Pushpic Terms of Service

TERMS OF USE

Last updated: September 1, 2013

Please read these Terms of Use ("Terms") carefully. By accessing or using the websites, mobile applications or other products or services of Pushpic LLC, and our affiliates (collectively, "Pushpic", "we", "us"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use our websites, mobile applications or other products or services ("Services").

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.

BASIC TERMS

You must be at least 13 years old to use this service.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Pushpic prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Pushpic upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other Pushpic users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Pushpic
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Pushpic users.
You must not use domain names or web URLs in your username without prior written consent from Pushpic.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Pushpic page is rendered or displayed in a user’s device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Pushpic terms.
Violation of these Terms of Use may, in Pushpic’s sole discretion, result in termination of your Pushpic account. You understand and agree that Pushpic cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Pushpic, we can stop providing all or part of the Service to you.

HAVE FUN

The language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don’t ruin the fun for everyone else. Your part in that is simple. Just use common sense – Keep pushing awesome photos, see what’s nearby you, comment and like pictures and even private message users who are cool. Please don’t do anything illegal (threats, harassment, creepiness, etc.)

OUR AUDIENCE

Pushpic is intended for use by people who are of all ages. We may, in our sole discretion, refuse to offer the Services to any person or entity. You affirm that you are either of legal age, or an emancipated minor, or possess legal parental or guardian consent, 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.

USAGE DATA

By using the Pushpic application you agree to let Pushpic collect information about your usage of the application including interactions with pushes and other users. For example, when you send a push or capture a screenshot of a photo, we detect those interactions. You agree that we will share the fact that you took these actions with other users. Additionally, we may collect usage information and information about your device such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received and data exchanges, and network status (WiFi, etc.). For more information about Pushpic’s privacy practices, please review our Privacy Policy.

PROHIBITED ACTIVITIES

In addition to the other restrictions outlined in these Terms, when using the Services, you agree to not: 1) Use any data mining or extraction methods in relation to the Services; 2) Interfere with or hinder the operation of the Services or any other individual’s use of the Services in any way; 3) Inflict or impose any perverse or excessive burden on the Services in any way; 4) Compromise the security of the Services; 5) Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms; 6) Utilize the Services to transmit spam, viruses, bugs or any material that could be considered threatening or unlawful in any way. 7) The intention of Pushpic is to share photos and videos with people around you; Stalking, being creepy, and threatening other users will not be tolerated and is punishable by law.
You further agree to abide by the iTunes App Store Terms of Service when posting reviews of Pushpic—posting Pushpic usernames in App Store reviews is strictly prohibited and may result in the deletion of your Pushpic account.

ACCOUNT SECURITY

After opening an account in the Pushpic mobile application (username/password) you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information including your username and password is kept secure and safe. In the case that your Pushpic account is compromised, please notify the Pushpic team immediately by visiting http://www.pushpic.com/support.

INTELLECTUAL PROPERTY

Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and these terms. Except as expressly provided herein, the Pushpic team does not grant any express or implied rights to use this content. By agreeing to these Terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the Services or any related software, except as expressly provided herein.

INDEMNIFICATION

By agreeing to these Terms you agree to indemnify, defend and hold harmless Pushpic, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Pushpic Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your use of the Services.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Pushpic or the Pushpic Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from 1) the use of, or inability to use, the Services; 2) the provision of the Services or any materials available therein; or 3) the conduct of other users of the Services, even if Pushpic has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Pushpic for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Pushpic is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, Pushpic’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

CONTROLLING LAW AND SEVERABILITY

These Terms shall be construed in accordance with the laws of the State of California. Any subsequent dispute arising in connection with the Services or these Terms will be settled exclusively in the state/federal courts of the State of California, county of Los Angeles, and/or the Central District of California.

SPECIAL NOTE TO INTERNATIONAL USERS

The Pushpic Services are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
Please be aware that standard text messaging fees apply for Inviting friends through text message. If you are located outside of the United States, your service provider will also charge you an SMS fee. Please contact your mobile service provider with any questions regarding your bill.

COMPLETE AGREEMENT

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Pushpic team.

QUESTIONS AND COMMENTS

The Pushpic team welcomes any comments, questions, concerns, or suggestions that you might have. Please send feedback to us by visiting http://www.Pushpic.com/support.