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Terms of Use

Welcome to Picallow. We provide this site for you to share photos with others while knowing that the link to your photo will self-destruct at a time you choose.

By using this site, you agree to comply with and be bound by these Terms of Use. Please review these Terms of Use. In addition to these Terms of Use, your use of our website is also governed by our Privacy Policy. Please review our Privacy Policy at https://picallow.com/privacy-policy/. If you do not agree to our Terms of Use and Privacy Policy, your only option is to discontinue your use of this site.

Code of Conduct

Intended Users.
Picallow is intended for adults only. This website is not intended for any children under the age of 13.

Prohibited Conduct.
You may not violate another’s copyright, trademark, or other intellectual property rights.  You must own the copyright (or have permission from the copyright owner) to upload images to Picallow. 

You may not upload the following images to Picallow.com:

  • Copyrighted images if you don’t own the copyright and are not licensed to do so.
  • Violence, “hate speech” (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or advocacy against any individual, group, or organization.
  • Images that are threatening, harassing, defamatory, or that encourage violence or crime.
  • Any images that might be illegal in the USA or EU, such as child sexual abuse, or public exposure (“doxxing”).
  • Adult imagery or nudity.

Trust your gut.  If you are not sure whether the image you want to upload is allowed, do not upload that image.

You may not use Picallow for commercial purposes.  Picallow is not an app to run your business.  Don’t use Picallow for advertising your business.  Don’t use Picallow to sell products or services. Don’t use Picallow to find a job.

You may not copy or use any portions of our website except within the limits of the Fair Use exception under the US Copyright Act.  The Fair Use exception is not as broad as you think, so make sure you know what “Fair Use” is before you rely on the Fair Use exception.

Content Moderation.
Uploaded images may be screened by our staff.  We will remove images that violate these Terms of Use without prior warning. We may also ban you from Picallow, depending on the type and frequency of violation.

Picallow is not a Store App.
Automatic/programmatic uploads are not allowed. If you need image storage for your files, please use Amazon S3 or Google Cloud Storage. Violators may be hunted down and banned.

Do not use Picallow as a backup system for files, as anything can happen. We do not guarantee Picallow’s permanent reliability. We also reserve the right to remove any files at any time, for any reason, without notice.

Your Responsibility.
You are solely responsible for the content you upload.

Don’t share your account.  You are responsible for everyone’s conduct that happens on your account.

Legalese

Obey the Law.
When you use our website, you agree to comply with all applicable laws regarding your use of the website.

Our Right to Modify these Terms.
As we upgrade and enhance Picallow, we may need to modify these Terms of Use is Agreement at any time. Modifications will be effective immediately upon posting to the website. We encourage you to periodically revisit these Terms of Use. Each time you access our website, you are deemed to unconditionally accept these Terms of Use.

Disclaimers
Although of course we strive to make Picallow as dependable as possible, Picallow’s services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk.

We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Picallow’s service is to discontinue your use of our service.

WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER WE TAKE OR DO NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM THE SITE, WE HAVE NO DUTY TO MONITOR ANY CONTENT ON ITS SITE.

WE DO NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON PICALLOW.COM THAT IS NOT PRODUCED BY PICALLOW.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, PICALLOW’S SERVICES, EVEN IF WE HAVE BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF PICALLOW’S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

YOU WILL INDEMNIFY AND HOLD PICALLOW AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY’S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.

Copyrights and Copyright Agent.
If you believe your image, recording, or other creative work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

  1. The signature of the person authorized to act on behalf of the owner of the copyrighted work or other intellectual property interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on Picallow can be reached at: picallowsolutions@gmail.com.

Applicable Law; Jurisdiction.
You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Picallow.com.  All legal claims must be brought in the federal or state court having jurisdiction in Rockland County, New York.

Waiver.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use must be in writing and signed by an authorized representative of Picallow.com.