Terms & Conditions

TRUEPIC Terms of Use

These Terms of Use are effective on February 28, 2017

The last update to the Terms of Use were made on July 17, 2017

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.

  1. Ownership and Operation
  2. Agreement to Be Bound; Termination
  3. User Accounts
  4. Continuing Agreement
  5. Ownership and Use of the Service and TRUEPIC Proprietary Material
  6. Privacy
  7. User Code of Conduct
  8. User Content
  9. Geographic Scope of Site
  10. Links to Other Sites
  11. Contents of This Service – Disclaimer
  12. Operation of This Service – Disclaimer
  13. Limitation of Liability
  14. Indemnification
  15. Copyright Agent
  16. Arbitration
  17. Time Limitation on Claims
  18. Applicable Law; Jurisdiction
  19. Severability
  20. No Waiver
  21. No Legal Effect
  22. Contact Us

 

  1. Ownership and Operation

This website, www.TRUEPIC.com and all its subdomains as well as mobile applications, social media platforms, and all other websites owned, operated or maintained directly or indirectly by TruePic, Inc. and its affiliated companies (“TRUEPIC” or “we” or “us”) (collectively the “TRUEPIC Sites”) and the related services and applications (collectively, the “Service”) is provided subject to these Terms of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the TRUEPIC Sites applicable to your use of the Service (as amended by TRUEPIC from time to time, the foregoing being collectively referred to as the “Terms of Use”). There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

  1. Agreement to Be Bound; Termination

Your access to and use of this Service constitutes your agreement with TRUEPIC to be bound by, and to act in accordance with, these Terms of Use. You may terminate the Terms of Use at any time by discontinuing your use of the Service, and providing TRUEPIC with a notice of termination. TRUEPIC may suspend, discontinue or terminate your access, close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind.

In the event of any termination, whether by you or us, Sections 1, 2, 8, 13 – 18, of these Terms of Use will continue in full force and effect, including our right to use User Content as detailed in Section 8. You agree that TRUEPIC shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service.

  1. 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 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 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 third party who accesses the Service using your Log-in ID and/or password;
  • will notify TRUEPIC immediately if you suspect any unauthorized use of the 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:

  1. A “Consumer Account” is a user account for a consumer to use the TRUPIC Services to generate verified User Content using the camera within the TRUEPIC application and sharing that content by text, email or social media. In creating a Consumer Account, we ask that you provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Please read our Privacy Policy, http://truepic.com/privacy-policy, for more information. A user who registers for a Consumer Account is a “Consumer User”.
  2. An “Enterprise Account” is a user account for a registered business entity seeking to use the TRUEPIC Service in conjunction with its business activities. In creating an Enterprise Account, we ask that you provide complete and accurate information about your business. You may not impersonate someone else, create or use an account for anyone other than those individuals directly associated with your business. Please read our Privacy Policy, http://truepic.com/privacy-policy, for more information. A user who registers for an Enterprise Account is an “Enterprise User”.

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.

  1. Continuing Agreement

We may modify the Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and we will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, “Applicable Laws”), you understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Use indicates your acceptance of the modifications.

  1. 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 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 Service (“TRUEPIC Proprietary Material”). The contents of the Service are copyrighted under United States copyright laws and the TRUEPIC technology is protected by multiple US Patents.

Except as otherwise provided in these Terms of Use, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the TRUEPIC Proprietary Material or any portion thereof, for any purpose. You may download, print and store selected portions of the TRUEPIC Proprietary Material, provided you (1) only use these copies for your own personal, non-commercial use, (2) do not copy or post TRUEPIC Proprietary Material on any network computer or broadcast the content in any media, and (3) do not modify or alter the TRUEPIC Proprietary Material in any way, or delete or change any copyright or trademark notice. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Service or use of such materials for any other purpose is a violation of TRUEPIC’s copyright and other proprietary rights. TRUEPIC may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this 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 this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by TRUEPIC in its sole discretion.

  1. Privacy

For information on how TRUEPIC uses and protects the personal information you may provide on this Service, please read the TRUEPIC Privacy Policy, http://truepic.com/privacy-policy. The Privacy Policy is incorporated into these Terms of Use and explains TRUEPIC’s privacy practices. By using the Service, you agree to the terms of the Privacy Policy.

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 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.

  1. User Code of Conduct

In using or accessing this Service, you agree, without limitation:

  1. not to use this Service in breach of these Terms of Use;
  2. not to use this Service on behalf of a business entity unless you have an authorized Enterprise Account;
  3. not to “spam” others or “phish” for others’ personal information;
  4. not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service;
  5. not to create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  6. 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.
  7. not to inject content or code or otherwise alter or interfere with the way any TRUPIC page is rendered or displayed in a user’s browser or device.
  8. not to use, frame or utilize framing techniques to enclose any part of this Service without TRUEPIC’s express prior written consent;
  9. not to “deeplink” to this Service without TRUEPIC’s express prior written consent;
  10. not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access;
  11. not to use this Service in breach of any Third Party Site’s (as defined below) terms and conditions.

You agree to immediately notify TRUEPIC if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify TRUEPIC, or we otherwise suspect such activity, you agree to cooperate with TRUEPIC in any investigation and to use any prevention measures we prescribe.

  1. User Content

Certain portions of the 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:

  • includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use;
  • includes any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws;
  • 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 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 this Service, whether solicited or unsolicited, you agree that you are granting TRUEPIC, any third-party service providers who provide the Service (collectively, the “Licensed Parties”) a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, 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 such (collectively, “Use”) such User Content in order to provide the Service.

Except as otherwise described in the Service’s Privacy Policy, as between you and TRUEPIC, any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with TRUEPIC is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place TRUEPIC in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of TRUEPIC, and TRUEPIC will not be liable for any use or disclosure of any User Content you provide.

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 become the unrestricted licensed property of the Licensed Parties.

You represent and warrant that neither the User Content, nor the Use of the User Content as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Content. All User Content must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Content, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Content, in whole or in part, for any reason or for no reason. TRUEPIC also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that TRUEPIC does not have any obligation to use or respond to any User Content. The Licensed Parties have no control over whether such User Content are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Content.

If you are aware of any User Content on this Service which violates these Terms of Use, please contact us by visiting our Contact Us page, or by writing to us at TRUEPIC, 7660 Fay Ave. STE H 376, La Jolla, CA 92037 Attn: TRUEPIC Customer Service. Please provide as much detail as possible, including a copy of the underlying material, the location where TRUEPIC may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal; TRUEPIC will only remove User Content if TRUEPIC believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled “Copyright Agent.” In no event does TRUEPIC assume any liability for failing to either monitor or remove specific User Content.

TRUEPIC will fully cooperate with any law enforcement authorities or court order requesting or directing TRUEPIC to disclose the identity of anyone posting User Content that violate these Terms of Use or any law or regulation. TRUEPIC may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of TRUEPIC, its customers or the public.

  1. Territorial Restrictions

The information provided within the 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 Service or any portion of the 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 Service may be subject to United States export controls. Thus, no software from the 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 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.

The effective date of these Terms of Use is February 28, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

  1. Links to Other Sites

For your convenience and enjoyment, this 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 Service, you may be able to post such information directly to your profile at the social networking platform without leaving the 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.

  1. CONTENTS OF THIS SERVICE – DISCLAIMER

THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS 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 THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS 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 THIS 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 THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER CONTENT ON THIS 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 THIS 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.

  1. OPERATION OF THIS SERVICE – DISCLAIMER

TRUEPIC ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS 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 THIS SERVICE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS 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 THIS 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 THIS SERVICE.

  1. 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 SERVICE OR ANY MATERIALS IN THIS 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 THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS 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 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 SERVICES; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE OR INACCURACY.

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, 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 this Service.

  1. Indemnification

You hereby agree to defend, indemnify and hold the TRUEPIC Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Content, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity.

  1. 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 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

phone: 203-358-0800

fax: 203-348-2321

e-mail: mwagner@dmoc.com

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 Service or making submissions.

  1. Arbitration

Except if you opt-out or for disputes relating to: (1) your or TRUEPIC’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions 7(e); 7(f); or (7g) of the terms above (“Excluded Disputes”), you agree that all disputes between you and TRUEPIC (whether or not such dispute involves a third party) with regard to your relationship with TRUEPIC, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and TRUEPIC hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor TRUEPIC will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if TRUEPIC is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either TRUEPIC or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

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.

  1. 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.

  1. Applicable Law; Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with TRUEPIC exclusively in a state or federal court located in San Diego, California, and to submit to the personal jurisdiction of the courts located in San Diego County for the purpose of litigating all such disputes.

  1. Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  1. No Waiver

No failure on the part of TRUEPIC to enforce any part of these Terms of Use shall constitute a waiver of any of TRUEPIC’s rights under these Terms of Use whether for past or future actions on the part of any person.

  1. No Legal Effect

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

  1. Contact Us

We value the connection we have with our users and we welcome your feedback, questions, comments and concerns regarding the Terms of Use and all other policies in effect on the TRUEPIC Sites. You can contact us at through our Contact Us page or by sending correspondence to: