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PicAppoint Terms of Service

 

Welcome to PicAppoint

Thanks for using our products and services ("Services"). The Services are provided by PicAppoint Inc. ("PicAppoint"), located in the United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

 

1.Acceptance of the Terms of Use

These Terms of Use (the “Terms of Use”) constitute a legal agreement that governs your use of www.picappoint.com (the “Site,” “We,” “Us,” or “Our”). By using the Site, you accept and agree to be legally bound and to the fullest extent abide by these Terms of Use, as well as our Privacy Policy available at www.picappoint.com/index.php/privacy-policy. If you disagree with these Terms of Use or the Privacy Policy, you must not use or visit the Site.

2. About Us, Disclaimer

The Site is a platform for real estate agents to schedule photo sessions. The photographers, videographers and or photo retouchers/editors do not work for us. The Site and all of its users are independently contracting parties, not partners, employees or joint venturers. THE SITE IS A NEUTRAL VENUE WHICH IS NOT A PARTY TO ANY INTERACTIONS OR ARRANGEMENTS BETWEEN ITS MEMBERS. WE DO NOT VERIFY THE ACCURACY OF USER MATERIALS, CREDENTIALS, PHOTOS, INFORMATION AND HAVE NO CONTROL OVER USER CONTENT OR CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONTENT, CONDUCT AND ARRANGEMENTS. WE ARE NOT LIABLE FOR ANY PROPERTY DAMAGE, DATA THEFT, BODILY INJURY OR DEATH OF THE SITE USER OR ANY THIRD PARTY. OUR ONLINE VENUE IS PROVIDED TO BE USED AT YOUR OWN RISK, WITH NO WARRANTY OF ANY KIND.

3. Intellectual Property

a. IP Ownership. We own all intellectual property rights to the Site. Site contents, features and functionality (such as all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), registered and unregistered trademarks are protected by US and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.  We do not claim ownership of any images and other content submitted to the Site or transferred between its users.  We respect copyrights by not using any images or content submitted to the site without getting permission first.

We are not a backup service and we do not guarantee that your data will not be lost. We erase images and videos uploaded by users 30 days after the user has uploaded them. We erase images resized by PicAppoint and videos after 1 year from upload.

c. Copyright Infringement. We are strongly committed to protecting the intellectual property rights of others. All claims of copyright infringement committed using our Site will be investigated if reported to us via email: This email address is being protected from spambots. You need JavaScript enabled to view it.. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.

d. Indemnification. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site's content, services or goods purchased through the Site.

4. Privacy

We respect your privacy and are committed to protecting it in accordance with our Privacy Policy available at www.picappoint.com/index.php/privacy-policy

5. Site Access

a. You are responsible for making all arrangements necessary for you to have access to the Site.

b. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.

c. You must treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

d. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.

e. We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.

6. Use Restrictions

a. You must not:

i. Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

ii. Use a false name or impersonate any other person. 

iii. Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes “objectionable” material.

iiii. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.

v. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.

vi. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. 

vii. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.

7. Monitoring and Enforcement; Termination

a. We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

i. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. 

ii. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

iii. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

iiii. Block violator’s IP address and/or notify his or her Internet Service Provider

v. Take appropriate legal action. 

b. However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. 

8. Service Provided “AS IS” 

You understand that all content uploaded, posted on, transmitted through, or linked from the Site, is the sole responsibility of the originator of such content and links. Site content and service are provided through “AS IS,” with no warranties of any kind, and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available.

9. Limitation of Liability

a. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

b. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

c. We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

10. Linking to the Site

a. You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

b. You must not establish a link from any website that is not owned by you.

c. You cannot frame our Site on any other site.

d. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

11. Disputes Between Users

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We are not responsible for any disputes between Site users. The Site reserves the right, but has no obligation, to facilitate and resolve disputes between its users.

12. Refunds

You can cancel your subscription at any time by going to your account settings and clicking "Cancel Subscription". You will receive a refund prorated to the dayof cancellation. The refund will apply to the card that was charged.

13. Assignment

You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

14. Severability and Non-Waiver

a. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

b. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Virginiawithout regard to its conflict of laws principles that would result in application of any other law. The courts located in Fairfax County, VA will have exclusive jurisdiction over any claim arising from or related to these Terms of Use.

16. Changes to the Terms of Use

We update these Terms of Use every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes. 

17. Contact Us

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to our customer service representative at This email address is being protected from spambots. You need JavaScript enabled to view it.

PicapPoint ®, Inc. All rights reserved.

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