Our Terms Of Service
A Note from the Team
Picture2Life is the easiest way to edit, collage, animate or share your pictures online. You own and control what you share on Picture2Life – and we want your experience
here to be perfect. We do ask that you treat our service and community with respect.
Spam, viruses, and hate content don’t belong on the web, and certainly don’t belong
on Picture2Life. If you ever stumble across anything on Picture2Life that looks
like it violates our policies, please be sure to let us know.
You can check out our Tour
to get a sense for what we do
and some great ways to use Picture2Life. We hope you enjoy Picture2Life as much
as we do!
Accepting the Terms of Service
The purpose of this website, www.picture2life.com (the “Site”), owned and operated
by Picture2Life. (“Picture2Life”), a Barbadian Company, is to provide web publishing
services. Please read these terms of service (“Agreement”) carefully before using
the Site or any services provided on the Site (collectively, “Services”). By using
or accessing the Services, you agree to become bound by all the terms and conditions
of this Agreement. If you do not agree to all the terms and conditions of this Agreement,
do not use the Services. The Services are accessed by You (“Subscriber” or “You”)
under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, Picture2Life may offer to
provide the Services, as described more fully on the Site, and which are selected
by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of
any third party. Services shall include, but not be limited to, any services Picture2Life
performs for Subscriber, as well as the offering of any Content (as defined below)
on the Site. Picture2Life may change, suspend or discontinue the Services at any
time, including the availability of any feature, database, or Content. Picture2Life
may also impose limits on certain features and services or restrict Subscriber’s
access to parts or all of the Services without notice or liability. Picture2Life
reserves the right, at its discretion, to modify these Terms of Service at any time
by posting revised Terms of Service on the Site and by providing notice via e-mail,
where possible, or on the Site. Subscriber shall be responsible for reviewing and
becoming familiar with any such modifications. Use of the Services by Subscriber
following such modification constitutes Subscriber's acceptance of the terms and
conditions of this Agreement as modified.
Subscriber certifies to Picture2Life that if Subscriber is an individual (i.e.,
not a corporate entity), Subscriber is at least 13 years of age. No one under the
age of 13 may provide any personal information to or on Picture2Life (including,
for example, a name, address, telephone number or email address). Subscriber also
certifies that it is legally permitted to use the Services and access the Site,
and takes full responsibility for the selection and use of the Services and access
of the Site. This Agreement is void where prohibited by law, and the right to access
the Site is revoked in such jurisdictions. Picture2Life makes no claim that the
Site may be lawfully viewed or that Content may be downloaded outside of Barbados.
Access to the Content may not be legal by certain persons or in certain countries.
If You access the Site from outside Barbados, You do so at Your own risk and You
are responsible for compliance with the laws of Your jurisdiction.
Picture2Life will use reasonable efforts to ensure that the Site and Services are
available twenty-four hours a day, seven days a week. However, there will be occasions
when the Site and/or Services will be interrupted for maintenance, upgrades and
repairs or due to failure of telecommunications links and equipment. Every reasonable
step will be taken by Picture2Life to minimize such disruption where it is within
Picture2Life’s reasonable control.
You agree that neither Picture2Life nor the Site will be liable in any event to
you or any other party for any suspension, modification, discontinuance or lack
of availability of the Site, the service, your Subscriber Content or other Content.
Picture2Life retains the right to create limits on use and storage in its sole discretion
at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Site or otherwise use the Services, including,
without limitation, modems, hardware, software, and long distance or local telephone
service. Subscriber shall be responsible for ensuring that such equipment or ancillary
services are compatible with the Services.
2. Site Content
The Site and its contents are intended solely for the use of Picture2Life Subscribers
and may only be used in accordance with the terms of this Agreement. All materials
displayed or performed on the Site, including, but not limited to text, graphics,
logos, tools, photographs, images, illustrations, software or source code, audio
and video and animations, including without limitation
the Picture2Life Template Code (as defined below) (collectively, “Content”) (other
than Content posted by Subscriber (“Subscriber Content”)) are the property of Picture2Life
and/or third parties and are protected by United States and international copyright
laws. The Picture2Life API shall be used solely pursuant to the terms of the API
Terms of Service. All trademarks, service marks, and trade names are proprietary
to Picture2Life and/or third parties. Subscriber shall abide by all copyright notices,
information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant
to U.S. copyright laws, international conventions, and other copyright laws. Other
than as expressly set forth in this Agreement, Subscriber may not copy, modify,
publish, transmit, upload, participate in the transfer or sale of, reproduce (except
as provided in this Section), create derivative works based on, distribute, perform,
display, or in any way exploit, any of the Content, software, materials, or Services
in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site
for download, for personal use only, provided that Subscriber maintains all copyright
and other notices contained in such Content. Downloading, copying, or storing any
Content for other than personal, noncommercial use is expressly prohibited without
prior written permission from Picture2Life, or from the copyright holder identified
in such Content's copyright notice. In the event You download software from the
Site, the software, including any files, images incorporated in or generated by
the software, and the data accompanying the software (collectively, the “Software”)
is licensed to You by Picture2Life or third party licensors for Your personal, noncommercial
use, and no title to the Software shall be transferred to You. You may own the Subscriber
Content on which the Software is recorded, but Picture2Life or third party licensors
retain full and complete title to the Software and all intellectual property rights
3. Subscriber Content
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site,
but hereby grants and agrees to grant Picture2Life a non-exclusive, worldwide, royalty-free,
transferable right and license (with the right to sublicense), to use, copy, cache,
publish, display, distribute, modify, create derivative works and store such Subscriber
Content and to allow others to do so (“Content License”) in order to provide the
Services. On termination of Subscriber’s membership to the Site and use of the Services,
Picture2Life shall make all reasonable efforts to promptly remove from the Site
and cease use of the Subscriber Content; however, Subscriber recognizes and agrees
that caching of or references to the Subscriber Content may not be immediately removed.
Subscriber warrants, represents and agrees Subscriber has the right to grant Picture2Life
and the Site the rights set forth above. Subscriber represents, warrants and agrees
that it will not contribute any Subscriber Content that (a) infringes, violates
or otherwise interferes with any copyright or trademark of another party, (b) reveals
any trade secret, unless Subscriber owns the trade secret or has the owner’s permission
to post it, (c) infringes any intellectual property right of another or the privacy
or publicity rights of another, (d) is libelous, defamatory, abusive, threatening,
harassing, hateful, offensive or otherwise violates any law or right of any third
party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming
routine or engine that is intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information, or (f) contains full nudity, pornographic images, pornographic cartoons or anime (hentai/ecchi), or (g) remains posted
after Subscriber has been notified that such Subscriber Content violates any of
sections (a) to (g) of this sentence. Picture2Life reserves the right to remove
any Subscriber Content from the Site, suspend or terminate Subscriber’s right to
use the Services at any time, or pursue any other remedy or relief available to
Picture2Life and/or the Site under equity or law, for any reason (including, but
not limited to, upon receipt of claims or allegations from third parties or authorities
relating to such Subscriber Content or if Picture2Life is concerned that Subscriber
may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services
and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or
any use of the Services or Content in violation of this Agreement may be grounds
for termination of Subscriber’s right to Services or to access the Site. Subscriber
may not post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private information
from any Picture2Life user.
Use of the Site or Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material including
that are deemed threatening or obscene, or engage in any kind of illegal activity
is expressly prohibited. Under no circumstances will Subscriber use the Site or
the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials
to users of the Site or any other individual, (b) harass, threaten, stalk or abuse
any person or party, including other users of the Site, (c) create a false identity
or to impersonate another person, or (d) post any false, inaccurate or incomplete
material or delete or revise any material that was not posted by You.
5. Warranty disclaimer
Picture2Life has no special relationship with or fiduciary duty to Subscriber. Subscriber
acknowledges that Picture2Life has no control over, and no duty to take any action
regarding: which users gains access to the Site; which Content Subscriber accesses
via the Site; what effects the Content may have on Subscriber; how Subscriber may
interpret or use the Content; or what actions Subscriber may take as a result of
having been exposed to the Content. Much of the Content of the Site is provided
by and is the responsibility of the user or subscriber who posted the Content. Picture2Life
does not monitor the Content of the Site and takes no responsibility for such Content.
Subscriber releases Picture2Life from all liability for Subscriber having acquired
or not acquired Content through the Site. The Site may contain, or direct Subscriber
to sites containing, information that some people may find offensive or inappropriate.
Picture2Life makes no representations concerning any content contained in or accessed
through the Site, and Picture2Life will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained in or accessed through
Although Picture2Life and the Site will make reasonable efforts to store and preserve
the material residing on the Site, neither Picture2Life nor the Site is responsible
or liable in any way for the failure to store, preserve or access Subscriber Content
or other materials you transmit or archive on the Site. You are strongly urged to
take measures to preserve copies of any data, material, content or information you
post or upload on the Site. You are solely responsible for creating back-ups of
your Subscriber Content.
The Services, Content, Site and any Software are provided on an "as is" basis, without
warranties of any kind, either express or implied, including, without limitation,
implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Picture2Life makes no representations or warranties of any kind with respect to
the Site, the Services, including any representation or warranty that the use of
the Site or Services will (a) be timely, uninterrupted or error-free or operate
in combination with any other hardware, software, system or data, (b) meet your
requirements or expectations, (c) be free from errors or that defects will be corrected,
(d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Picture2Life disclaims any liability or responsibility
for the accuracy, reliability, availability, completeness, legality or operability
of the material or services provided on this Site. By using this Site, you acknowledge
that Picture2Life is not responsible or liable for any harm resulting from (1) use
of the Site; (2) downloading information contained on the Site including but not
limited to downloads of content posted by subscribers; (3) unauthorized disclosure
of images, information or data that results from the upload, download or storage
of content posted by subscribers; (4) the temporary or permanent inability to access
or retrieve any Subscriber Content from the Site, including, without limitation,
harm caused by viruses, worms, trojan horses, or any similar contamination or destructive
Some states do not allow limitations on how long an implied warranty lasts, so the
above limitations may not apply to Subscriber.
6. Third party websites
Users of the Site may gain access from the Site to third party sites on the Internet
through hypertext or other computer links on the Site. Third party sites are not
within the supervision or control of Picture2Life or the Site. Unless explicitly
otherwise provided, neither Picture2Life nor the Site make any representation or
warranty whatsoever about any third party site that is linked to the Site, or endorse
the products or services offered on such site. Picture2Life and the Site disclaim:
(a) all responsibility and liability for content on third party websites and (b)
any representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) You might be requested
to give any third party, and You hereby irrevocably waive any claim against the
Site or Picture2Life with respect to such sites and third party content.
7. Registration and security
As a condition to using Services, Subscriber will be required to register with Picture2Life
and select a password and Picture2Life URL. Subscriber shall provide Picture2Life
with accurate, complete, and updated registration information, including Subscriber’s
e-mail address. Failure to do so shall constitute a breach of this Agreement, which
may result in immediate termination of Subscriber's account. Subscriber may not
(a) select or use as a Picture2Life URL a name of another person with the intent
to impersonate that person; or (b) use as a Picture2Life URL a name subject to any
rights of a person other than Subscriber without appropriate authorization. Picture2Life
reserves the right to refuse registration of, or cancel a Picture2Life URL in its
discretion. Subscriber shall be responsible for maintaining the confidentiality
of Subscriber's Picture2Life password. Subscriber is solely responsible for any
use of or action taken under Subscriber’s password and accepts full responsibility
for all activity conducted through Subscriber’s account and agrees to and hereby
releases the Site and Picture2Life from any and all liability concerning such activity.
Subscriber agrees to notify Picture2Life immediately of any actual or suspected
loss, theft, or unauthorized use of Subscriber’s account or password. The Site will
take reasonable security precautions when using the internet, telephone or other
means to transport data or other communications, but expressly disclaims any and
all liability for the accessing of any such data communications by unauthorized
persons or entities.
Subscriber will indemnify and hold Picture2Life, its directors, officers and employees,
harmless, including costs and attorneys' fees, from any claim or demand made by
any third party due to or arising out of Subscriber’s access to the Site, use of
the Services, the violation of this Agreement by Subscriber, or the infringement
by Subscriber, or any third party using the Subscriber's account, of any intellectual
property or other right of any person or entity.
9. Limitation of liability
In no event shall Picture2Life, its directors, officers, shareholders, employees
or members be liable with respect to the Site or the Services for (a) any indirect,
incidental, punitive, or consequential damages of any kind whatsoever; (b) damages
for loss of use, profits, data, images, Subscriber Content or other intangibles;
(c) damages for unauthorized use, non-performance of the Site, errors or omissions;
or (d) damages related to downloading or posting Content. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitations and exclusions may not apply to Subscriber.
10. Fees and payment
Some of the Services or Products require payment of fees. All fees are stated in U.S. dollars.
Subscriber shall pay all applicable fees, as described on the Site in connection
with such Services selected by Subscriber, and any related taxes or additional charges.
All fees are non-refundable unless expressly stated otherwise on the Site. Subscriber
represents to Picture2Life that Subscriber is the authorized account holder or an
authorized user of the chosen method of payment used to pay for the paid aspects
of the Services. All fee-based Services and virtual goods are provided “AS IS” with
no warranties of any kind. Picture2Life may modify and/or eliminate such fee-based
Services at its discretion. Subscriber understands and agrees that the payment for
virtual goods grants Subscriber a limited license to use the virtual goods as specified
on the Site.
Picture2Life may change its prices at any time but will provide you reasonable notice
of any such changes by posting the new prices on the Site and by sending you email
notification. If you do not wish to pay the new prices, you may cancel the services
prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party
by any means. Picture2Life may also terminate or suspend any and all Services and
access to the Site immediately, without prior notice or liability, if Subscriber
breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's
account, Subscriber’s right to use the Services, access the Site, and any Content
will immediately cease. All provisions of this Agreement which by their nature should
survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability. Termination of Your
access to and use of the Site and the Services shall not relieve Subscriber of any
obligations arising or accruing prior to such termination or limit any liability
which Subscriber otherwise may have to Picture2Life or the Site, including without
limitation any indemnification obligations contained herein.
which governs the use of personal information on the Site and to which Subscriber
agrees to be bound as a user of the Site.
the entire agreement between You, the Site and Picture2Life with respect to the
subject matter hereof. This Agreement replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding the subject matter hereof. The failure
of either party to exercise in any respect any right provided for herein shall not
be deemed a waiver of any further rights hereunder. Picture2Life shall not be liable
for any failure to perform its obligations hereunder where such failure results
from any cause beyond Picture2Life’s reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation. If any provision
of this Agreement is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable. This Agreement
is not assignable, transferable or sublicensable by Subscriber except with Picture2Life’s
prior written consent. Picture2Life may assign this Agreement in whole or in part
at any time without Subscriber’s consent. This Agreement shall be governed by and
construed in accordance with the laws of Barbados without regard to
the conflict of laws provisions thereof. No agency, partnership, joint venture,
or employment is created as a result of this Agreement and Subscriber does not have
any authority of any kind to bind Picture2Life in any respect whatsoever. Any notice
to the Site that is required or permitted by this Agreement shall be in writing
and shall be deemed effective upon receipt, when sent by confirmed e-mail to
support@Picture2life.com or when delivered in person by nationally recognized
overnight courier or mailed by first class, registered or certified mail, postage
prepaid, to Picture2Life, #3 Castle Heights, Barbados, West Indies, 18064,
Attn: Legal Dept.
14. Copyright Policy
Picture2Life has adopted the following policy toward copyright infringement with
respect to the Site in accordance with the Digital Millennium Copyright Act, a copy
of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf.
The address of Picture2Life's Designated Agent for copyright takedown notices (“Designated
Agent”) is listed below.
Reporting Copyright Infringements
If You believe that content residing or accessible on the Site infringes a copyright,
please send a notice of copyright infringement containing the following information
to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of
the material that is claimed to be infringing, including its location, with sufficient
detail so that Picture2Life is capable of finding and verifying its existence.
Contact information about the notifying party (the Notifying Party), including name,
address, telephone number and e-mail address.
- A statement that the Notifying
Party has a good faith belief that the material is not authorized by the copyright
owner, its agent or law.
- A statement made under penalty of perjury that the
information provided in the notice is accurate and that the Notifying Party is authorized
to make the complaint on behalf of the copyright owner.
- The Notifying Party's
physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that
meets all of the requirements above, Picture2Life shall:
- Disable access to or remove material that it has a reasonable, good faith belief
is copyrighted material that has been illegally copied and distributed by any subscriber
to the Site.
- Picture2Life will then immediately notify the subscriber responsible
for the allegedly infringing material (the Offending Subscriber) that it has removed
or disabled access to the material.
- Picture2Life reserves the right, at its
discretion, to immediately terminate the account of any subscriber who is the subject
of repeated takedown notices.
Filing Copyright Counterclaims
A subscriber who believes they are the wrongful subject of a copyright takedown
notice, may file a counter notification with Picture2Life, by providing the following
items in writing to the Designated Agent at the address below:
- The specific URLs of material that Picture2Life has removed or to which Picture2Life
has disabled access.
- User’s name, address, telephone number, and email address.
A statement that User consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located, and that User will accept
service of process from the person who provided notification under subsection (c)(1)(C)
or an agent of such person.
- The following statement: "I swear, under penalty
of perjury, that I have a good faith belief that the material was removed or disabled
as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a counterclaim, Picture2Life will forward it to the party who submitted
the original copyright infringement claim. The original complainant will then have
10 days to notify us that he or she has filed legal action relating to the allegedly
infringing material. If Picture2Life does not receive any such notification within
10 days, we may restore the material to the Site.
#3 Castle Heights
St. Philip, Barbados, 18064
Attn: Copyright Agent