Terms of Service

Effective Date: October 26, 2023

These Terms of Service ("Terms") constitute a legally binding agreement between you, an individual user ("User" or "you"), and Picture Glow ("Picture Glow," "we," "us," or "our") concerning your access to and use of the pictureglow.com website and any associated services, features, content, applications, or products offered by Picture Glow (collectively, the "Service").

1.0 Acceptance of Terms

1.1. By accessing or utilizing the Service, you signify your unequivocal agreement to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.

1.2. Picture Glow reserves the right, in its sole discretion, to revise these Terms at any time. Any changes will be effective immediately upon posting to the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such revisions.

2.0 Definitions

2.1. "Content" refers to any data, text, graphics, images, photographs, audio, video, software, or other information that is uploaded, posted, or otherwise made available through the Service.

2.2. "User Content" refers to any Content submitted or transmitted by a User through the Service.

3.0 Access and Use of Service

3.1. Eligibility. You affirm that you are at least 18 years of age or possess legal parental or guardian consent to enter into these Terms, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

3.2. User Accounts. Certain features of the Service may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

3.3. Acceptable Use. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms. You agree to use the Service solely for lawful purposes and in a manner that does not infringe upon the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.

3.4. Prohibited Conduct. You shall not: a. Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. c. Interfere with or disrupt the Service or servers or networks connected to the Service. d. Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Picture Glow server, by hacking, password "mining," or any other illegitimate means. e. Use the Service to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data. f. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service for any commercial purposes without express written permission from Picture Glow.

4.0 Intellectual Property Rights

4.1. Picture Glow IP. All intellectual property rights in and to the Service, including but not limited to all software, graphics, user interfaces, visual interfaces, domain names, trademarks, logos, and content (excluding User Content), are owned by Picture Glow or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

4.2. User Content. You retain all ownership rights in your User Content. By uploading, posting, or otherwise making available any User Content on or through the Service, you grant Picture Glow a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Picture Glow's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

5.0 Disclaimers and Limitation of Liability

5.1. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. PICTURE GLOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PICTURE GLOW MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

5.2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICTURE GLOW, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PICTURE GLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.

5.3. Indemnification. You agree to indemnify, defend, and hold harmless Picture Glow, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service, any User Content posted by you, your violation of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.

6.0 Termination

6.1. Termination by User. You may terminate your account at any time by contacting us at [email protected].

6.2. Termination by Picture Glow. Picture Glow may, in its sole discretion, suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, including, without limitation, for breach of these Terms.

6.3. Effect of Termination. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7.0 Miscellaneous Provisions

7.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., the State of California], without regard to its conflict of law principles.

7.2. Dispute Resolution. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [City, State, e.g., San Francisco, California], in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

7.3. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

7.4. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Picture Glow concerning the Service and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

7.5. Amendments. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of Picture Glow.

7.6. Contact Information. All questions, comments, or notices regarding these Terms should be directed to Picture Glow at: [email protected].