You may use PictureAir if you can form a binding contract with PictureWorks, and only in compliance with these Terms and all applicable laws. When you create your PictureAir account, you must provide us with true, accurate, current and complete information on the PictureAir’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or PictureWorks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PictureWorks has the right to suspend or terminate your account and refuse any and all current or future use of PictureAir (or any part thereof).
You will receive an account activation code to activate your PictureAir account within 7days for downloading, sharing and storing the photos for 1 year. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PictureWorks cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
a. Sharing your photos
PictureAir allows you to share your photos. Anything that you post or otherwise make available through PictureAir.com is referred to as “User Content". You retain all rights in, and are solely responsible for, the User Content you share on your social media platforms.
b. How PictureWorks and other users can use your photos
You grant PictureWorks and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your photos on PictureAir.com solely for the purposes of operating, developing, providing, and using PictureAir. Nothing in these Terms shall restrict other legal rights PictureWorks may have to your photos, for example under other licenses.
c. How long we keep your photos
Your photos are stored for a year upon adding your photos into your registered account account.
Following termination or deactivation of your account, we may retain your photos for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, PictureWorks and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your photos.
PictureAir.com may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by PictureWorks. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from PictureAir.com, you do so at your own risk and you agree that PictureWorks will have no liability arising from your use of or access to any third-party website, service, or content.
PictureWorks may terminate your account at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 5 and 7-11 of these Terms.
You agree to indemnify and hold harmless PictureWorks, PictureWorks Companies, officers, agents, directors, employees, partners and third-party service providers, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of PictureAir, (b) your User Content, or (c) your breach of any of these Terms.
PictureAir and all included content are provided on an "as is" basis without warranty of any kind, whether expressed or implied.
PICTUREWORKS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
PictureWorks takes no responsibility and assumes no liability for any User Content that you share through PictureAir. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICTUREWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF PICTUREAIR; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON PICTUREAIR, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR PHOTOS. IN NO EVENT SHALL PICTUREWORKS AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Notification Procedures and changes to these Terms. PictureWorks reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use PictureAir after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using PictureAir by sending us an email request to deactivate your account.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PictureWorks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PictureWork’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.