You keep all the rights to your work
“As internet users and photo sharers ourselves, we have provided you with terms and conditions that we would sign on to ourselves.”In other words: “You own everything that is yours, online”
Acceptance of Terms
YouPic reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, YouPic will notify you by Posting an announcement on the site. What constitutes a material change will be Determined at YouPic’s sole discretion. You shall be responsible for reviewing and becoming Familiar with any such modifications. Using any service or viewing any content following Notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
By using YouPic you agree to all the terms below.
Description of Service
The Site is an online community which enables photographers and graphic artists to post photographs and images, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/ or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to, any service and/or content YouPic makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of YouPic. YouPic reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. YouPic may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
We provide services that allow you to create portfolios and we will develop more features and services in the future.
As a condition to using Services, you are required to open an account with YouPic and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your YouPic account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your YouPic account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
The Services are for use by individuals who are photographers and graphic artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and graphic artists or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
To fully use the services you need to create your own account, without violating other peoples rights.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not YouPic are entirely responsible for all Content that you post, or otherwise submit to the Site. YouPic does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by YouPic. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To 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 YouPic user;
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To create multiple accounts for the purpose of voting for or against users’ photographs or images;
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person
- To sell or otherwise transfer your profile.
- To report a suspected abuse of the Site or a breach of the Terms (other thanrelating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to YouPic at email: firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. YouPic reserves the right, but has no obligation, to monitor disputes between you and other users.
You cannot use our site to post pornographic material, harass people, send spam, negatively vote on all photos, and do other crazy stuff. Be reasonable and responsible, don't do anything stupid and you'll be fine.
Content submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. In consideration of YouPic’s agreement to allow you to post Content to the Site and YouPic’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with YouPic as follows:
- You acknowledge that:
- By uploading your photographic or graphic works to YouPic you retain full rights to those works that you had prior to uploading.
- The license granted to YouPic includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to YouPic by you;
- YouPic uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, YouPic makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. YouPic does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize YouPic to permit users and visitors to the Site to make such low resolution copies of your Content; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to YouPic the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by YouPic of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against YouPic all of which such rights are hereby expressly and irrevocably waived by you in favour of YouPic.
Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos without your permission.
YouPic respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. YouPic will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site. To notify YouPic of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable YouPic to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content.
If you feel that your Content is not infringing, you may provide YouPic with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at firstname.lastname@example.org. You must include in your counter notice sufficient information to enable YouPic to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
We respect copyright. If anything is wrong, please send an email with all the details to email@example.com
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YouPic has no control over such sites and resources, you acknowledge and agree that YouPic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that YouPic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Some people may post links; we are not responsible for those links.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge YouPic, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless YouPic, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or YouPic Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
We are not liable if something goes really wrong. Always have a backup of your photos.
Limitation Of Liability
In no event shall YouPic be liable under contract, tort, strict liability, negligence or other
Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii)
To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
Again, we are not liable. But we may pay you 100€ if our server flies into your window.
YouPic, youpic.com and other YouPic graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of YouPic. YouPic’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of YouPic. The images and icons available in the YouPic icon pack may used by partners and third party sites in connection with providing appropriate links to the YouPic Site.
Please respect our trademarks and brands.
YouPic may terminate or suspend any and all Services and/or your YouPic account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your YouPic account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account YouPic will automatically remove all Content posted to your account.
We can stop providing services at any time. You can stop using your account or close it at any time as well.
Your YouPic Subscription will continue until terminated. To use the YouPic service you must have Internet access and a YouPic ready device, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below)
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your YouPic membership by visiting our website and clicking on the "Settings" link available at the top of the pages of the YouPic website under your profile name.
We let you know if we change something in your subscription and you don’t need to worry about renewals, we take care of that for you.
Subscription Billing and Cancellation
Billing Cycle. The membership fee for the YouPic service will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date.
Payment Methods. To use the YouPic service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
Updating your Payment Methods. You can update your Payment Methods by going to the "Subscription" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s)
You can cancel your YouPic membership at any time, and you will continue to have access to the YouPic service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel, go to the "Subscription" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for YouPic using your account with a third party as a Payment Method and wish to cancel your YouPic membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the YouPic service through that third party. You may also find billing information about your YouPic membership by visiting your account with the applicable third party.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to you.
You can cancel your subscription whenever you want. If we want to change something in the subscription, we will let you know before we change it.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind YouPic in any respect whatsoever. 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. YouPic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond YouPic’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. YouPic may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Sweden,
as if made within Sweden between two residents thereof, and the parties submit to the exclusive jurisdiction of Swedish courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Things can happen — we are not responsible.
ADDITIONAL TERMS APPLICABLE TO SALES
OF PRODUCTS IN USER WEBSHOPS ("TERMS OF SALE")
YouPic facilitates your purchase of Photos, Videos or Products through the YouPic Services through its relationships with the YouPic Vendors. If you purchase Photos, Videos or other Products through the YouPic Services, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such YouPic Vendors and YouPic's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
1. Pricing; Payment Terms
In order to purchase Products through the YouPic Services, you are required to provide valid Payment Information as required by YouPic. YouPic may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon YouPic's request. You agree to reimburse YouPic for any and all costs incurred in collecting amounts owed by you to YouPic or a YouPic Vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that YouPic may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and YouPic reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, YouPic may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
2. Product Downloads; Shipping Terms and Policies
If you purchase a Video or Photo download, such download will be made available to you through the Services upon YouPic's receipt of your valid Payment Information. If you purchase Photo prints or other physical medium Products (i.e., photo books or other photo merchandise), YouPic will use its commercially reasonable efforts (and our YouPic Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. YouPic is not responsible for any delays in shipping. YouPic or the YouPic Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility.
Please see our Shipping Charges for additional detail. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from YouPic to you upon shipment. If an item in your order is temporarily out of stock, we may hold your order until it is complete prior to shipment.
3. Return Policy
YouPic unconditionally guarantees your satisfaction with any Products that you purchase through the Services. If you are unsatisfied with any Photos, Videos or other Products you have purchased from YouPic, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer.
We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact YouPic at info@YouPic.com. Please do not contact your credit card company to dispute a charge before contacting YouPic.
4. Product Availability and Pricing
YouPic or the YouPic Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
5. Product Descriptions; Pricing; Errors
YouPic strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Videos, pricing or other YouPic Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors.
YouPic or a YouPic Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by YouPic is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND YouPic'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND YOUPIC EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
These License Agreement terms apply to Content Owners who have subscribed to a Subscription Plan granting such Content Owner the ability to license Media through the use of the Services.
Certain YouPic Pro users may be entitled to license digital versions of such user's Photos or Videos to other YouPic users for an applicable license fee under the terms of such user's Subscription Plan.
1. Rights Granted by Content Owner
By uploading or posting Photos or Videos to be licensed to YouPic users, Content Owner hereby grants to YouPic the right to facilitate the licensing by Content Owner of Photos or Videos
posted on YouPic to a licensee according to the licensing designation (a Commercial Use License or Personal Use License) identified by the Content Owner upon submission of the Photos or Videos.
2. Content Owner Responsibilities
Content Owner is responsible for all Photos or Videos posted to YouPic through the Services, including without limitation the designation of Photo or Video license types (either personal or commercial)
and the setting of license fees (if applicable) through the tools available in Content Owner's Account Settings.
3. Media Submission and Licensing
YouPic merely facilitates and enables such license and does not maintain any responsibility or liability for the Photos or Videos. So long as Content Owner has agreed to make the Photos or Videos available through the Services there will not be any restraint on the licensing of such Photos or Videos through the Services to any YouPic users to the fullest extent possible, according to the type of license provided by the Content Owner.
4. Representations and Warranties of Content Owner
Content Owner represents and warrants to YouPic that:
- Content Owner owns (or has legal right to represent and license) all intellectual property rights, title and interest in and to all Photos or Videos, including applicable copyrights, submitted through the Services and has the right to grant all licenses granted herein without violating the rights of any third party;
- All information concerning all Photos or Videos provided by Content Owner to YouPic through the use of the Services is, to the best of Content Owner's knowledge, true and accurate;
- All Photos or Videos submitted or posted by Content Owner have all necessary releases, consents and permissions required to grant the licenses granted under the applicable license, including, without limitation, valid Model Releases and Property Releases for Photos or Videos depicting recognizable people (living or dead) and private properties, permissions regarding posting Photos or Videos containing individuals under the age of 18, and all written permission regarding all distinguishable trademarks.
"Commercial Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to the commercial use license.
"Model Release" means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos or Videos.
"Personal Use License" means a licensing type in which the licensee is entitled to use the Photos or Videos subject to the personal use license.
"Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos or Videos.