Last updated: April 20, 2012
Welcome to PhotoSugar.com, a property of Picwalla, Inc., a California-resident corporation. This document constitutes a legally-binding agreement ("Agreement") governing the terms of providing you with our service. Throughout this document, the words "PhotoSugar," "PhotoSugar.com," "Picwalla, Inc.," "us," "we," and "our," refer to us, Picwalla, Inc., our website, PhotoSugar.com, or our service, PhotoSugar, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
PhotoSugar is a photo aggregator. It pulls photos from Facebook, Twitter, and other photo services and displays them in a photo feed-wall where you can like and comment on them. Perhaps most usefully, we also send you a well-formatted email each day with your friends' newest photos.
When using our website, you must provide us with your name and e-mail address.
You must be at least thirteen to use our service. By providing the above information and accessing our site, you represent to us that you are at least thirteen years of age.
We do not review the photographs published through PhotoSugar. As such, by your use of our service, you agree that we disclaim all responsibility for, and you release us from all liability for, any publication of photographs that may otherwise be actionable, including trademark infringement and copyright infringement.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating photographs or user information from our website without our consent.
PhotoSugar is a trademark used by us, Picwalla, Inc., to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
Where Picwalla, Inc. has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent at:
If sending the notification by e-mail, an electronic signature is acceptable.
Please note that the source for the photographs on our website is the sites we aggregate (Facebook.com, Twitter.com, etc). Therefore, even if you serve us with a DMCA notice and we comply, the original photograph will remain on the source photo service and may be copied again. We therefore recommend that, in the case of a legitimate copyright complaint, you first seek to have the infringing photograph removed from the source site before approaching us.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. YOU RELEASE US FROM ANY LIABILITY FOR DEFAMATORY, INTELLECTUAL PROPERTY-INFRINGING, OR OTHERWISE ACTIONABLE PHOTOGRAPHS ON OUR WEBSITE OR OTHER CONDUCT BY OUR USERS.
WE ARE NOT LIABLE FOR ANY FAILURE OF OUR SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.
NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including but not limited to any damages resulting from your infringement of a third party's copyrighted photographs. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract is deemed to have occurred in the State of California.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute shall be entitled to be reimbursed by the losing party for its reasonable attorneys' fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), failure of Facebook or your e-mail account, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Picwalla, Inc. shall have the sole right to elect which provision remains in force.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.