Terms of Service
Last updated: November 11, 2024
Please read these Terms of Service carefully before using PickIMG. By accessing or using our services, you agree to be bound by these terms.
1. Agreement to Terms
By accessing or using PickIMG ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
PickIMG is a cloud-based image management and delivery platform that provides:
- Image storage and hosting services
- Image editing and processing tools (compression, cropping, watermarking, resizing)
- Portfolio and gallery creation for photographers and studios
- Custom branding and white-label solutions
- Image delivery via CDN
- API access for developers
- Community features for creative professionals
- We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
3. Account Registration
3.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
3.2 Account Eligibility
You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem appropriate.
4. User Content and Conduct
4.1 Your Content
You retain all rights to the content you upload to the Service ("User Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your content solely for the purpose of providing and improving the Service.
4.2 Content Restrictions
You agree not to upload, post, or transmit content that:
- Violates any law or regulation
- Infringes on intellectual property rights of others
- Contains viruses, malware, or other harmful code
- Is obscene, pornographic, or sexually explicit (except for legitimate professional photography)
- Contains hate speech, harassment, or discriminatory content
- Promotes violence or illegal activities
- Violates the privacy rights of others
- Is spam or unauthorized commercial content
4.3 Content Responsibility
You are solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or opinions expressed by users.
4.4 Content Moderation
We reserve the right (but have no obligation) to monitor, review, and remove any User Content that violates these Terms or that we find objectionable.
5. Subscription Plans and Payments
5.1 Pricing
We offer various subscription plans with different features and storage limits. Current pricing is available on our pricing page. We reserve the right to change prices at any time with reasonable notice.
5.2 Billing
Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees. If automatic billing fails, we may suspend your account.
5.3 Refunds
Subscription fees are non-refundable except as required by law or as otherwise stated in these Terms. We may offer refunds on a case-by-case basis at our sole discretion.
5.4 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of that period.
5.5 Free Trial
We may offer a free trial period for certain plans. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends.
6. Storage and Usage Limits
Each subscription plan includes specific storage limits and usage quotas. If you exceed your limits:
- You may be required to upgrade to a higher plan
- We may limit or suspend certain features
- Additional charges may apply for overage
- We will make reasonable efforts to notify you before taking any action due to exceeding limits.
7. Intellectual Property
7.1 Our Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are owned by PickIMG and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2 Trademarks
PickIMG, our logo, and other marks are trademarks of PickIMG. You may not use these trademarks without our prior written permission.
7.3 Copyright Infringement
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
8. API Usage
If you use our API, you agree to:
- Comply with API rate limits and usage quotas
- Not abuse, overload, or harm our infrastructure
- Keep your API credentials secure and confidential
- Properly attribute PickIMG when required
- Comply with all applicable laws and regulations
9. Disclaimers and Limitations of Liability
9.1 Service Availability
The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.
9.2 Limitation of Liability
To the maximum extent permitted by law, PickIMG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses resulting from:
- Your use or inability to use the Service
- Unauthorized access to your account or data
- Errors, mistakes, or inaccuracies in the Service
- Personal injury or property damage from your use of the Service
9.3 Backup Responsibility
While we make regular backups of user data, you are responsible for maintaining your own backups of your content. We are not responsible for any data loss.
10. Indemnification
You agree to indemnify, defend, and hold harmless PickIMG, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
11. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription.
After account termination, we will delete your User Content within 90 days, except where retention is required by law.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where PickIMG is registered, without regard to its conflict of law provisions.
12.2 Arbitration
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court.
12.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and PickIMG individually. You waive the right to participate in a class action lawsuit or class-wide arbitration.
13. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes by:
- Posting the new Terms on this page
- Updating the "Last updated" date
- Sending an email notification to your registered email address
- Your continued use of the Service after any changes constitutes acceptance of the new Terms.
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between you and PickIMG regarding the Service and supersede any prior agreements.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without restriction.
15. Contact Information
If you have any questions about these Terms, please contact us:
- Support: {email}