PhotoCircle Acceptable Use Guidelines

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 Enterprise License users, who may use in accordance with the applicable Enterprise License Agreement). You may not transfer your access to others, or allow others to access the Services through your own access without PhotoCircle’s prior, express written permission. You may not create a user profile for anything other than a natural, human person. If you wish to use an account for commercial purposes, please contact PhotoCircle at support@photocircleapp.com to learn more about our enterprise options.

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, 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.

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.

These Terms are updated and effective as of July 28, 2023.