Last Updated: November 1, 2019
YOUR ACCESS OR USE OF TRUEPIC’S VISION SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU CHOOSE NOT TO AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICE.
1. Ownership and Operation
Truepic, Inc. (“Truepic”, “we”, “our”) operates and maintains the Truepic Vision service, which includes, but is not limited to, Truepic’s: (i) website for Vision (https://vision.truepic.com), User portal and all subdomains, and all other websites owned, operated or maintained, directly or indirectly, by Truepic and its affiliated companies (together, the “Truepic Sites”), (ii) mobile applications, and (iii) related software, applications, features, data, content, products, and services (collectively, the “Truepic Vision Service” or simply the “Service”).
As used in these Terms and Conditions, “you”, “your” and “User” includes you, any individuals or entities on whose behalf you use or access the Service, and anyone you authorize to use or access the Service on your behalf. Consequently, such terms may include your employer, employees, customers, clients, consultants, contractors, agents, and third parties with which you transact business.
2. Agreement to Be Bound; Termination
3. User Accounts
You are responsible for maintaining the confidentiality of your Truepic Vision account password. You are also responsible for all activities that occur in connection with your Truepic Vision account. You agree to notify us immediately of any unauthorized use of your Truepic Vision account. We reserve the right to close your Truepic Vision account for any reason.
If you register as a Truepic Vision account User, you:
must not allow any unauthorized person or third party to access the 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 Service;
are responsible for any use of the Service by any unauthorized person or third party who accesses the Service using your Log-in ID and/or password; and
will notify Truepic immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password.
4. License, Ownership and Use of the Service and Truepic Proprietary Material
You may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service or any portion thereof. You may not access the Service in order to build a competitive product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any portion thereof. You may not interfere with or disrupt the integrity or performance of the Service or third-party data contained therein or attempt to gain unauthorized access to the Service or their related systems or networks. You may not take any action that imposes an unreasonable or disproportionately large burden on the Service, as determined by Truepic in its sole discretion.
You understand that the Service is constantly evolving. As a result, Truepic may require you to accept updates to software that you have installed on your computer or mobile device.
You must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You shall be responsible, at your own expense, for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including without limitation, hardware, software, networking, and the like.
6. User Code of Conduct
In using or accessing the Service, you agree, without limitation:
not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any part the Service;
not to interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; and
not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access.
7. User Data
Certain portions of the Service permit or require you to submit, post, transmit or upload content that you wish to process or analyze using the Service (“User Data”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, and communications with other Service users. You accept all responsibility for any data, information or material that you and your Users process or submit to the Service in the course of using the Service.
In connection with User Data, you agree that you will not submit User Data that:
are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, harmful to minors, 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.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Data to or through the Service, whether solicited or unsolicited, you agree that you are granting Truepic and its authorized any third-party service providers (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, unrestricted, worldwide, sub-licensable, transferable license to use, transmit, display (but not publicly display without your consent), create derivative works from, adapt, modify, make copies thereof and retain (collectively, “Use”) such User Data in order to provide and enhance the Service or to develop new service offerings. No attribution, approval or compensation is due to you for any such Use of User Data you may submit.
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. 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.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Truepic through any suggestion, feedback, wiki, forum or similar pages or otherwise (“Feedback”) is at your own risk and that Truepic has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Truepic a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance Service.
TRUEPIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES TRUEPIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND TRUEPIC MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE. TRUEPIC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Limitation of Liability
12. No Waiver
13. Governing Law and Jurisdiction
14. General Provisions
Export. Each party agrees to comply all export laws, restrictions, national security controls and regulations of the United States or other applicable national or foreign agency or authority, and not to export or re-export, or allow the export or re-export of any software or other Confidential Information, or any copy or direct product thereof, in violation of any such restrictions, laws or regulations.
Export Compliance. The Service, other technology Truepic makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit Users to access or use the Service in a U.S.- embargoed country or in violation of any U.S. export law or regulation.