PicCollage Company

GENERAL

PicCollage Services include all apps developed by Cardinal Blue Software Inc (“We”, “us”). By using any of our services, you are bound by these terms. The terms may change from time to time. You can review the most current version of the terms here: https://picco.com/tos.

This agreement, and any claims arising out of it, shall be governed under the jurisdiction of our choice. PicCollage Services are provided “as-is” and assume no responsibility for the failure to store your user settings. We are not responsible for modification or loss of your content, or for the discontinuation of any of our services. We encourage you to keep a copy of your content. From time to time, the services may be temporarily down for repairs. We take no responsibility for loss of content during these times.

USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PicCollage, are entirely responsible for all Content that you create, save, email, transmit or otherwise make available via the PicCollage Services. PicCollage does not control the Content posted via the PicCollage Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PicCollage Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PicCollage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the PicCollage Services.

You agree that under the use of PicCollage Services:

You must be at least 13 years old or the minimum legal age in your country to use PicCollage.
You may not use the PicCollage Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you create and save using the PicCollage Services.
You must not modify, adapt or hack PicCollage or modify another website so as to falsely imply that it is associated with PicCollage.
You must not access the PicCollage private API by any other means other than the PicCollage application itself.
You must not use web URLs in your name without prior written consent from PicCollage.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of PicCollage, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You must not interfere with or disrupt the PicCollage Services or servers or networks connected to the PicCollage Services, or disobey any requirements, prores, policies or regulations of networks connected to the PicCollage Services, including using any device, software or routine to bypass our robot exclusion headers.

In consideration of your use of the PicCollage Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the PicCollage Services under the laws of the United States or other applicable jurisdiction.

GENERAL CONDITIONS

We reserve the right to modify or terminate the PicCollage services for any reason, without notice at any time.
We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Services.

PROPRIETARY RIGHTS IN CONTENT ON PICCOLLAGE

PicCollage does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you create using the PicCollage Services.
You represent and warrant that: (i) you own the Content created by you on or through the PicCollage Services or otherwise have the right to grant the license set forth in this section, (ii) the creation and use of your Content on or through the PicCollage Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you create on or through the PicCollage Services.
The PicCollage Services contain Content of PicCollage ("PicCollage Content"). PicCollage Content is protected by copyright, trademark, patent, trade secret and other laws, and Cardinal Blue owns and retains all rights in the PicCollage Content and the PicCollage Services.
The PicCollage Services contain Content of Users and other PicCollage licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PicCollage Services.
PicCollage performs technical functions necessary to offer the PicCollage Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PicCollage Services.
Although the Site and other PicCollage Services are normally available, there will be occasions when the Site or other PicCollage Services will be interrupted for scled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PicCollage. Also, although PicCollage will normally only delete Content that violates this Agreement, PicCollage reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PicCollage in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PicCollage encourages you to maintain your own backup of your Content. In other words, PicCollage is not a backup service. PicCollage will not be liable to you for any modification, suspension, or discontinuation of the PicCollage Services, or the loss of any Content.

With respect to Content you submit or make available for inclusion on publicly accessible areas of PicCollage, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the PicCollage Services solely for the purposes of providing and promoting the specific PicCollage to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the PicCollage Services and will terminate at the time you remove or PicCollage removes such Content from the PicCollage Services.

CONTRIBUTIONS TO PICCOLLAGE

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to PicCollage through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) PicCollage is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) PicCollage may have something similar to the Contributions already under consideration or in development; (d) your Contributions automatically become the property of PicCollage without any obligation of PicCollage to you; and (e) you are not entitled to any compensation or reimbursement of any kind from PicCollage under any circumstances.

INDEMNITY

As permitted by law, you agree to indemnify and hold PicCollage and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys'; fees, made by any third party due to or arising out of Content you create, transmit, modify or otherwise make available through the PicCollage Services, your use of the PicCollage Services, your connection to the PicCollage Services, or your violation of any rights of another Terms of Service.

NO COMMERCIAL REUSE OF PICCOLLAGE SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PicCollage Services.

MODIFICATIONS TO PICCOLLAGE SERVICES

PicCollage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PicCollage Services (or any part thereof) with or without notice. You agree that PicCollage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PicCollage Services (or any part thereof).

TERMINATION

You agree that PicCollage may, without prior notice, immediately terminate, limit your access to or suspend your PicCollage account, any associated email address, and access to the PicCollage Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PicCollage Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PicCollage Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in PicCollage's Kids sole discretion and that PicCollage shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PicCollage Services.

GDPR COMPLIANCE

We have implemented our GDPR compliance strategy to make sure the rights of our users in the European Union are protected. We are committed to giving you transparent information, communication and modalities of the information we collect and how we process it and for the exercise of your rights under GDPR.

Below are the initiatives we have committed to in order to satisfy GDPR requirements that apply to our European users:

User Consent

Users that reside in the European Union (E.U.) must grant us consent before using PicCollage starting from May 25, 2018. By giving us consent, you agree to how we collect and process your data.

Please note you can withdraw your consent at any time on the app’s Data Privacy page, accessible through the Settings page. If you have created a social network account within PicCollage, you have to go to our webpage to edit your account preferences in order to deactivate your account.
You must be at least 13 years old to create a social network account within the PicCollage app, but you can be younger to use PicCollage.
For users residing in the European Union, please note you can only create an account if you are over the age of 16. Otherwise, you must receive explicit consent from a parental guardian in order to create an account.

Data Subject Rights

As the data subject, you have the right to either give consent or decline consent to our terms and policies. Please note by declining consent, you will not be able to use PicCollage at the moment. The following are the rights you can exercise regarding your information under GDPR:

The right of access
As the data subject, you have the right to know how your data is being processed and you can also request to access your data.
The right to rectification
As the data subject, you can obtain rectification of inaccurate personal data from us in a timely manner.
The right to erasure
As the data subject, you have the right to obtain the erasure of your data under the following circumstances:
- the personal data are no longer necessary (for example, in the case that a user deletes their account)
- when you withdraw consent to our terms and policies
- when your personal data have been unlawfully processed
The right to restriction of processing
You have the right to obtain restriction of our processing of your data when the accuracy of the data is contested by you, the data subject.
The right to be informed
You have the right to be informed by PicCollage on the changes we make regarding the collection and processing of your information.
The right to object
As the data subject, you have the right to ask us to stop processing your data.
The right not to be subject to automated individual decision-making, including profiling.

CCPA COMPLIANCE

We have implemented our CCPA compliance strategy for Californian residents. We are committed to giving you transparent information, communication and modalities of the information we collect and how we process it and for the exercise of your rights under CCPA.

Below are the initiatives we have committed to in order to satisfy CCPA requirements that apply to our Californian residents:

User Consent

Users that reside in California have the right to revoke consent at any time starting from January 1, 2020. By giving us consent, you agree to how we collect and process your data.

Please note you can withdraw your consent at any time. To make this request, please email support@cardinalblue.com or contact us using this address: Cardinal Blue Software, P.O. Box 390677, Mountain View, CA 94039. Please note that revoking your consent will require discontinuing use of the app at this time.
To delete a PicCollage Social account, please login to your account from piccollage.com and choose “Delete account” on the settings page.
You must be at least 13 years old to create a social network account within the PicCollage app, but you can be younger to use PicCollage.

Data Subject Rights

The right of access
As the data subject, you have the right to know how your data is being processed and you can also request to access your data.
The right to rectification
As the data subject, you can obtain rectification of inaccurate personal data from us in a timely manner.
The right to deletion
As the data subject, you have the right to obtain the deletion of your data under the following circumstances:
- the personal data are no longer necessary (for example, in the case that a user deletes their account)
- when you withdraw consent to our terms and policies
- when your personal data have been unlawfully processed
The right to restriction of processing
You have the right to obtain restriction of our processing of your data when the accuracy of the data is contested by you, the data subject.
The right to be informed
You have the right to be informed by PicCollage on the changes we make regarding the collection and processing of your information.
The right to object
As the data subject, you have the right to ask us to stop processing your data.
The right not to be subject to automated individual decision-making, including profiling.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE PICCOLLAGE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PICCOLLAGE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PICCOLLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PICCOLLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PICCOLLAGE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PICCOLLAGE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PICCOLLAGE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PICCOLLAGE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PICCOLLAGE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICCOLLAGE OR THROUGH OR FROM THE PICCOLLAGE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PICCOLLAGE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PICCOLLAGE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PICCOLLAGE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PICCOLLAGE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICCOLLAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PICCOLLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PICCOLLAGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PICCOLLAGE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PICCOLLAGE SERVICE.

NO THIRD-PARTY BENEFICIARIES

You agree that there shall be no third-party beneficiaries to this agreement.

NOTICE

PicCollage may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the PicCollage Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the PicCollage Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PicCollage Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of PicCollage’ trademarks, trade names, service marks and other PicCollage logos and brand features, and product and service names are trademarks and the property of Cardinal Blue Software, Inc. (the "PicCollage Marks"). Without prior permission, you agree not to display or use in any manner the PicCollage Marks.

NOTICE AND PRORE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

PicCollage respects the intellectual property of others, and we ask our users to do the same. PicCollage may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

VIOLATIONS

Please report any violations of the TOS to us.

Last updated: August 2021