Legal notice

This document (hereinafter, “the Legal Notice”) regulates the use of the website http://www.picyourlife.com/ (hereinafter, "the Website"), which Picyourlife, S.L., limited company incorporated under the laws of Spain and located at Madrid, C/ Infanta Mercedes, 20; with Tax Identification Number B86519113 (hereinafter "Picyourlife"); makes available to Internet users. Picyourlife is inscribed in the Mercantile Registry of Madrid, volume 30245 , folio 16 , section 8 , sheet M544387. el tomo 30245, Folio 16 Sección 8 Hoja M544387.

This document is an English translation, provided for users' convenience only. Although reasonable efforts have been made to provide an accurate translation, the Spanish version of this general terms will govern the relationship between users and Picyourlife. If there is any contradiction between what the Spanish version of the Legal Notice says and what this translation says, the Spanish version shall take precedence.

For further information, please contact our customer service at contact@picyourlife.com

GENERAL TERMS AND CONDITIONS

Identification of the Parties

These General Terms and Conditions are entered into between Picyourlife, which makes the Website available to the Internet users, subject to the following terms and conditions; and the User, that means any natural or legal person who freely and voluntarily access the Website, either using or not the services available on it; or the Registered User, that means a user who signs up to the Website through the means established for that purpose.

By accessing, browsing and / or using the Website, the User tacitly agrees to be bound by this General Terms and Conditions.

Likewise, by signing up to the Website, the User explicitly agrees to be bound by this General Terms and Conditions.

Free-of-charge access

The Website can be accessed and browsed for free. However, Picyourlife makes the Website available to Users at no cost for browsing purposes only. In case that Users wish to subscribe to any of the services addressed to Registered Users only, they must observe the specific rules set out for each particular service. Some of them may require a subscription fee.

Sign up of new users

Some of the functions of the Website are restricted to Registered Users only. A specific form must be filled out to become a Registered User.

Picyourlife is social utility. Therefore, your profile picture, your video presentation and your name may be publicly accessed within the Website, in order to let other users know that you are a Registered User and interact with you. Indeed, Picyourlife includes a tool that allows you to look for other users registered on the platform. Picyourlife allows every Registered User to share uploaded content with any User, including those not related to Picyourlife. For this purpose, Picyourlife offers a permission managing tool. Those permissions may be modified at any time.

As User, when you freely and voluntarily access or sign up to the Website you agree to observe these Terms and Conditions and undertake:

a) Not to create more than one user account in Picyourlife and not to provide any false personal information on Picyourlife or impersonate another person.
b) Not to use (or attempt to use) any other User's account without permission.
c) To be the sole responsible of all the activities carried out from your User's account.
d) To keep your access data confidential. You shall be liable for any damage caused to yourself or third parties due to your breach of these Terms and Conditions. You shall also be responsible of your Picyourlife account until it is not canceled or you evidence that the security of your account has been compromised for reasons beyond your control. In particular, you commit:

  • To keep your contact information up-to-date
  • To keep your password confidential.
  • To be the only one using your Picyourlife account.
  • Not to sell, market or transfer your account to anyone.
  • Not to use anyone's else account without his/her permission.

 

e) To be the sole responsible to provide your real data.

As User, you should always pay attention on:

a) Using Picyourlife and its features in accordance with the applicable legislation (in particular, the regulations on intellectual property as well as on personal data protection), as well as the moral and good deeds, public order and these Terms and Conditions.
b) Using Picyourlife in a lawful and responsible way.
c) Reviewing the change we may make to the Terms and Conditions or the Privacy Policy: changes could be important to you.
d) Checking also Picyourlife notifications: they may also be important to you.

Use requirements

As User, you must respect Picyourlife and fulfil the following requirements:

a) To always fulfil these Terms and Conditions and any obligations assumed herein.
b) Not to breach any Picyourlife or third party's rights or interests, such as infringe intellectual property rights (patents, trademarks, trade secrets, copyright or any other proprietary rights).
c) Not to use Picyourlife to collect information and contents in order to render any service that, in our sole judgement, correspond to us or compete with us.
d) Not to introduce, by any means, virus, worms, trojans or any other malicious codes intended to interrupt, destroy or limit the functioning of Picyourlife.
e) Not to use any techniques of verse engineering and/or to decompile or to decode or use any other system to find the Picyourlife's source code, or any element protected under intellectual property rights.
f) Not to make any changes on Picyourlife, in any manner whatsoever.
g) Not to do anything that could harm, disable, overburden or impair the proper working of the service (or the networks connected thereto). You shall not interfere in any other User's use and enjoyment of Picyourlife.
h) Not to carry out any action or use any means to simulate Picyourlife's look and feel or functioning, for any purpose.

Picyourlife does not control or guarantee the absence of virus or other elements in third parties' websites that may alter the Users' computer system (hardware or software) or the documents or files stored therein.

Given so, the User recognises and accepts that some links of the Website may address to sites external and independent to the Website and to Picyourlife, and therefore we cannot guarantee that they are free of threats, malware or viruses. In such a case, Picyourlife waives any responsibility for those third parties' contents and services, as well as for any damages that may arise in connection with them.

User-generated content

Only Registered Users are allow to publish content. As Registered User, you accept the following commitments:

a) Not to publish any content that is unlawful, inappropriate, innacurate, misleading, malicious, discriminatory or offensive. Obviously, you shall not use Picyourlife to harass, abuse or harm other person through the Website.
b) Not to carry out direct marketing campaigns on other users or third parties, for any purpose whatsoever.
c) To post appropriate content that do not breach these Terms and Conditions. Picyourlife will neither control or approve the content you post or provide through the Website.
d) To agree that you are in all events responsible for all the content that you post and/or share and for the consequences arising therefrom.
e) To agree that, if we are informed or become aware that you have infringed or breached any of the points listed above, we may completely erase your user account and all its contents, with no damages arising.

Forums and comments

Some sections of the Website may allow the participation through comments or captions and explanatory texts to the pictures or videos you may post. If that is the case, Users may send texts by using the form provided for that purpose. When sending such texts, by clicking the relevant button, as User you agree:

a) To respect law, moral and good deeds, public order and these Terms and Conditions.
b) To send lawful and truthful opinions and comments only, related to the topic and content of each picture or video.
c) To license Picyourlife to all rights that are needed to post the text in the Website.
d) To refrain from sending links to other sites that may include any of the aforementioned contents, as well as unlawful, deceptive or misleading advertising, viruses, trojans or any other content or software that may harm or alter the functioning of computing systems or equipments.
e) To refrain from sending contents or links that may be deemed to be defamatory, slanderous, offensive, racist, menacing or discriminatory; as well as commercial, or promotional.

As a User, you also agree that:

a) Picyourlife shall not be liable for the opinions made by Users, who participate at their own risk and responsibility.
b) That Users' comments do not reflect the opinion of Picyourlife, its partners or its employees.
c) That Picyourlife does not warrant, in any case, the publication of the contents sent by users. In that sense, the formal aspects of all comments are automatically supervised and moderated by an administrator of the Website, who respects the democratic freedoms of speech and information.
d) That Picyourlife might delete those comments that do not comply with these conditions.

About Picyourlife's availability and services

We do our best to try to offer the services for long periods of time and to improve and expand them, in such manner that you may access them any time, as displayed by and subject to their availability and limitations.

Picyourlife shall not assume any obligation other than these Terms and Conditions. However, other particular legal terms may exist and, in such a case, they shall also apply.

Picyourlife reserves the right to amend, suspend or modify either self-owned or third party services available through the Website at its sole discretion.

Intellectual property rights of the contents you may post

With Picyourlife you can store pictures and videos, and add other contents, such as comments, captions, etc. You will be the sole responsible for complying intellectual property laws regarding the pictures and content that you publish and share through Picyourlife, whether marked as private or public.

Your content, your ownership

Furthermore, when you as User store your pictures or share any kind of content through Picyourlife that is owned by you, you shall keep this right.

However, with regard to those pictures that you have previously marked as public, you grant Picyourlife a non-exclusive worldwide license enough for displaying the most highlighted public pictures, and, if necesary, also for displaying them on the blog. You guarantee you are entitled or empowered enough to assign these rights. Otherwise, you will be liable for any damages arising or claimed to Picyourlife. This license comes to an end whenever you remove the content or mark it as private through the permission managing tool.

Third party websites

Picyourlife may include links to third party websites. We shall not be liable, in any case, for the contents or any consequences arising from your access to third party websites through these links.

Picyourlife allows you to contract picture printing services, through external and independent suppliers. Please, be aware that these services may have their own terms and conditions. Picyourlife shall not be liable for any issue that may happen between the User and the supplier, including but not limited to the way in which your personal data is processed.

Moreover, we do not supervise nor approve any function, promotion or any other content included in such third party websites.

Responsibility for your actions

We shall neither be responsible for how you may use Picyourlife nor for the content you share in Facebook, Twitter or any other external website through Picyourlife. Likewise, we shall not be liable if you breach any duty or commitments under these Terms and Conditions.

Disclaimers

Picyourlife does not offer any guarantee on the services it provides and, in particular, on those services that are free of charge to Users.

Picyourlife is a software application that has been made available to the Internet users, so that they can use and enjoy it. Its services and features are displayed "as is", "as available".

To the extent permitted by law, Picyourlife or their suppliers shall not be liable for lost profits, consequential losses or any other loss whatsoever.

You should know that we work and put our best efforts and diligence on protecting the system and the user's contents from losses and third parties' intrusions.

For this purpose, we do our best to apply the most convenient Internet security standards. In any case, you acknowledge that there may be situations out of our control.

Intellectual property

Intellectual property rights in all elements making up the Website, as well as its source code, design, are owned by Picyourlife, either because it holds their publication rights. Therefore, the reproduction, distribution, public communication, transformation or any other activity that may be carried out on the contents of the Website is forbidden, even if the source is acknowleged, without the Picyourlife written consent.

The displaying, printing and downloading of part of the content of the Website is permitted under the following conditions only:

  • That it is in keeping with the purpose of the Website;
  • That it is performed for personal and private use only. Any use for commercial or illegal purposes is explicitly forbidden;
  • It does not compromise the integrity of the Website. Any modification of its content in any way whatsoever is strictly forbidden.

 

All trade name or marks, or any other distinctive signs that may be found in the Website are owned by their holders and are protected by law.

Confidentiality and data protection

A Privacy Policy is available. You may access it at the footer of each page of the Website.

Compensation

Your breach of any Terms and Conditions could cause us damages. You shall indemnity us if, by virtue of your breaches, we suffer damages, losses and costs (such as legal fees).

Likewise, you shall keep us harmless if claims or proceedings are initiated against us due to your breaches, and we may claim you any expense, cost or damage derived from your action.

Waiver and interpretation of the Terms and Conditions

These Terms and Conditions, and all its particular terms and conditions are an agreement between you and us, owners of Picyourlife.

If any point of the Terms and Conditions is considered unlawful, invalid o non enforceable by a decision by the competent Authorities, it may be modified to be enforceable and effective (modifications will remind as closest as possible to the original intention of the regulation).

No waiver by us of any breach of any provisions hereof shall constitute a waiver unless made in writing signed by us.

If any clause of these Terms and Conditions is determined by a court of competent authority to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of these Terms and Conditions.

Language

The applicable language of these Terms and Conditions is Spanish. We may offer you the translation of this document in several languages for your convenience only, to help you to understand it, but you explicitly agree that the official text is the Spanish version.

If there is any contradiction between what the Spanish version of these Terms and Conditions say and what the translation says, the Spanish version shall take precedence.

Governing law and venue

The relations between Picyourlife and Users are construed in accordance with the Spanish law and subject to Spanish courts.