PhotoCircle Acceptable Use Guidelines

Last Updated: May 9, 2024

You agree that you understand, and your use of the Services will at all times adhere to, the following restrictions and obligations:

1. You will upload Contributions to the Services only where you own those Contributions (or have permission to use them in connection with the Services and in accordance with these terms and our Privacy Policy).

2. You will not upload any Contributions that are private, sensitive, or introduce a security risk to yourself, such as using your phone number as your display name. You are responsible for taking reasonable measures to protect your own privacy and security when using the Services.

3. You may only use the Services for personal, non-commercial use (except for Premium Plan users, who may use in accordance with the applicable Premium Terms of Service). You may not create a user profile for anything other than a natural, human person.

4. You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. We may, in our sole discretion, cooperate in law enforcement investigations relating to your Contributions and use of the Services.

5. You may not interfere with or damage the Services, and may not take any action in connection with the Services which presents a risk of interference with or damage to the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-Services attacks, ransomware, keystroke loggers, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology that may exist now or come to exist in the future.

6. You may not upload, access, Contribute, download, screenshot, or share images of minors other than as expressly permitted by this Policy and the minors’ legal guardian.

7. Except as specifically enabled by the standard functionality of the App, you may not copy, rip, or capture any Content encountered on the Service.

8. You may not use the Services to reverse engineer, recreate, duplicate, mimic, and/or otherwise recreate all or any part of the Services. You may not use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl”, “spider” or use an automated mechanism such as a bot to interact in any way with any portion of the Services. From the time you accept these terms, you agree not to attempt to compete with the Services or use the Services in any way as a part of competing with PhotoCircle. If you are an owner, operator, or employee of a business whose products and services can be deemed to compete with PhotoCircle, you may not install or use the App in any manner whatsoever.

9. You may not use the Services to upload, transmit, or promote any Contributions or related material that infringes or violates the intellectual property rights, privacy rights, publicity, and/or any other rights of anyone else (including PhotoCircle). For example, and not as a limitation, this means that if you upload photos that portray illegal content, photos that you don’t have permission to upload, or abusive comments, you have violated these terms.

10. You may not use the Services to upload, transmit, or promote any Contributions or related material that is inappropriate, inaccurate, objectionable, and/or abusive using the Services, nor use the Services to harass, abuse or harm another person in any way, including without limitation, to market goods and services to them, “Spam” them, and/or populate marketing lists.

11. You may not rent, lease, loan, trade, sell/re-sell access to PhotoCircle’s Services or any information therein, or the equivalent, in whole or part;

12. You may not imply or state, directly or indirectly, that you are affiliated with or endorsed by us unless you have entered into a separate written agreement with us that expressly permits such statements;

13. You may only use SSO to sign onto the Service if you have the necessary rights and permissions from the SSO provider.

14. You may not take any action which attempts to override the privacy and security features of the Services in any manner.

15. You may not take any action which attempts to or actually does interrupt, disrupt, or delay the Services in any manner.

16. You will not bully, demean, abuse, insult, or verbally attack members of the PhotoCircle support team.

17. You will not use our Services to cause nuisance, annoyance, or inconvenience.

18. You will not copy or distribute any Media displayed through the Services without the permission or authority to do so.

19. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any Media displayed through the Services except for your personal, noncommercial use.

20. The information you provide to us or otherwise communicate with us is accurate.

21. You will not use the Services in any way that could damage, disable, overburden, or impair any of our servers or the networks connected to any of our servers.

22. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

23. You will remain responsible for anything that happens through your account unless you have previously terminated your account, or you prove that your account security was compromised due to no fault of your own.

24. You will not permit others to use your PhotoCircle account, and you will refrain from using other Users’ accounts.

25. You will not impersonate another person, act as another entity without authorization, or create multiple accounts.

26. You will not submit or upload to PhotoCircle any information relating to an individual younger than 16 unless:

a) you are the parent or legal guardian of that child; or

b) you have obtained the verifiable consent of the parent or legal guardian of that child in accordance with the “Parental Consent” section of our Terms of Use.

27. Your Content does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors

28. Your Content does not violate any state or federal law designed to regulate electronic advertising.

29. Your Content does not contain pictures, data, audio, or visual files, or any other Media that is excessive in size, as determined by us in our sole discretion.

30. Your Content does not contain any material deemed illegal or inappropriate, and that you or your Content may be subject to remedial actions if found to violate these Terms

Conditioned upon your compliance with these terms, PhotoCircle grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Contributions to which you are permitted access. You have no right to sublicense the license rights granted in this section. You may not and will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit Services, except as expressly permitted in these terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PhotoCircle or its licensors, except for the licenses and rights expressly granted in these terms.

Further, you acknowledge that the Services, including all associated intellectual property rights, are the exclusive property of PhotoCircle and its licensors.