TERMS OF USE

PIC2GO LTD.TERMS OF USE PLEASE READ THESE TERMS OF US CAREFULLY BEFORE USING THE SERVICES OFFERD BY PIC2GO LTD.( PIC2GO .THESE TERMS OF USESET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEB SITE HTTP://WWW.PIC2GO.COM(THE SITE) OR AT HTTP://WWW.PIC2GO.COM AND THE PIC2GO CLIENT UPLOADER SOFTWARE THE SERVICES.FEATURES.CONTENT,APPLICATIONS OR WIDGET OFFERED BY PIC2GO (COLLECTIVELY WITH THE SITE.THE SERVICE).

Acceptances of terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”), which also incorporate Pic2Go’s Privacy Policy, Pic2Go’s Intellectual Property Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Pic2Go, each of which is incorporated by reference and each of which may be updated by Pic2Go from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Pic2Go from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who access the Site and the Service in order to download their pictures and businesses that access the Service in order to publish pictures, advertising material or any other material.

Access

Subject to these Terms of Use, Pic2Go may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party unless permitted explicitly by Pic2Go. Services shall include, but not be limited to, any services Pic2Go performs for you, any applications or widgets offered by Pic2Go that you download from the Site or from third party application stores authorized by Pic2Go, as well as the offering of any materials displayed or performed on or through the Services (including Pictures (as defined below)).

Usage and Eligibility

You may use the Site and the Service in order to get your pictures from your visits at venues and events. You may do so by providing your pictures info (e.g. – picture code, photography date etc.) and grant the required Facebook application permissions with your personal Facebook account. You shall not: Type pictures info for pictures that are not yours (unless explicitly permitted by photographed people) Grant the Service (i.e. – Facebook application) with permissions through a Facebook account which is not yours. Pic2Go reserves the right to refuse providing pictures , or cancel the Facebook application registration in its sole discretion. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Pic2Go may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited.

Pictures

All Pictures that are served through the Pic2Go Service are the sole responsibility of the photographer, business or event owners who took them and uploaded them to the service. Pic2Go cannot guarantee the quality of the Pictures. You acknowledge that all Pictures provided to you by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Pictures” includes, without limitation, any picture of you taken at the business or event, and picture provided to your by the business, event owner or photographer (including pictures of other people or scenery), any pictures including commercial or advertizing material, any location information, comments, information, data, text, graphics, and interactive features generated, provided, or otherwise made accessible Pic2Go on or through the Service. Content and Pictures added, created, uploaded, submitted, distributed, or posted to the Service by businesses, event owners and photographers are collectively referred to as, “Businesses Submissions.” Business Submissions – Service Warranty Business Submission (including submissions of customers/visitors pictures to the service) are the full responsibility of the business, event owners or photographers who manages the photography operation. Getting your pictures from business or events rely on prior Business Submissions (uploading your pictures to the service) and on photography quality. Pic2Go does not guarantee availability of Content or Pictures of you, even if you were photographed and instructed at the business or event that you will be able to get your pictures at a certain timeframe or at all. Business Submissions are the complete responsibility of the business, event owners or photographers. Identifying and providing your personal pictures is bound to both the business uploading your pictures to the service, and to Picture-Identification conditions (e.g. – photography distance, light conditions). It might happen that you cannot get your pictures through the service at all – in which case you might be able to contact the business, event owner or photographer to get your pictures through other means (e.g. – email) and in this case Pic2Go holds no responsibility or warranty to any damage or anguish caused to you. Businesses Registration and Eligibility. This section refers to business, event owners and photographers who use the Site and Service in order to provide their customers or event-attendees with their pictures. You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Pic2Go and represent, warrant and covenant that you provide Pic2Go with accurate, truthful, and complete registration information (including, but not limited to your name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Pic2Go

You shall not

provide any false personal and/or business information to Pic2Go (including a false User Name) or create any account for anyone other than yourself or the organization you represent without permission; use a User Name that is the name of another person with the intent to impersonate that person; use a User Name that is subject to any rights of a person other than you without appropriate authorization; or use a User Name that is a name that is otherwise offensive, vulgar or obscene. Pic2Go reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pic2Go password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Pic2Go in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. Pic2Go may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited. Businesses Submissions. By submitting Businesses Submissions on the Site or otherwise through the Service, you hereby do and shall grant Pic2Go a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Business Submissions in connection with the Site, the Service and Pic2Go’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service a right to access your Business Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Business Submissions. For clarity, the foregoing license grant to Pic2Go does not affect your other ownership or license rights in your Business Submission(s), including the right to grant additional licenses to the material in your Business Submission(s), unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the business or individual from which such Content originated; that Pic2Go will not be liable for any errors or omissions in any Content; and that Pic2Go cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. When you delete your Business Submissions, they will be removed from the Service. However, you understand that any removed Business Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others).

Rules and conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Pic2Go in its sole discretion; impersonates any person or entity, including any employee or representative of Pic2Go; or includes anyone’s identification details or sensitive financial information. Pic2Go has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography. You shall not: (i) take any action that imposes or may impose (as determined by Pic2Go in its sole discretion) an unreasonable or disproportionately large load on Pic2Go’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Pic2Go may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Pic2Go’s guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Pic2Go does not guarantee that any Content or Businesses Submissions (as defined below) will be made available on the Site or through the Service. Pic2Go has no obligation to monitor the Site, Service, Content, or User Submissions. However, Pic2Go reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any Business Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Pic2Go is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Business Submissions from the Service. Pic2Go also reserves the right to access, read, preserve, and disclose any information as Pic2Go reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pic2Go, its users and the public.

Third party sites and services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Pic2Go’s control, and you acknowledge that Pic2Go is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Pic2Go or any association with its operators. You further acknowledge and agree that Pic2Go shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Termination

Pic2Go may terminate your access to all or any part of the Serviceat any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Pic2Go has no special relationship with or fiduciary duty to you. You acknowledge that Pic2Go has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pic2Go from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, pictures that some people may find offensive or inappropriate. Pic2Go makes no representations concerning any Content contained in or accessed through the Service, and Pic2Go will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. THE SERVICE CONTENT AND PICTURES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PIC2GO, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18 USC 2701-2711): PIC2GO MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE. Pic2Go will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Pic2Go’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Pic2Go, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your Business Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Pic2Go reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pic2Go in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL PIC2GO, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE OR THE BUSINESS SUBMITTIONS FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Pic2Go agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Integration and Severability. These Terms of Use are the entire agreement between you and Pic2Go with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pic2Go with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of terms of Use

Pic2Go reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Pic2Go may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

Pic2Go shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pic2Go’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Pic2Go’s prior written consent. Pic2Go may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.