These terms and conditions ("Terms and Conditions") are made between NEXTOUCH INC, 475 S GRAND CENTRAL PKWY LAS VEGAS, NV ("we", "us", "our"), and users who (i) use our website in its entirety, including all of our subpages, associated sites or pages ("Website") and/or the PicU mobile or web app, which is accessible through browser on mobile phone, tablet computer and personal computer ("App") (collectively, "PicU"), (ii) download software for PicU ("PicU Software"), and/or (iii) use, access, or purchase in App products and services provided by PicU ("you", "User").
Please read the following Terms and Conditions carefully before using PicU.
By downloading the PicU Software or using, accessing, or purchasing products and services of PicU, you are acknowledging that you have read, understood, and agreed to be bound by the (i) Terms and Conditions, (ii) privacy policy, and (iv) any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer on PicU (collectively, "Agreement").
We reserve the right to modify, add to, change, or remove parts of the Agreement at any time at our own discretion ("Modifications").
If the Modifications include material changes to your rights or obligations, you will be notified at least 10 days in advance of the changes via (i) an email sent to the last email address you provided and (ii) a notice of such alterations posted on PicU. If, for any reason, an email sent by us to this email address does not reach you, the email sent will nonetheless be considered an effective notice of the changes being undertaken by PicU.
If the Modifications are not material, we will notify you by posting a notice of such alterations on PicU.
It is your responsibility to provide us with an up-to-date email address and to check from time to time for changes to the Agreement. Please be assured that we will provide clear notifications for any adjustments made to the Agreement. By continuing to use PicU following the dispatch of an email to you containing notice of changes to the Agreement, or after notice of such alterations was posted on PicU, your binding acceptance of these alterations is constituted, and agreement that such alterations shall automatically come into effect 10 days after our email giving notice to you was sent, or 10 days after notice of the changes was posted on PicU, is given.
Subject to the applicable law, PicU is not available to, and may not be used directly or indirectly by, any person who (i) is not at least 18 years old or older when explicitly required by applicable state laws (referred to as a "minor" hereafter), (ii) lacks the legal capacity to form a binding contract with us, (iii) is barred from using PicU, (iv) has been convicted of a felony or indictable offense, a sex crime, or any crime involving violence, or (v) does not comply with this Agreement, applicable laws, rules and regulations. In that case you are not authorized to create an account or access PicU in any way. No person of legal age may permit or encourage a minor to view or use PicU under any circumstances.
We, our subsidiaries, and affiliated companies, own all rights, titles, and interests in any inventions, ideas, discoveries, trade names, logos, domain names, concepts, processes, design methods, trade secrets, know-how, databases, computer programs, work products, and other intellectual property, including related intellectual property rights (including but not limited to patents, copyrights, trademarks, designs, any registration thereof and pending applications therefor), irrespective of their form and whether registerable or legally protectable relating to PicU and the PicU Software (collectively, "Materials").
Subject to the terms of the Agreement, we hereby grant you a worldwide, non-exclusive, royalty-bearing, revocable, non-transferable, non-sublicensable license to access and use the Materials for your personal, non-commercial use only ("License"). Subject to our express prior written consent, you may not access and use the Materials in any way other than as set out in the Agreement. In particular, and to the extent permitted by applicable law, you may not:
PicU's name, PicU's logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PicU or its affiliates or licensors. You must not use such marks without the prior written permission of PicU. All other names, logos, product and service names, designs, and slogans on the Website or contained in the Materials are the trademarks of their respective owners.
If you choose to use, purchase in App products and services provided by PicU, or register for an account with PicU, you confirm and warrant that (i) all the registration information you submit is truthful and accurate and (ii) you will keep this information accurate and up to date.
If you identify inaccuracies or incompleteness, we will act accordingly, rectify such errors and communicate the necessary updates to the relevant data recipients. Detailed information on this process can be found within our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials and for the security of your mobile or other electronic device and are fully responsible for all activities that occur under those credentials. You agree to notify us immediately of any unauthorized or suspected unauthorized use of your PicU account, or any other breach of security. You shall keep your login credentials (e.g. usernames and passwords) confidential and not disclose any such credentials to, or share any such credentials with, any third party.
You are solely responsible for your interactions between your profile and the profiles of other Users. You acknowledge that we do not conduct criminal background checks on our Users or otherwise inquire into the background of our Users.
To the extent permitted by applicable law, you agree that PicU is not liable for any loss or damage resulting from (i) your failure to comply with the above requirements and/or (ii) your interactions with other User profiles. Please note that we reserve the right (but have no obligation):
You agree that you will only use the Service, including the posting of any content through the Service, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws.
Subscriber Profile. You will create only one unique valid profile for use of the Service. You understand and agree that anyone may be able to view any information you choose to make publicly available.
Safety. The nature of the Service promotes the sharing of personal information by users with other users. PicU cannot and does not assure that it is safe for you to have direct contact with other users of the Service. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of the Service is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us so that we may take appropriate action to block further use of the Service by any user who is using the Service and information obtained from it for improper purposes.
Profile Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your profile, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Service (as defined in Section 6 below). You agree to immediately notify PicU if you suspect any unauthorized use of your username or password or any other breach of security. You acknowledge that PicU is not responsible for any loss or damage arising from the theft or misappropriation of your username or password.
Personal Use. You will only use the Service for your sole, personal use and not in connection with any commercial endeavors. You will not (a) authorize others to use the Service on your behalf and (b) authorize others to use your profile on their own behalf or (c) otherwise attempt to transfer your right to use the Service to any other person or entity.
No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Service and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Service in order to contact, advertise to, solicit or sell to any user without their prior explicit consent. You must not purchase, sublicense, grant, gift or otherwise alienate your rights to the Service in whole or in part and receive the Service or any rights to the Services in whole or in part from other users as a reward, payment, remuneration, settlement, salary or another fee unless it is directly contemplated hereby.
User Conduct. PicU is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Service. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
If you wish to report any violation of this Agreement by others, including Members, you may do so by using a specific link on the Service or by contacting us at contactus@pic-u.com.
You are solely responsible for the content and information that you provide, publish, transmit, translate, display whether real-time or pre-recorded (created in advance) or otherwise communicate to PicU through the Service or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links, records, audio-visual works or other materials posted through chat messages, video messages, community pages, email messages, mobile messages, any other types of live or recorded messages, photos, profile information or otherwise communicated to us or other users (your submissions and those of other users, collectively, are “User Content”). PicU does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is PicU liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. From time to time we may issue and amend some additional rules and polices as to regulate manner in which you can create and use the User Content within the Service.
You will not post any inaccurate, misleading, incomplete or false information or User Content to PicU or to any other user. You may be required to supply certain information and post a photo of yourself to use the Service.
Although you understand and acknowledge that PicU has no duty to prescreen, review, control, monitor or edit the User Content and is not liable for User Content that is provided by others, you agree that PicU may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Service at your sole cost and expense. This includes PicU’s right to modify, crop or edit any photos you submit to comply with PicU’s policies, practices and procedures.
PicU claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Service or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to PicU, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute (including but not limited to, with marketing, advertising or other commercial purposes) such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by PicU will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement.
By posting User Content, you hereby release PicU and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Service may have copyright protection whether or not it is identified as being copyrighted.
To ensure that User Submissions fully comply with applicable laws and regulations, principles, guidelines and this Agreement, we use a combination of automated systems to monitor and review pictures from chat conversations in order to develop and improve PicU. You hereby grant us access and all rights to simultaneously train and use well-established computer algorithms and machine learning techniques for the purposes of enhancing user overall safety and blurring pictures that could contain explicit content in order to prevent non-consensual viewing of unwanted explicit content in chat conversations. You have the capability to view the blurred picture in chat conversations upon clicking on it, thereby ensuring an experience that is secure, controlled and consensual.
If you provide any feedback, suggestions, or review to us about PicU (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
We and our licensees may publicly display advertisements and other information adjacent to your User Submissions and Feedback. You are not entitled to any compensation for such advertisements.
You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other PicU policy governing your use of the Service (“Prohibited Content”). We are entitled to amend, supplement or otherwise change the Prohibited Content listed below in any time, including, by issuing additional relevant rules and policies. The Prohibited Content includes without limitation User Content that:
You should be aware of the following details regarding PicU subscriptions and our recurring payments policy:
To access and utilize all the features offered by PicU, you need to activate a subscription. Before billing your selected subscription and/or individual service, we will always provide explicit information about the final prices and duration of the subscription. Please note that we may grant certain users a free subscription based on our discretion and specific internal criteria.
After the initial subscription period and subsequent periods, your subscription will automatically renew for an equivalent additional period.
All payments made to us are final, and charges are non-refundable.
Occasionally, we may offer special discounts. The terms of each offer will be described on the respective payment page. However, please be aware that terms, discounts, and offers are subject to change or cancellation at any time without prior notice.
With an active subscription, a promotional price may be valid for a limited time or indefinitely. If you obtain a promotional price with an active subscription, please note that the price will revert to the standard price once you unsubscribe.
If you have set up recurring billing, you can cancel your subscription at any time. To cancel your subscription, you can follow the procedure to turn off auto-renewal in your personal account settings within the mobile app under the "Subscription Management" section. Alternatively, you can click the cancellation link in the subscription menu on the web app. It's important to note that subscriptions can only be canceled on the same platform where they were purchased. Cancellations will take effect from the following billing period in which payment is due. Please be aware that no refunds will be provided for any payment amount, even if payment was made for multiple billing periods. Deleting the app or your account alone is not sufficient to cancel the subscription.
You will maintain the same access for any billing period(s) for which you have already paid. However, if your User Submissions or your conduct within PicU violates the Agreement, your access and account may be immediately terminated, and all payments will be forfeited.
In addition to subscriptions, PicU offers special features available as in-app purchases. These purchases grant users a worldwide, non-exclusive, royalty-bearing, revocable, limited, non-transferable, non-sublicensable, and personal license to use virtual titles, gifts, coins, or any other units provided by PicU within the app (referred to as "Virtual Goods"). Each user can view their Virtual Goods balance in their profile settings, which measures the extent of the user's license but does not represent stored value or a real-world balance. Please note that the purchased license for Virtual Goods is revocable, and PicU may terminate the license when an account is terminated or closed according to the provisions of the Agreement. Purchased Virtual Goods are non-refundable, and PicU is not obligated to refund or provide compensation for any reason, whether in the virtual or physical world. Furthermore, PicU reserves the right to modify, eliminate, control, regulate, manage, and adjust the price of Virtual Goods at its sole discretion and at any time.
Your rights regarding payment policy and refunds, when purchases of subscriptions and Virtual Goods are handled by Apple or Google, can be found in the payment policies of PicU's application providers:
In order to exercise any of the rights regarding the subscriptions, payments and refunds via our Website, please contact us by email at contactus@pic-u.com.
We may include links to other web sites or services (“Third Party Websites”). We do not endorse any such linked sites or the information, material, products, or services contained on such linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties regarding the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at your own risk.
WE (AND ANY THIRD PARTY PROVIDER OF SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH PicU) PROVIDE PicU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY PROPRIETARY RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND PARTNERS DO NOT WARRANT OR REPRESENT THAT:
PicU DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PicU. UNDER NO CIRCUMSTANCES WILL PicU BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PicU, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PicU, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PicU’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL PicU’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR ANY PAID SERVICE PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PicU BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Applicable law in your state may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that [] liability will be limited to the extent permitted by applicable law in your state.
You acknowledge that we may release updated versions of PicU at any time we deem appropriate, adding new features or enhancements or removing features. You consent to automatic upgrades on your mobile device and agree that the terms and conditions of the Agreement will apply to all such upgrades. You agree that we will not be liable to you for any such modifications.
If we believe in good faith that you have violated any of the terms and conditions of the Agreement or any applicable law, we may terminate any account you have with PicU or your use of PicU or any component thereof and remove and discard all or any part of your account or any of your User Submissions, at any time and at our discretion, and any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies NEXTOUCH INC may have at law or in equity. You agree that any termination of your access to PicU or any account you may have on PicU, or component thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination.
If you believe that revoking your license, any authorization to access and/or use PicU and terminating your account for failure to comply with our rules on minimum required user age per terms of this Agreement is unjustifiable, please contact us by email at contactus@pic-u.com or use available in App mechanism to directly appeal the decision. You will have to verify your age and compliance with terms of our Agreement by providing us with a Photographic image of you and your form of identification that can confirm the date of your birth.
You agree to defend, indemnify and hold PicU, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Service, including any data or content transmitted or received by you, or your inability to use the Service; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Service or other users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.
A. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without giving effect to any principles of conflicts of law.
B. Jurisdiction. Nothing in this agreement shall prevent NEXTOUCH INC from seeking injunctive relief in a court of competent jurisdiction.
C. Arbitration, Class Action Waiver, and Jury Trial Waiver.
a) Please read this Section carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration facilitates the efficient resolution of any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, negligence, or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this agreement that may arise (collectively, “Disputes”). Arbitration is a form of private Dispute resolution in which parties agree to submit their Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator will follow the process set forth herein and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
b) Pre-Arbitration Dispute Resolution. For all Disputes you must first give NEXTOUCH INC an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 475 S GRAND CENTRAL PKWY LAS VEGAS, NV. That written notification must include (1) your name and address, (2) your account profile information, (3) a written description of the Dispute, and (4) the specific relief you are requesting. If NEXTOUCH INC does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
c) Arbitration Procedures. If the Dispute is not resolved as provided above, either you or NEXTOUCH INC may initiate arbitration proceedings. The American Arbitration Association (“AAA”) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, not a class arbitration. All issues shall be for the arbitrator to decide. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This section governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. The Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to or for the benefit of any person who is not a party to the arbitration proceeding. The arbitrator shall make any award in writing and any award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. You may initiate arbitration in [New York, New York], via written submissions, in the federal judicial district that includes your address that you provide in your written notification of a Dispute, or in another location mutually agreed to by the parties.
f) Payment of Arbitration Fees and Costs. Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), NEXTOUCH INC will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if the arbitrator concludes that you are the prevailing party in an arbitration, you will be entitled to recover from NEXTOUCH INC your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g) Class Action Waiver. The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class (such as a class action, representative action, or consolidated action) unless both you and NEXTOUCH INC specifically agree in writing to do so following initiation of the arbitration. You cannot be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h) Waiver of Right to Trial. You acknowledge and agree that, by entering into this agreement, you and NEXTOUCH INC are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Section, you and NEXTOUCH INC might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You are waiving those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. In general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability, Waiver. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this agreement.
j) Notices. NEXTOUCH INC may provide you with notices, including those regarding changes to this agreement, by email, regular mail or postings on SHEBA.
k) Assignment. This agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by NEXTOUCH INC without restriction.
l) Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, arbitration, and indemnification hereby survive any termination of this agreement or any termination of your use of or subscription to SHEBA.
m) Headings; Entire agreement. The heading references herein are for convenience purposes only, do not constitute a part of this agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this agreement or Guidelines made by NEXTOUCH INC as set forth above.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to the Agreement made by us as set forth in subsequent versions of the Agreement.
If any provision of the Agreement shall be partially or fully invalid or for any reason unenforceable, the validity of the other provisions of the Agreement shall not be affected thereby. The invalid or unenforceable provision shall be replaced by a provision that economically best achieves the objectives of the parties.
A provision of the Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right later to enforce the same. A waiver of any breach of any provision of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Agreement.
Without our prior written consent, you are not allowed to assign or transfer all or any part of your rights and obligations under the Agreement. We are permitted to assign or transfer our rights and obligations under the Agreement in their entirety or in part.
Our Privacy Policy provides an in-depth explanation of your interactions with the PicU. To read this policy. Our Privacy Policy serves as a comprehensive guide to understanding how we collect, utilize, and safeguard your information. We highly recommend that you review and familiarize yourself with the Privacy Policy to gain a complete understanding of our data collection, utilization and security measures.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and are not listed on any US Government list of prohibited or restricted persons.
NEXTOUCH INC and you acknowledge that this agreement is concluded solely between NEXTOUCH INC and you, and not with Apple or Google. NEXTOUCH INC, not Apple or Google, is solely responsible for the PicU APP and its content. To the extent that this agreement provides usage rules for the PicU APP that are less restrictive than the Usage Rules set forth in the App Store Terms of Service, or if they are otherwise in conflict with those Usage Rules, the more restrictive terms of Apple or Google shall apply.
If you have any concerns or require any information regarding the PicU or PicU’s Terms and Conditions, please contact us by email at contactus@pic-u.com. Alternatively, you can write to: 475 S GRAND CENTRAL PKWY LAS VEGAS, NV.
Effective date: Sep 9th, 2024