TERMS OF USE

Please read the following TERMS OF USE carefully before using the site www.picsean.com. By accessing and using the services of the site, you agree to be bound by the Terms of Use.

Picsean Media Private Limited is a company incorporated under the Indian Companies Act, 1956 (hereinafter referred to as "Picsean") operating the website www.picsean.com ("website"). By accessing and / or using the website you (hereinafter referred to "You" or "Your" or "Yourself") are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the "Terms of Use"). You must be 18 years old or older or obtain the consent of your parent or legal guardian to use the Services.

Modification of Terms of Use

Picsean reserves the right to modify the Terms of Use at any time without giving You any prior notice. Your use of the Site following any such modification constitutes Your agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of this Site or to particular content are also considered as Terms of Use.

Privacy

Picsean's privacy statement regarding the Services is available at www.picsean.com/privacy(the "Privacy Policy"), which is incorporated herein by this reference. For inquiries in regard to Picsean's Privacy Policy, or to report a privacy related problem, please contact team@picsean.com.

Rules and Conduct

The Services (including without limitation, any Content (defined below), documents or other information made available via the Services) are provided only for your own personal use and may not be used in connection with any commercial purpose(s) except as specifically approved in writing by Picsean. Any unauthorized use of the Services is expressly prohibited. For purposes of these Terms of Use, "Content" shall include, without limitation, any text, software, scripts, graphics, photos, audio, music, videos, and/or interactive features accessible through the Services, including all Submissions.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Picsean. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content using any communications services related to the Services, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Use; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); imposes an unreasonable or disproportionately large load on Picsean's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Picsean or any third party; impersonates any person or entity without his, her or its express written consent; or involves commercial activities without the prior written consent of Picsean.

You will not use any robot, spider, scraper or other automated means to access the Services for any purpose without Picsean's express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Picsean's sole discretion an unreasonable or disproportionately large load on Picsean's infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures Picsean may use to prevent or restrict access to the Services.

You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any Content available at or through the Services (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.

You may not harvest or collect information, including screen names, about other members or users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms of Use; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Picsean may remove any Content from the Services at any time for any reason (including, but not limited to, upon receipt of a claim or allegation from third parties or authorities relating to such Content), or for no reason at all.

Picsean may, at its sole discretion, immediately terminate your access to the Services should your conduct fail to conform strictly with any of the terms or conditions of these Terms of Use or with any provision of this section.

The Services allow you to upload your own images, stories and other Content ("Submission(s)") provided that you do so strictly in accordance with any instructions provided in the Services.

By uploading your submissions you:

grant to Picsean a non-exclusive, perpetual, limited license to use, publish, reproduce, display Your submissions in their magazines either through print, online or other media and use for Picsean's promotional purposes and activities (defined below)

grant to Picsean the right to use your submissions for Picsean's promotional purposes and activities (defined below)

represent and warrant to Picsean that you are the original creator of the Submission(s);

represent and warrant to Picsean that you own or otherwise control all rights to such Submission(s) and that use and disclosure of the Submission(s) by Picsean (including, without limitation, Publicizing the Submission(s)) will not infringe or violate the rights of any third party; and agree not to provide Picsean with any confidential or proprietary information that you desire to or are required to keep secret.

Picsean's foregoing right to publish your Submission(s) may only be revoked by you prior to Picsean's decision to publish the Submission(s), which is made internally by Picsean without notice to you. To revoke Picsean's right to publish your Submission(s), Picsean must receive written notice from you at team@picsean.com prior to its internal decision to publish your Submission(s). Therefore, if you wish to revoke Picsean's right to publish your Submission(s), you must notify Picsean immediately. Once Picsean has made an internal decision to publish your Submission(s), you will no longer be able to revoke Picsean's right to publish your Submission(s) and Picsean will have no obligation to discontinue or prevent your Submission(s) from being published. After Picsean has received your written notice of revocation, Picsean will have a commercially reasonable period of time to implement your request.

If your Submission(s) is/are selected by Picsean to be published in the Picsean magazine, you may be eligible to receive cash reward (in the form of pic-cents) if so specified from time to time by Picsean on the Website. The reward is subject to change at any time without notice in the sole discretion of Picsean. Picsean may in the future introduce options, via their business partners, to increase the monetary compensation you can get via your submissions to which you will be extended an offer to be a part of.

For purposes of these Terms of Use, "Promotional Purposes" shall be defined as use of a Submission expressly for the purpose of promoting Picsean.com and Picsean Magazine, including the Services provided therein. Picsean will not, without Your permission, sub-license any Submission to any third party for any purpose.

Registration

To access some of the services, you will be required to register at the website and select a user name and password. You must provide accurate and complete information during the registration process and in the 'My Profile' section of the website. If any of the information provided earlier during the time of registration or completing the profile section changes, you will update the profile with the latest information. At the time of the registration, you will not be allowed to choose user names that have already been chosen by other members or are reserved by Picsean. You may not use a user name that is offensive or vulgar. Picsean reserves the right to refuse registration or cancel a user name at it sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your registration details and password. You will immediately notify Picsean in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Links to Third Party Sites

The website may contain links to other websites ("Linked Sites") and the services may permit you to link to other websites or resources on the internet. These Linked Sites are not under Picsean's control, and you acknowledge that Picsean is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in the Services does not imply endorsement by Picsean or any association with its operators. You further acknowledge and agree that Picsean 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 the use of or reliance on any content, goods or services available on or through any Linked Sites or resource.

Termination

Picsean may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you must discontinue using the Services and send an email to team@picsean.com to delete your account. Third party references or links to your account that are not under the control of Picsean may persist beyond actual termination and deletion of your account. Picsean is not responsible for such links, but upon receipt of notice at team@picsean.com that a problem exists, Picsean will attempt to notify the source of the problem that the link is no longer active. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, your representations and warranties, warranty disclaimers, indemnity and limitations of liability.

No Warranties / Limitations of Liability

Picsean has endeavoured to ensure that all the information on the Website is correct, but Picsean neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Picsean be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Picsean be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Picsean shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Picsean's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification

You agree to defend, indemnify, and hold harmless Picsean its directors, officers, employees, agents, partners, representatives and affiliates, and their employees, contractors, officers, directors and representatives, from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) your use or misuse of the Services, (ii) your violation of these Terms of Use, (iii) any disputes regarding ownership rights of any kind arising from your Submission(s), or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Integration and Severability

These Terms of Use are the entire agreement between you and Picsean with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Picsean with respect to this Services (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of these Terms of Use is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Picsean does not review the contents in any way before they appear on the Website. Picsean does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to team@picsean.com.

Governing Law and Jurisdiction

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.