Client Terms

  1. Acceptance of the Terms of Use
    1. SCOPE

      The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use" or "Agreement"), govern your access to and use of https://www.graydonschwartz.com/ powered by Picr platform (the "Website") and our mobile application (the "App"), including any content, functionality and services offered on or through the Website or the App (collectively, the "Services"), whether as a guest or a registered user. These terms of use do not apply to photographers utilizing Picr platform or profiled on the Website or the App. If you are a photographer, the Terms of Use for you are included.

    2. ACCEPTANCE BY USE OF SERVICES

      Please read these Terms of Use carefully before you start to use our Services. By using the Website or the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated here by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access the Website or the App or use our Services.

    3. USER MINIMUM AGE REQUIREMENT

      This Website and App are offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website or App, you represent and warrant that you meet all of these requirements. Otherwise, you must not access or use the Website or the App.

    4. ADDITIONAL TERMS MAY APPLY

      Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

  2. Changes to the Terms of Use

    Picr Inc. (“Picr” or “we”) may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all subsequent access to and use of the Website or the App. Please note the "Last Modified" date at the beginning of the policy to see when the policy was last updated.

  3. Access and Account Security
    1. Picr CAN CHANGE ITS SERVICES AND ACCESS

      We reserve the right to modify the Website, the App, or the Services, or deactivate them, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website or the App, or the entire Website or the App, to users, including registered users.

    2. USE OF PERSONAL INFORMATION

      To create an account on the Website or the App (the "Account"), you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    3. USERS’ RESPONSIBILITY WITH RESPECT TO ACCOUNT ACCESS

      If you create an Account, you must treat your user name, password or any other piece of authenticating information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or the App using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

    4. USER MAY LOSE ACCESS

      We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  4. Intellectual Property Rights
    1. OUR SERVICES

      Our Services constitute a technology platform that enables you to research photographers by various criteria (geographic location, types of services, area of specialty, pricing, etc.) ("Photographers"), review information regarding Photographers, read customer reviews of their services, schedule photo sessions/photography services and add your own reviews of Photographers’ services. None of the Photographers are employees, agents, representatives or affiliates of the Company. We do not endorse any Photographer, but only assist you with making an informed decision and receiving timely contracted-for services from the Photographer you select.

    2. LICENSE

      Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Website or the App on your personal computer or device solely in connection with your use of our Services; and (ii) access and use any content, information and related materials that may be made available through our Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by the Company and its licensors.

    3. RESTRICTIONS

      You may not: (i) contact directly (for the provision of photography services in circumvention of the Website) those photographers whom you have found or researched through the Website, (ii) remove any copyright, trademark or other proprietary notices from any portion of the Website or the App; (iii) reproduce, modify, prepare derivative works based upon, distribute, license, resell or otherwise exploit our Services except as expressly permitted by us; (iv) link to, mirror or frame any portion of the Website or App; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or the App or unduly burdening or hindering their operation and/or functionalities; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    4. THIRD PARTIES’ SERVICES AND CONTENT

      Our Services may be made available or accessed in connection with Photographers’ or other third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

    5. THIRD PARTY (DEVICE MANUFACTURERS) BENEFICIARIES

      Certain providers, such as Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be third-party beneficiaries to this contract if you access our Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

    6. OWNERSHIP

      Our Services and all rights therein are and shall remain the property of the Company or its licensors. Neither these Terms of Use nor your use of our Services convey or grant to you any rights: (i) in or related to our Services except for the limited license granted above; or (ii) to use or reference in any manner the names, logos, product and service names, trademarks or services marks of the Company or its licensors.

    7. PROHIBITED USES

      You agree not to use the Website or the App:

      • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
      • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
      • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  5. User Contributions
    1. TERMS FOR POSTING USER CONTRIBUTIONS
      • The Website and the App may contain message boards, personal pages or profiles, reviews, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons ("post") content or materials (collectively, "User Contributions") on or through the Website or the App.
      • All User Contributions must comply with the Content Standards set out in these Terms of Use.
      • Any User Contribution you publish will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or the App, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution according to your account settings.
    2. USERS’ RIGHTS TO THEIR CONTRIBUTIONS

      You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.

    3. USERS’ RESPONSIBILITY FOR THEIR CONTRIBUTIONS

      You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the App.

  6. User Contribution Monitoring and Enforcement; Termination
    1. OUR RIGHTS WITH RESPECT TO USER CONTRIBUTIONS

      You agree not to use the Website or the App:

      • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the App or the public or could create liability for the Company.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates any of their rights, including their intellectual property rights, any ownership rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the App.
      • Terminate or suspend your access to all or part of the Website or the App for any violation of the Terms of Use.
    2. DISCLOSURES TO LAW ENFORCEMENT

      Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    3. Picr IS NOT RESPONSIBLE FOR USERS’ CONTENT

      We do not undertake to ensure that all material posted on the Website or the App meets the Content Standards, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content posted by any user or third party.

  7. User Contribution Content Standards

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote or assist any unlawful act.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  8. Reporting Copyright Infringement

    We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any material accessible on the Website or the App infringes your copyright, you may request removal of those materials by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive DMCA Notices is: Christopher Erickson, Tonkon Torp, LLP, 888 SW Fifth Ave, Suite 1600, Portland, OR 97204; 503-802-2174; chris.erickson@tonkon.com.

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the App is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

  9. Services
    1. USER ACCOUNTS

      In order to use our Services, you must register for and maintain an active personal Account. You must be at least 18 years of age to create an Account. Account registration requires you to provide certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use our Services or a termination of this Agreement with you. Unless otherwise permitted by us in writing, you may only register for one Account.

    2. USER CONDUCT

      You agree to comply with all applicable laws when using our Services, and you may only use our Services only for lawful purposes.

    3. TEXT MESSAGING

      By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages at any time by following the opt-out instructions texted to you. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

    4. PROMOTIONAL CODES

      We may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Photographer's services, subject to any additional terms that the Company establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company; (iii) may be disabled by us at any time for any reason without liability; (iv) may only be used pursuant to the specific terms establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  10. Scheduling
    1. SESSION REQUEST AND CONFIRMATION

      To receive services from a Photographer through the Website or the App, you will need to schedule a photo session with, or request other services from, the Photographer (the "Appointment"). The calendar of the Photographer’s availability will automatically reflect the length of your requested Appointment. Once you select an available date and time slot, your Appointment request will be forwarded to the Photographer and your payment for the Charges (as defined in Section 11 below) will be processed in accordance with the payment method that you specify at the time of the Appointment request. Once the payment goes through, you will receive a booked Appointment confirmation. If the payment does not go through, you will have seven days to update your payment method information after which time your Appointment request will expire.

    2. NO GUARANTEE OF PHOTOGRAPHER’S SCHEDULE

      We ask Photographers to maintain current availability calendars; however, due to technical glitches, human errors and many other reasons, we cannot guarantee accuracy of the availability of the calendar. If the Photographer becomes unable to keep your Appointment, the Photographer may contact you to reschedule.

    3. RESCHEDULING

      Rescheduling is entirely up to you and the Photographer. If you need to reschedule your Appointment, you can submit a reschedule request to your Photographer prior to the time of your original Appointment. The rescheduled Appointment must be confirmed by the Photographer before you can consider the rescheduling complete.

    4. CANCELLATION

      You will be charged in full for an Appointment cancelled by you.

  11. Charges; Payments
    1. CHARGES

      You will be charged for the services you receive from a Photographer based on the Photographer's rates specified on the Site or the App at the time of your booking ("Charges").

    2. PAYMENT PROCESSING

      All Charges for your Appointment will be due in advance, upon booking of your Appointment. Your payment will be processed using the payment method designated by you at the time of submitting an Appointment request. Upon processing of your payment, you will receive an email notice either (1) confirming a receipt of the payment and completed booking, or (2) notifying you that the payment could not be processed and that the booking of your Appointment cannot be complete until the payment is made. Unless the booking is complete, the Photographer will have the right to schedule another client for the date and time requested by you. Charges will be inclusive of applicable taxes where required by law.

    3. CREDIT CARD INFORMATION

      Your credit card information (or other payment method information) will be obtained from you at the time you book an Appointment. We will not store your information but will forward it via an encrypted transmission to a third-party payment processor who will process the payment.

    4. REFUNDS; DISCOUNTS

      Generally, all Charges paid by you for completed Appointments are final and non-refundable, subject to your Service Agreement (as defined in Section 12 below) with the Photographer. You have the right to request discounts from a Photographer for services received by you from such Photographer at the time you receive such services. We will respond accordingly to any request from a Photographer to modify the Charges for a particular service. You may receive all or a portion of your money back as provided in Section 12 in connection with disputes regarding Photographer's services.

    5. PAYMENT TO PHOTOGRAPHER

      The Charges collected from you will be placed in escrow and then released to the Photographer (net of our fees) seven calendar days after the project is marked "complete" by the Photographer. Within such seven-day period, you may submit any disputes related to the project in accordance with Section 13 below. This payment structure is intended to fully compensate the Photographer for the services provided. You are free to provide additional payment as a gratuity to any Photographer who provides you with services obtained through the Website or the App, you are under no obligation to do so. Gratuities are voluntary. After you have received your photos, you will have the opportunity to rate your experience and leave additional feedback about the Photographer.

    6. TAXES

      Users of the Services will be liable for any taxes (including VAT if applicable) required to be paid for Services provided under this Agreement.

  12. Reliance on Information
    1. NO WARRANTY OF ACCURACY

      The information presented on or through the Website or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the App, or by anyone who may be informed of any of its contents.

    2. NO RESPONSIBILITY FOR THIRD PARTY CONTENT/STATEMENTS

      This Website includes content provided by third parties, including materials provided by other users, Photographers, bloggers and third-party licensors. All statements and/or opinions expressed in these materials, reviews, articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  13. Information About You and Your Visits to the Website; Referral and Loyalty Programs

    All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. From time-to-time we may develop referral or loyalty programs to reward you for using and making referrals to the Website. The terms and conditions of such programs (such as their duration and benefits) will be emailed to you and will be available in your User Account for the duration of the program.

  14. Linking to the Website and Social Media Features
    1. LINKS TO SOCIAL MEDIA

      The Website and the App provide certain social media features that enable you to:

      • Link from your own or certain third-party websites to certain content on the Website or the App.
      • Send e-mails or other communications with certain content, or links to certain content, on the Website or the App.
      • Cause limited portions of content on this Website or the App to be displayed or appear to be displayed on your own or certain third-party websites.
    2. RESTRICTIONS ON USE OF SOCIAL MEDIA

      You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

      • Establish a link from any website that you are not authorized to use.
      • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
      • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
    3. COOPERATION WITH Picr

      You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

    4. AVAILABILITY OF SOCIAL MEDIA LINKS

      We may disable all or any social media features and any links at any time without notice in our discretion.

  15. Links from the Website

    If the Website contains links to other sites and resources provided by third parties, such as Photographers, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  16. Geographic Restrictions

    The owner of the Website is based in the state of Washington in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. You are not to access the Website from the EU. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  17. Disclaimer of Warranties
    1. DISCLAIMERS RELATED TO CODE

      You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APP, OUR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    2. GENERAL DISCLAIMERS

      YOUR USE OF THE WEBSITE, THE APP, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP ARE AT YOUR OWN RISK. THE WEBSITE, THE APP, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    3. NO WARRANTY OF MERCHANTABILITY

      THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    4. NO WAIVERS OF STATUTORY WARRANTIES

      THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

  18. Limitation on Liability

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE, THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  19. Indemnification

    You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the App, including, but not limited to, your User Contributions, any use of the Website or App content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or the App.

  20. Governing Law and Jurisdiction
    1. GOVERNING LAW AND JURISDICTION

      All matters relating to the Website and these Terms of Use and any dispute or claim arising from or related to the Website or these Terms of Use (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

    2. GENERAL DISCLAIMERS

      Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  21. Limitation on Time to File Claims

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  22. Waiver and Severability
    1. WAIVERS MUST BE IN WRITING

      No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    2. SEVERABILITY

      If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  23. Entire Agreement

    These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Picr Inc. with respect to the Website and the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the App.

  24. Your Comments and Concerns
    1. Picr ADDRESS

      This website is operated by Picr Inc. with its principal place of business at 13115 NE 4th Street, Ste 220, Vancouver WA, 98684.

    2. COPYRIGHT CLAIMS

      All notices of copyright infringement claims should be sent to the copyright agent designated in Section 8 of these Terms of Use in the manner and by the means set forth in the Policy.

    3. OTHER COMMENTS/COMMUNICATIONS

      All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@picr.com.

By signing up for an account on Picr’s website, you expressly acknowledge and agree to be bound by the terms and conditions of the Agreement.