This End User License Agreement shall manage your use of the Software. This Agreement will be applied fully and affect to your use of this Software. By using this Service, you agreed to accept all terms written in here. You must not use this Service if you disagree with any of this End User License Agreement.
Please read this End User License Agreement carefully. Your access to and use of the Software is conditioned on your acceptance of and compliance with this End User License Agreement. This Agreement is applied to all visitors, users and others who access or use this Service. By using the Service in any manner you agree to be bound by this Agreement without modification.
This Agreement entitles you to install and use copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Software Product. This agreement does not permit the installation or use of multiple copies of the Software, or the installation of the Software Product on more than one domain. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.You hereinafter agree that this license entitles you to edit, modify or delete the Software Product.
Without first obtaining the express written consent, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to Software Product.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this Agreement. The user acknowledges and agrees that Services and the product provided and made available through our Service are the sole property of PictusCode. At its discretion, PictusCode may offer additional Service or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. PictusCode does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user and/or member acknowledge, accept and agree that PictusCode shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges and agrees that the software is licensed to User and not sold.
PictusCode reserves the right, at its sole discretion, to modify or replace the Agreement. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Service following the posting of any changes to the Agreement will be subject to the new Agreement.
Other than the content you own, under this Agreement, the Product’s owner and/or its licensors own all the intellectual property rights and materials contained in our products.
You agree to be granted a limited license.
As a condition of your use of the Site, you warrant to The PictusCode that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The PictusCode or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The PictusCode and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The PictusCode or our licensors except as expressly authorized by this Agreement.
The Service and the product is available only to individuals who are at least thirteen (18) years old. You represent and warrant that if you are an individual, you are (i) at least eighteen (18) years old or (ii) if you are between the ages of thirteen (13) and eighteen (18), you have parental permission to enter into an agreement to accept this Agreement and to use the Service.
You are specifically restricted from all of the following
selling, sub-licensing and/or otherwise commercializing any rights of this EULA or software product to third parties without prior approval of the Service;
publicly performing and/or showing any software product;
using this Service in any way that is or may be damaging to this Service;
using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
using this Service to engage in any advertising or marketing.
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the and not interfere with the use and enjoyment of the by other users or with the operation and management. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the PictusCode reserves the right to terminate your access and use of the Service. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Service, or defame or otherwise harm any party through your use of the Service.
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
REFUNDS WILL NOT BE PROVIDED. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SERVICE OR PRODUCT USAGE. In such circumstance, you will continue to have access to your Software until the end of this Agreement.
PictusCode does its best to ensure that all information on the Service is accurate. If you find any inaccurate information on the Service please let PictusCode know by sending an email to info@pictuscode.com and we will correct it, where we agree, as soon as practicable.
PictusCode gives no warranty or assurance about the content of the . As the Service is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While PictusCode makes every effort to ensure that the content of the Service is accurate, PictusCode cannot accept liability for the accuracy of all the content at any given point in time.
PictusCode makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Service will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Neither PictusCode nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Service or information, content or materials included on the Service.
In no event shall PictusCode or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;
loss of actual or anticipated profits (including loss of profits on contracts);
loss of revenue;
loss of business;
loss of opportunity;
loss of anticipated savings;
loss of good will;
loss of reputation;
loss or damage to or corruption of data;
loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
The Service provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Service. PictusCode takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked sites. PictusCode is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such Services, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its Service administrator or web master.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Service.
The information on the Service is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
If you make an arrangement with anyone named in or connected with the Service this is at your sole risk.
Nothing in this Agreement excludes or limits PictusCode's liability for:
death or personal injury caused by PictusCode's negligence; or
fraud or fraudulent misrepresentation; or
the tort of deceit; or
any other liability which may not be limited or excluded by law.
As a member of the PictusCode Service, you may cancel or terminate your access, associated email address and/or access to our Services by submitting a cancellation or termination request to info@pictuscode.com 60 days prior to termination date.
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our Agreement or any other incorporated agreement, regulation and/or guideline;
by way of request from law enforcement or any other governmental agencies;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
any engagement by you in any fraudulent or illegal activities
the nonpayment of any associated fees that may be owed by you in connection with your PictusCode account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of this agreement.
The termination of the agreement with PictusCode shall include any and/or all of the following:
the removal of any access to all or part of the Services offered within PictusCode;
the barring of any further use of all or part of our Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PictusCode as a result of this agreement or use of the Site. The PictusCode's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The PictusCode's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The PictusCode with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PictusCode with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PictusCode with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Service is controlled, operated and administered by PictusCode from our offices within India. If you access the Service from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use The PictusCode accessed through PictusCode’s web site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The PictusCode, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The PictusCode reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PictusCode in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning this End User License Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this End User License Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to this End User License Agreement or any disputes arising as a result of this End User License Agreement, whether directly or indirectly, including Tort claims that are a result of this End User License Agreement.
Any arbitration under this End User License Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PictusCode agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PICTUSCODE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PICTUSCODE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PICTUSCODE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PICTUSCODE ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.
PICTUSCODE USES TASKRABBIT CLONE SCRIPT, UBER CLONE SCRIPT, AIRBNB CLONE SCRIPT ONLY FOR MARKETING PURPOSES ONLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PICTUSCODE. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AGREEMENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AGREEMENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PICTUSCODE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AGREEMENT, OR WITH ANY OF THIS AGREEMENT OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE AGREEMENT.
PictusCode welcomes your questions or comments regarding the Agreement: Email:info@pictuscode.com