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Pictory or any third party;

(vi) impersonates any person or entity without his, her or its express written consent; or

(vii) involves commercial activities without the prior written consent of Pictory

D. Member shall not use any robot, spider, scraper or other automated means to access the Services for any purpose without Pictory’s express written permission.

E. Member shall not:

(i) take any action that imposes, or may impose in Pictory’s sole discretion an unreasonable or disproportionately large load on Pictory’s infrastructure;

(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or

(iii) bypass any measures Pictory may use to prevent or restrict access to the Services.

F. Member shall not (and Member shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that Member receives hereunder. In addition, Member shall not remove any proprietary notices or labels.

G. Member may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms and Conditions; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

H. Pictory may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.

I. Pictory may, at its sole discretion, immediately terminate Member’s access to the Services should Member’s conduct fail to conform strictly with any of the terms or conditions or with any provision of this section.

J. The Services allow Member to upload Member’s own photos, text and other Content (“Submission(s)”) provided that Member do so strictly in accordance with any instructions provided in the Services.

K. By uploading (or otherwise submitting) Submission(s) to the Services, Member shall:

(i) grant to Pictory a non-exclusive, royalty-free, perpetual, limited license to use and publish such Submission(s), through online media (collectively, “Publicize”);

(ii) represent and warrant to Pictory that Member is the original creator of the Submission(s);

(iii) represent and warrant to Pictory that Member owns or otherwise controls all rights to such Submission(s) and that use and disclosure of the Submission(s) by Pictory (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and

(iv) agree not to provide Pictory with any confidential or proprietary information that Member desires to or is required to keep secret.

L. Pictory’s foregoing right to Publicize Member’s Submission(s) may only be revoked by Member prior to Pictory’s decision to Publicize the Submission(s), which decision is made internally by Pictory without notice to Member. To revoke Pictory’s right to Publicize Member’s Submission(s), Pictory must receive written notice from Member at support@pictorymag.com prior to its internal decision to Publicize Member’s Submission(s). In the event Member wishes to revoke Pictory’s right to Publicize Member’s Submission(s), Member must notify Pictory immediately. Once Pictory has made an internal decision to Publicize Member’s Submission(s), Member will have no right to revoke Pictory’s right to Publicize Member’s Submission(s) and Pictory will have no obligation to discontinue or prevent Member’s Submission(s) from being Publicized. After Pictory has received Member’s written notice of revocation, Pictory will have a commercially reasonable period of time to implement Member’s request.

  1. Registration. As a condition to some uses of the Services, Member will be required to register with Pictory and select a password and screen name (“Pictory User ID”). Member must provide Pictory with accurate, complete, and updated registration information. Member shall not (i) select or use as an Pictory User ID a name of another person with the intent to impersonate that person; (ii) use as a Pictory User ID a name subject to any rights of a person other than Member without appropriate authorization; or (iii) use as a Pictory User ID a name that is otherwise offensive, vulgar or obscene. Pictory reserves the right to refuse registration of, or cancel a Pictory User ID in its sole discretion. Member is solely responsible for activity that occurs on Member’s account and shall be responsible for maintaining the confidentiality of Member’s Pictory password. Member may never use another user’s account without such user’s express permission. Member will immediately notify Pictory in writing of any unauthorized use of Member’s account, or other account related security breach of which Member is aware.

  2. Third Party Sites.

A. The Services may permit Member to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under Pictory’s control, and Member acknowledges that Pictory is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by Pictory or any association with its operators. Member further acknowledges and agrees that Pictory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.

B. Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from Pictory or the original creator of such Submission may do so (i) only in order to provide a link or other reference to the Website, and (ii) only if the creator of such Submission is given artistic credit for his or her work within such link or reference. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.

  1. Modification of Terms and Conditions. Pictory reserves the right to replace or change any of these Terms and Conditions for any reason and at any time. Member is responsible for checking periodically for changes to these Terms and Conditions. If Member continues to use the Services after any changes are posted to the Terms and Conditions, such continued use of the Services shall constitute Member’s acceptance of those changes.

  2. Privacy. For Pictory’s full privacy statement regarding the Services, please view the privacy policy (the “Privacy Policy”), incorporated by this reference. If Member has a question regarding Pictory’s Privacy Policy or need to report a problem related to privacy, please email support@pictorymag.com.

  3. Copyright. Unless otherwise stated in writing by Pictory, all content accessible on Pictory.com is protected by copyright; at all times, it must be treated and protected as copyrighted material by Member and any Authorized Users. For more information on copyright, please view the privacy policy

  4. Failure of Services. Pictory shall not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failures of systems performance or the Services. Pictory will use commercially reasonable efforts to correct any material systems performance problem and may suspend systems performance pending completion of any correction.

  5. Term. These Terms and Conditions shall become effective upon acknowledgement and execution by Member and acceptance by Pictory and shall remain in effect until terminated by either party in accordance with its terms.

  6. Suspension and Termination.

A. At its election, Pictory may temporarily suspend Member’s rights to the Services or Website on Pictory’s belief or suspicion that Member has breached these Terms and Conditions in any way. Pictory may restore access to the Services or the Website upon a showing by Member, to Pictory’s reasonable satisfaction, that the breach shall have been corrected.

B. Pictory may, in its sole discretion, terminate Member’s access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate Member’s account, Member shall discontinue use of the Services. Third party references or links to Member’s account that are not under the control of Pictory may persist beyond actual termination and deletion of Member’s account. Pictory shall not be responsible for such links, but upon receipt of notice at support@pictorymag.com that a problem exists, Pictory will attempt to notify the source of the problem that the link is no longer active. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Member’s representations and warranties, warranty disclaimers, indemnity and limitations of liability.

  1. No Warranties. THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDEDAS ISANDAS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MEMBER’S USE OF THE SERVICES IS SOLELY AT MEMBER’S OWN RISK. PICTORY MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.

  2. Limitation of Liability. IN NO EVENT SHALL PICTORY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MEMBER USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. MEMBER SPECIFICALLY RELEASES PICTORY FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.

  3. Indemnification. Member shall indemnify, defend with counsel reasonably acceptable to Pictory, and hold harmless Pictory and its directors, employees, agents, partners, representatives, affiliates, employees, contractors, officers, and/or representatives, from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) Member’s use or misuse of the Services, (ii) Member’s violation or breach of these Terms and Conditions, (iii) any disputes regarding ownership rights of any kind arising from Member’s Submission(s), or (iv) the infringement by Member, or any third party using Member’s account, of any intellectual property or other right of any person or entity. By execution of these Terms and Conditions, Member acknowledges and agrees to all of the provisions of this Section and that it is a material element of consideration.

  4. Integration and Severability. These Terms and Conditions are the entire agreement between Member and Pictory with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Member and Pictory with respect to the Services (but excluding the use of any software which may be subject to a separate end-user license agreement. If any term, provision, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect unless an essential purpose of these Terms and Conditions is defeated by such invalidity or unenforceability.

  5. Governing Law; Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Member expressly agree to the exclusive jurisdiction, forum and venue of the state or federal courts located in the County of San Francisco, California for any claim or action arising out of or relating to these Terms and Conditions or Member’s use of the Services, and Member further agree to and submit to such forum and venue, and to the exercise of personal jurisdiction of such courts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section. Member agrees that any cause of action arising out of or related to the Services must commence within the statute of limitations provided under California law.

  6. Assignment; No Third Party Beneficiaries. These Terms and Condition are personal to Member, and are not transferable by Member except with Pictory’s prior written consent. Pictory may assign, transfer or delegate any of its rights and obligations hereunder without consent. Nothing contained in these Terms and Conditions is intended to or shall be deemed to confer upon any person, other than the parties hereto and their respective successors and assigns, any rights or remedies hereunder.

  7. Attorney Fees. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

  8. Notices. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.

Terms of Use for Submitters

Welcome to Pictory, a showcase for the best photo stories submitted by our members. Please read the terms and conditions that follow, as they govern all use of the Pictorymag.com website (“Website”) and the Services and Content (defined below) available on the Website. This site is owned and operated by Pictory. Member (defined below) must be 18 years old or older or obtain the consent of the Member’s parent or legal guardian to use the website.

Be sure to read these terms carefully before in any way using or accessing any part of the Website, including Services or Content (as defined below). This includes making Submissions (as defined below). By marking “I accept” below, you are bound by these terms of service. If you do not agree with these terms of service, do not mark the button, and you as the Member will not have access to the site.

These Terms and Conditions of Use (“Terms and Conditions”) by and between Laura Brunow Miner, a sole proprietor and d/b/a Pictory (“Pictory”) and you as the Member named on the Pictory User ID, an individual (the “Member”), are entered into with respect to the use of Pictory’s services, any Content, the Website or any other uses related to Pictorymag.com. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

  1. Description of Pictory. Pictorymag.com is an Internet-based service operated by Pictory for the access by its members and the public. Access via any duly authorized proxy server through which access is regulated by password and user-name protection or by such other security and use-tabulation procedures as Pictory may reasonably prescribe from time to time. Access to electronic content via Pictory is expressly restricted to Members, or other expressly authorized patrons who Pictory reasonably believes will abide by the use restrictions set forth in these Terms and Conditions (each, an “Authorized User”). With the exception of individual Submission(s), the Services are owned and operated by Pictory and the services and Content available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated (collectively, the “Services”).

  2. Definitions. As used in these Terms and Conditions, the following terms shall hereinafter have the following meanings:

“Authorized User” shall mean an expressly authorized patron who Pictory reasonably believes will abide by the use restrictions set forth in these Terms and Conditions. “Content” shall mean any images, captions, EXIF data, design elements, software, text, or other media or information that can be accessed through the Services. “Pictory User ID” shall mean Member’s registered password and screen name for use of Pictory. “Privacy Policy” shall mean Pictory’s privacy statement regarding the Services located at http://pictorymag.com/privacy. “Publicize” shall mean a non-exclusive, royalty-free, perpetual, limited license to use and publish such Submission(s), through online media. “Services” shall mean the services provided by Pictory to host Content available on the Website and derived from the Website, including any print or promotional materials, no matter how disseminated. “Spamming” shall mean the unauthorized or unsolicited advertising, junk or bulk e-mail. “Submission” shall mean any upload of Member’s own photos, text, EXIF data, and other Content to the Website. “Website” shall mean the Pictorymag.com website.

  1. Representations. Member represents and warrants that he or she has the authority to enter into these Terms and Conditions and to perform its obligations under it, and that he or she shall at all times materially comply with its obligations and duties under these Terms and Conditions. Member is 18 years old or older or has obtained the consent of Member’s parent or legal guardian to use the Website or Services set forth herein.

  2. Rules and Conduct. Member acknowledges, covenants and agrees to comply with the following Rules and Conduct:

A. The Services, including without limitation all Content or any other information provided by the Services, are strictly for personal use only and are not intended and shall not be used for commercial purposes of any kind, unless approved specifically in writing by Pictory.

B. It is expressly prohibited for Member to use the Services in any unauthorized way. Any images, captions, design elements, software, text, or other media or information that can be accessed through the Services are included in this Terms of Service’s definition of “Content”. This includes Submissions of any kind.

C. As a condition of use, Member promises not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pictory. Member agrees to abide by all applicable local, state, national and international laws and regulations. By way of example, and not as a limitation, Member shall not take any action, upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that:

(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

(ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use;

(iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“Spamming”);

(iv) imposes an unreasonable or disproportionately large load on Pictory’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise;

(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Pictory or any third party;

(vi) impersonates any person or entity without his, her or its express written consent; or

(vii) involves commercial activities without the prior written consent of Pictory

D. Member shall not use any robot, spider, scraper or other automated means to access the Services for any purpose without Pictory’s express written permission.

E. Member shall not:

(i) take any action that imposes, or may impose in Pictory’s sole discretion an unreasonable or disproportionately large load on Pictory’s infrastructure;

(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or

(iii) bypass any measures Pictory may use to prevent or restrict access to the Services.

F. Member shall not (and Member shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that Member receives hereunder. In addition, Member shall not remove any proprietary notices or labels.

G. Member may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms and Conditions; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

H. Pictory may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.

I. Pictory may, at its sole discretion, immediately terminate Member’s access to the Services should Member’s conduct fail to conform strictly with any of the terms or conditions or with any provision of this section.

J. The Services allow Member to upload Member’s own photos, text and other Content (“Submission(s)”) provided that Member do so strictly in accordance with any instructions provided in the Services.

K. By uploading (or otherwise submitting) Submission(s) to the Services, Member shall:

(i) grant to Pictory a non-exclusive, royalty-free, perpetual, limited license to use and publish such Submission(s), through online media (collectively, “Publicize”);

(ii) represent and warrant to Pictory that Member is the original creator of the Submission(s);

(iii) represent and warrant to Pictory that Member owns or otherwise controls all rights to such Submission(s) and that use and disclosure of the Submission(s) by Pictory (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and

(iv) agree not to provide Pictory with any confidential or proprietary information that Member desires to or is required to keep secret.

L. Pictory’s foregoing right to Publicize Member’s Submission(s) may only be revoked by Member prior to Pictory’s decision to Publicize the Submission(s), which decision is made internally by Pictory without notice to Member. To revoke Pictory’s right to Publicize Member’s Submission(s), Pictory must receive written notice from Member at support@pictorymag.com prior to its internal decision to Publicize Member’s Submission(s). In the event Member wishes to revoke Pictory’s right to Publicize Member’s Submission(s), Member must notify Pictory immediately. Once Pictory has made an internal decision to Publicize Member’s Submission(s), Member will have no right to revoke Pictory’s right to Publicize Member’s Submission(s) and Pictory will have no obligation to discontinue or prevent Member’s Submission(s) from being Publicized. After Pictory has received Member’s written notice of revocation, Pictory will have a commercially reasonable period of time to implement Member’s request.

  1. Registration. As a condition to some uses of the Services, Member will be required to register with Pictory and select a password and screen name (“Pictory User ID”). Member must provide Pictory with accurate, complete, and updated registration information. Member shall not (i) select or use as an Pictory User ID a name of another person with the intent to impersonate that person; (ii) use as a Pictory User ID a name subject to any rights of a person other than Member without appropriate authorization; or (iii) use as a Pictory User ID a name that is otherwise offensive, vulgar or obscene. Pictory reserves the right to refuse registration of, or cancel a Pictory User ID in its sole discretion. Member is solely responsible for activity that occurs on Member’s account and shall be responsible for maintaining the confidentiality of Member’s Pictory password. Member may never use another user’s account without such user’s express permission. Member will immediately notify Pictory in writing of any unauthorized use of Member’s account, or other account related security breach of which Member is aware.

  2. Third Party Sites.

A. The Services may permit Member to link to other websites or resources on the Internet, and other websites or resources may contain links to the Services. These other websites are not under Pictory’s control, and Member acknowledges that Pictory is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by Pictory or any association with its operators. Member further acknowledges and agrees that Pictory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party website or resource.

B. Any third party such as a blogger or reviewer that seeks to reproduce a Submission without express written consent from Pictory or the original creator of such Submission may do so (i) only in order to provide a link or other reference to the Website, and (ii) only if the creator of such Submission is given artistic credit for his or her work within such link or reference. Any party that violates the aforementioned regulation shall be subject to legal action for the infringement of copyright and/or other proprietary rights, as applicable.

  1. Modification of Terms and Conditions. Pictory reserves the right to replace or change any of these Terms and Conditions for any reason and at any time. Member is responsible for checking periodically for changes to these Terms and Conditions. If Member continues to use the Services after any changes are posted to the Terms and Conditions, such continued use of the Services shall constitute Member’s acceptance of those changes.

  2. Privacy. For Pictory’s full privacy statement regarding the Services, please view the privacy policy (the “Privacy Policy”), incorporated by this reference. If Member has a question regarding Pictory’s Privacy Policy or need to report a problem related to privacy, please email support@pictorymag.com.

  3. Copyright. Unless otherwise stated in writing by Pictory, all content accessible on Pictory.com is protected by copyright; at all times, it must be treated and protected as copyrighted material by Member and any Authorized Users. For more information on copyright, please view the privacy policy

  4. Failure of Services. Pictory shall not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, force majeure or other failures of systems performance or the Services. Pictory will use commercially reasonable efforts to correct any material systems performance problem and may suspend systems performance pending completion of any correction.

  5. Term. These Terms and Conditions shall become effective upon acknowledgement and execution by Member and acceptance by Pictory and shall remain in effect until terminated by either party in accordance with its terms.

  6. Suspension and Termination.

A. At its election, Pictory may temporarily suspend Member’s rights to the Services or Website on Pictory’s belief or suspicion that Member has breached these Terms and Conditions in any way. Pictory may restore access to the Services or the Website upon a showing by Member, to Pictory’s reasonable satisfaction, that the breach shall have been corrected.

B. Pictory may, in its sole discretion, terminate Member’s access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If Member wishes to terminate Member’s account, Member shall discontinue use of the Services. Third party references or links to Member’s account that are not under the control of Pictory may persist beyond actual termination and deletion of Member’s account. Pictory shall not be responsible for such links, but upon receipt of notice at support@pictorymag.com that a problem exists, Pictory will attempt to notify the source of the problem that the link is no longer active. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, Member’s representations and warranties, warranty disclaimers, indemnity and limitations of liability.

  1. No Warranties. THE SERVICES AND ALL CONTENT (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES, ARE PROVIDEDAS ISANDAS AVAILABLE.” THE FOREGOING ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MEMBER’S USE OF THE SERVICES IS SOLELY AT MEMBER’S OWN RISK. PICTORY MAKES NO WARRANTIES OF ANY KIND IN REGARD TO THE CONTENT, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR OTHERWISE POSTED BY USERS OF THE SERVICES.

  2. Limitation of Liability. IN NO EVENT SHALL PICTORY OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS, ADVERTISERS OR USERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY CONTENT (I) FOR ANY LOST PROFITS OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MEMBER USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICES. MEMBER SPECIFICALLY RELEASES PICTORY FROM ALL LIABILITY FOR ANY USER CONTENT OR CONDUCT.

  3. Indemnification. Member shall indemnify, defend with counsel reasonably acceptable to Pictory, and hold harmless Pictory and its directors, employees, agents, partners, representatives, affiliates, employees, contractors, officers, and/or representatives, from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) Member’s use or misuse of the Services, (ii) Member’s violation or breach of these Terms and Conditions, (iii) any disputes regarding ownership rights of any kind arising from Member’s Submission(s), or (iv) the infringement by Member, or any third party using Member’s account, of any intellectual property or other right of any person or entity. By execution of these Terms and Conditions, Member acknowledges and agrees to all of the provisions of this Section and that it is a material element of consideration.

  4. Integration and Severability. These Terms and Conditions are the entire agreement between Member and Pictory with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Member and Pictory with respect to the Services (but excluding the use of any software which may be subject to a separate end-user license agreement. If any term, provision, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect unless an essential purpose of these Terms and Conditions is defeated by such invalidity or unenforceability.

  5. Governing Law; Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Member expressly agree to the exclusive jurisdiction, forum and venue of the state or federal courts located in the County of San Francisco, California for any claim or action arising out of or relating to these Terms and Conditions or Member’s use of the Services, and Member further agree to and submit to such forum and venue, and to the exercise of personal jurisdiction of such courts. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section. Member agrees that any cause of action arising out of or related to the Services must commence within the statute of limitations provided under California law.

  6. Assignment; No Third Party Beneficiaries. These Terms and Condition are personal to Member, and are not transferable by Member except with Pictory’s prior written consent. Pictory may assign, transfer or delegate any of its rights and obligations hereunder without consent. Nothing contained in these Terms and Conditions is intended to or shall be deemed to confer upon any person, other than the parties hereto and their respective successors and assigns, any rights or remedies hereunder.

  7. Attorney Fees. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

  8. Notices. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.