- Ownership and Operation
Truepic, Inc. (“TRUEPIC”, “we”, “our”) operates and maintains the TRUEPIC service, which includes, but is not limited to, TRUEPIC’S: (i) website (https://truepic.com) and all its subdomains, and all other websites owned, operated or maintained, directly or indirectly, by TRUEPIC and its affiliated companies, (ii) mobile applications, (iii) online mobile application management platform, (iv) social media platforms (together, the “TRUEPIC Sites”), and (v) related software, applications, features, data, content, products, and services, which may include services provided by third parties (collectively, the “TRUEPIC Service”).
- Agreement to Be Bound; Termination
Following termination or deactivation of your account, TRUEPIC may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TRUEPIC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the TRUEPIC Service (an “Account”). You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
If you register an Account, you:
- must be over 16 years of age;
- must not allow any third party to access the TRUEPIC Service using the email address or username you provided during the registration process (“Log-in ID”) and password;
- are prohibited from using anyone else’s Log-in ID and password to access the TRUEPIC Service;
- are responsible for any use of the TRUEPIC Service by any third party who accesses the TRUEPIC Service using your Log-in ID and/or password;
- will notify TRUEPIC immediately if you suspect any unauthorized use of the TRUEPIC Service or of your Log-in ID and/or password; and
- are responsible for ensuring that any information that you provide to TRUEPIC as part of the Account registration process is accurate and is kept up to date at all times, and you will notify TRUEPIC immediately of any changes to this information.
Types of Accounts:
With the exception of people or businesses that are expressly authorized to create Accounts on behalf of their employers or clients by registering as an Enterprise User, TRUEPIC prohibits the creation of, and you agree that you will not, create an Account for anyone other than yourself or for your personal use.
- Continuing Agreement
- Ownership and Use of the Service and TRUEPIC Proprietary Material
As between TRUEPIC and you, except for User Content (as defined below), TRUEPIC is the sole owner of all content on the TRUEPIC Service, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the TRUEPIC Service (“TRUEPIC Proprietary Material”). The contents of the TRUEPIC Service are copyrighted under United States copyright laws and the TRUEPIC technology is protected by multiple US Patents.
In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the TRUEPIC Service or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the TRUEPIC Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on the TRUEPIC Service, as determined by TRUEPIC in its sole discretion.
If you obtain or TRUEPIC provides you with information about another user, including User Content, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information or User Content to a third party for purposes unrelated to the TRUEPIC Services. Additionally, you may not use information or User Content for advertising or marketing purposes, via electronic or other means, unless you obtain the consent of TRUEPIC to do so.
- User Code of Conduct
In using or accessing the TRUEPIC Service, you agree, without limitation:
- not to use the TRUEPIC Service on behalf of a business entity unless you have an authorized Enterprise Account;
- not to “spam” others or “phish” for others’ personal information;
- not to disrupt or interfere with the security of, or otherwise abuse, the TRUEPIC Service, or any part the TRUEPIC Service;
- not to create Accounts with the TRUEPIC Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- not to interfere or disrupt the TRUEPIC Service or servers or networks connected to the TRUEPIC Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- not to inject content or code or otherwise alter or interfere with the way any TRUEPIC page is rendered or displayed in a user’s browser or device.
- not to use, frame or utilize framing techniques to enclose any part of the TRUEPIC Service without TRUEPIC’s express prior written consent;
- not to “deeplink” to the TRUEPIC Service without TRUEPIC’s express prior written consent;
- not to attempt to obtain unauthorized access to the TRUEPIC Service or portions of the TRUEPIC Service that are restricted from general access;
- not to use the TRUEPIC Service in breach of any Third Party Site’s (as defined below) terms and conditions.
Sharing Photos Safely
If someone is threatening to share things you intended to be private and asking you to send them money or anything else, you have options:
- Contact local law enforcement and report this to them.
- Report this person to TRUEPIC or the social media platform where the photos were published (if applicable)
The safest thing you can do is never share something you wouldn’t want other people seeing, even if you feel like you trust the person asking you to share. If you’re under 18, we recommend talking with a parent or other adult you trust to help you think through what to do. See our frequently asked questions for additional information.
- User Content
Certain portions of the TRUEPIC Service may permit you to submit, post, transmit or upload content created by you (“User Content”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, posts to social networks, and communications with other Service users.
In connection with User Content, you agree that you will not submit User Content that:
- are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights,
- contains any private or confidential information via the TRUEPIC Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; or
- could be considered bulk unsolicited communications.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content to TRUEPIC through the TRUEPIC Service, whether solicited or unsolicited, you agree that you are granting TRUEPIC, any third-party service providers who provide the TRUEPIC Service (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate, make copies thereof and retain (collectively, “Use”) such User Content in order to provide the TRUEPIC Service.
No credit, approval or compensation is due to you for any such Use of User Content you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Content), in connection with broadcast, print, online or any other Use of your User Content. All User Content becomes the unrestricted licensed property of the Licensed Parties.
TRUEPIC may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if TRUEPIC has a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where TRUEPIC has a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when TRUEPIC has a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
- Territorial Restrictions
The information provided within the TRUEPIC Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TRUEPIC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the TRUEPIC Service or any portion of the TRUEPIC Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that TRUEPIC provides.
Software related to or made available by the TRUEPIC Service may be subject to United States export controls. Thus, no software from the TRUEPIC Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the TRUEPIC Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- Links to Other Sites
For your convenience and enjoyment, the TRUEPIC Service may provide links to other third party web sites that are not operated by TRUEPIC (“Third Party Site(s)”). TRUEPIC has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. TRUEPIC may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by TRUEPIC to, or an endorsement by TRUEPIC of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. TRUEPIC is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.
If you determine to share any information about any TRUEPIC products through a social network platform, including through links provided by TRUEPIC through the TRUEPIC Service, you may be able to post such information directly to your profile at the social networking platform without leaving the TRUEPIC Service. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform.
- CONTENTS OF THIS SERVICE – DISCLAIMER
THE MATERIALS IN THE TRUEPIC SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THE TRUEPIC SERVICE ARE PROVIDED “AS IS” AND “AS-AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRUEPIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRUEPIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE TRUEPIC SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THE TRUEPIC SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. TRUEPIC UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THE TRUEPIC SERVICE, YOU WILL BE EXPOSED TO USER CONTENT POSTED AND/OR SUBMITTED BY USERS. TRUEPIC IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER CONTENT, AND TRUEPIC DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. IN ADDITION, TRUEPIC CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER CONTENT WILL NOT APPEAR ON THE TRUEPIC SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER CONTENT ON THE TRUEPIC SERVICE, TRUEPIC IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER CONTENT OR ACTIVITIES OF USERS ON THE TRUEPIC SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER CONTENT ARE NOT NECESSARILY THOSE OF TRUEPIC OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.
- OPERATION OF THIS SERVICE – DISCLAIMER
TRUEPIC ENDEAVORS TO MAINTAIN THE TRUEPIC SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE TRUEPIC SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THE TRUEPIC SERVICE, TRUEPIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TRUEPIC MAKES NO WARRANTY THAT (I) THE OPERATION OF THE TRUEPIC SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE TRUEPIC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRUEPIC SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT TRUEPIC) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE TRUEPIC SERVICE.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRUEPIC, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “TRUEPIC PARTIES”) BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE TRUEPIC SERVICE OR ANY MATERIALS IN THE TRUEPIC SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE TRUEPIC SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THE TRUEPIC SERVICE.
THE TRUEPIC PARTIES SHALL NOT BE LIABLE EVEN IF TRUEPIC OR A TRUEPIC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. TRUEPIC PARTIES SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE TRUEPIC SERVICES INCLUDING, BUT NOT LIMITED TO, PRODUCTION, CUSTODY OR AUTHENTICATION OF ANY USER CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE FUNCTIONING, STORAGE, TRANSMISSION, CUSTODY OR DELIVERY OF THE TRUEPIC SERVICES; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE OR INACCURACY.
IN NO EVENT SHALL THE TRUEPIC PARTIES’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TRUEPIC SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TRUEPIC SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM OR AS A RESULT OF DEPLOYING INTEGRATIONS WITH THIRD PARTY SERVICES OR FOR THE ACTIONS OR OMISSIONS OF PROVIDERS OF THIRD PARTY SERVICES. TRUEPIC RESERVES THE RIGHT TO CEASE TO PROVIDE INTEGRATIONS IF CIRCUMSTANCES CHANGE SUCH THAT INTEGRATIONS ARE NO LONGER PERMISSIBLE OR PRACTICABLE.
UNLESS TRUEPIC HAS BEEN PUT ON ADVANCE WRITTEN NOTICE BY YOU AND TRUEPIC HAS AGREED IN WRITING, PERSONAL DATA WILL NOT BE PROCESSED VIA THE TRUEPIC SERVICE (EXCEPT FOR END USERS LOGIN INFORMATION). IN NO EVENT SHALL TRUEPIC OR ITS SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY IN RESPECT OF ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THE ACCESS TO OR PROCESSING OF PERSONAL DATA BY TRUEPIC.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, HOWEVER, NOTHING HEREIN IS INTENDED TO LIMIT OR EXCLUDE ANY LIABILITY IN A WAY THAT IS NOT PERMITTED UNDER SUCH LAWS.
- Copyright Agent
TRUEPIC maintains a policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Service infringe your copyright, you may request removal of those materials from the TRUEPIC Service by contacting TRUEPIC’s copyright agent with the following Notice, which shall include each of the following:
- Description of the copyrighted work that you believe to be infringed.
- Identification of the material on the site that you claim is infringing, with its URL or any other pertinent details that will allow us to locate the material.
- Your name, address, telephone number email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you declaring under penalty of perjury that the information that you have provided in your Notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Matthew C. Wagner
Diserio Martin O’Connor & Castiglioni LLP
One Atlantic Street
Stamford, CT 06901
e-mail: [email protected]
We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the TRUEPIC Service or making submissions.
You may opt out of this agreement to arbitrate. If you do so, neither you nor TRUEPIC can require the other to participate in an arbitration proceeding. To opt out, you must notify TRUEPIC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
TRUEPIC ATTN: Arbitration Opt-out, 7660 Fay Ave. STE H 376, La Jolla, CA 92037
You must include your name and residence address, the email address you use for your TRUEPIC Account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with TRUEPIC.
- Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with TRUEPIC must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- Applicable Law; Jurisdiction
- Equitable Relief
- Independent Contractors
- Successors and Assigns
- No Waiver
- Force Majeure
TRUEPIC shall not be liable to the you for acts beyond its reasonable control including, but not limited to, acts of God, or public enemy, the acts or failure to act of any governmental authority, civil unrest, acts of civil or military authority, war, embargos, labor disputes, fires, earthquakes, epidemics, floods, unusually severe weather, or shortage or absence of power, without limitation including primary power and failure of backup systems (each a “Force Majeure”).
- Compliance with Laws
You will comply with all applicable federal, state and local laws, including, but not limited to, the US Children’s Online Privacy Protection Act, and all other laws and regulations relating to the gathering, handling and dissemination of all data and all rules and regulations and conventions and treaties and the terms and conditions of all applicable third party web sites, platforms or applications.
- Headings, Captions and Names
- Entire Agreement
- Contact Us
- Corporate Inquiries: [email protected]
- Customer Service Emails: [email protected]
- Mailing address: TRUEPIC, 7660 Fay Ave, STE H 376, La Jolla, CA 92037
Copyright © 2018 by TruePic, Inc. All rights reserved.
Last revised: February 19, 2018