Terms of Service
Release Date: 14/7/2026
Effective Date: [ 29/7/2026]
The following Terms of Service (the “Agreement”) create a legally valid binding contract between yourself and Picshub Development Team (“we”, “us”, or “our”). We suggest users examine the respective legal rights allocated to each contracting party prior to utilizing our mobile software applicationPicshub (the “App”/“Software”) and related services (the “Services”).
once you access, view or use the App, we consider you to consent the terms and conditions described in this AGREEMENT. If you do not agree with this AGREEMENT, please stop using the App immediately.
Arbitration Provision Notice: This Agreement contains legally valid and binding arbitration clauses. Both contracting parties acknowledge and agree that all disputes arising from or connected with the interpretation, performance and termination of this Agreement shall be settled through mandatory arbitration, save for exceptions explicitly stipulated by applicable laws. Both parties hereby waive their statutory rights to participate in class action litigation and collective arbitration proceedings.
1. Minimum Age Requirements
To build a safe online community, users under 18 years old, or those who have not reached the legal age of majority under local laws of your residence (“Legal Adult Age”), are prohibited from accessing, using or uploading any content to this App.
We reserve full rights to suspend, permanently ban your account and delete all your published content if we confirm you fail to meet the Legal Adult Age standard.
We may launch age verification procedures at any time, including requesting official identity documents, cooperating with third-party age check service providers, or verifying identity data bound to your payment accounts. If we suspect you submitted false age information, we will temporarily freeze your account until you provide valid age proof. Failure to submit qualified verification materials within a reasonable period will result in permanent account closure and full deletion of your relevant data and content.
If you disagree with our age-related judgment and believe your account restriction or content deletion is improper, submit an appeal to our customer support via the contact channel at [apple@picshubeditor.com].
2. Your User Account
You must complete user registration to create a personal account (“Account”) to access core App functions. You can only register a valid Account if all three conditions below are met simultaneously: (a) You are at least 18 years old or have reached the Legal Adult Age under local laws; (b) You have no prior sexual offense criminal records under local penal codes; (c) Local regulatory laws grant you full legal qualification to use this App.
You must take all reasonable security steps to keep your account password confidential and never share login information with any third party. If you discover or suspect unauthorized account access or password leakage, notify us promptly. You cannot authorize others to log into your Account, nor transfer account ownership to any third party without our prior written approval.
We reserve the right to revoke, reclaim and/or reassign your Account username under certain circumstances, including without limitation where we ban your account, or where we reasonably determine that your username violates these Terms of Service, the User Content Guidelines or any other applicable terms, conditions or policies, and/or interferes with or infringes upon the legal rights of other users.
3. Scope of App Usage License
3.1 We grant you a limited, personal, revocable, non-transferable, non-exclusive license to use the App. Without a separate signed written contract, you may only install, launch and run the App and supporting services on your personal mobile phones, tablets and portable devices for private non-commercial use.
3.2 The following behaviors are strictly prohibited during App usage:
(a) Do not copy, bulk download, distribute, broadcast, resell, modify or commercially exploit any part of the App and platform services, except two situations:
• as expressly authorized by the Service; or
• You obtain prior written approval from us and relevant intellectual property owners (if applicable).
Without prejudice to the foregoing, you are strictly prohibited from unauthorized collection, dissemination, commercial exploitation or any improper processing of content containing minors’ portraits, likenesses, voices or other personal data. Any use of minor-related content is subject to mandatory compliance with applicable global child protection laws including GDPR and COPPA, and requires valid verifiable consent from the minor’s legal guardian.
(b) Do not develop derivative software based on the App’s source code, interface layout and functional modules, nor conduct any commercial exploitation of the Software in whole or in part;
(c) All App usage activities must comply with all applicable domestic and international laws and regulatory provisions;
(d) Do not engage in acts damaging network cybersecurity, such as unauthorized access to data and accounts, server intrusion, vulnerability scanning, virus transmission and falsification of network data;
(e) Do not use the App in a way that causes system crashes, service interruptions, server overload and service quality degradation, or interfere with stable platform operation;
(f) You expressly understand and agree that any content generated by you using the AI Features of the Software is for your personal learning purposes only. Without our prior written consent, such content shall not be used for any commercial purpose or use, including but not limited to any commercial, promotional, advertising or marketing purposes, nor shall them be disclosed, made available, redistributed or transmitted to third parties by yourself or through others in any manner.
All intellectual property rights not explicitly licensed to you herein belong fully to us. This usage license will automatically terminate once you violate any restrictive provisions above, and we reserve the unilateral right to revoke this license at any time at our sole discretion.
4. Your User Content
4.1 Your Content includes any content you create, import, upload, send, publish, generate, receive or store through the Software or Services (including any content generated by the artificial intelligence features we may provide, if applicable), including without limitation photos, videos, texts, profile avatars, audio recordings and other related materials (collectively referred to as “Your Content”). Except for content owned by us or our licensors and unless expressly stated otherwise, you retain ownership of Your Content. Given that content generated by artificial intelligence may not be unique to a specific user, your ownership of such AI-generated content does not extend to other users’AI-generated content.
4.2 You hereby represent and warrant that:
(a)You have and will continue to hold all full and legal rights to Your Content, or have obtained all necessary authorizations thereto, including but not limited to copyright, rights related to portrait, privacy, publicity and trademark;
(b)If Your Content contains any third party (including but not limited to individuals in group photos, background figures, photographers, music rights holders, or font rights holders), that third party or its guardian (if required by law) has consented to or authorized you to use their likeness and other elements (including, but not limited to, facial or physical features, clothing, accessories, hairstyle or any other styling, physique, appearance, voice, name, performance, and other aspects of identity) and to sublicense us to use the aforementioned elements and exercise other rights set forth in this Agreement;
(c)Your Content does not misappropriate, infringe or otherwise violate any confidential information, trade secrets, right of privacy, right of publicity, proprietary rights, intellectual property rights or any other rights of any third party, nor does it defame, commercially disparage or slander any third party;
(d)Your Content does not contain any materials that violate this Agreement, the User Content Guidelines, the provisions set forth in CHILD SAFETY STANDARDS POLICY or any other applicable terms, conditions or policies of the Software;
(e)Your Content complies with all applicable laws and regulations in the jurisdiction where you reside;
(f)Your Content is authentic and accurately reflects your true identity, appearance, and experience. You have not used artificial intelligence tools, deepfake technology, or excessive editing to create, fabricate, or misrepresent your image, identity, or experience in a misleading manner; and
(g)If Your Content is used for promotional purposes in the United States, you confirm that you are or were a genuine active user of the App, and Your Content truthfully reflects your actual experience. You agree that we may disclose any material connection between you and us, including any rewards or compensation you receive, in accordance with applicable laws including the FTC Endorsement Guides.
4.3 You are solely responsible for Your Content, whether it is posted publicly or sent privately. If you breach any of the above warranties, you agree to fully indemnify and hold us harmless from any claims, lawsuits, losses, or expenses we may incur.
4.4 We reserve the right to remove or restrict access to any content (including content you post publicly or privately) for any reason, such as when: (a) it violates this Agreement, the User Content Guidelines or other applicable terms and policies; (b) it may cause harm to or infringe upon the rights of our users, our affiliates or any other third parties; or (c) we are required or permitted to do so to comply with a legal requirement or court order, or are permitted to do so by law.
5. License Grant for Your Content
5.1 General License Grant
5.1.1 By creating, inputting, publishing or otherwise making Your Content available on the Software, you grant us, our affiliates, each user of the App and our business partners a license to use Your Content, which is:
(a)Non-exclusive, perpetual, irrevocable and royalty-free;
(b)Transferable and sub-licensable, including multi-tier assignment and sub-licensing; and
(c)Worldwide in scope.
5.1.2 The foregoing license authorizes us to use Your Content for the following purposes and manners, without limitation:
(a)To reproduce, distribute, share, download, modify, adapt, technically process (including without limitation processing via artificial intelligence technologies, algorithms, model training and other AI tools) all or any part of Your Content, integrate Your Content with other materials, create derivative works based thereon (including without limitation translation, subtitle creation, production of promotional videos, posters and case displays), publicly perform and publicly communicate Your Content to the general public;
(b)To exercise your right of publicity and other personality rights in connection with the commercial use of Your Content, including the use of your name, portrait, likeness, voice, and biographical information in promotional and advertising materials worldwide;
(c)To help us, our service providers, and business partners operate and improve Services and develop new technologies and Services (including training, testing, and improving our machine learning models and algorithms); and
(d)To conduct marketing, promotion, advertising and brand building activities for this Service and our affiliated products and services, including without limitation the use of Your Content on social media platforms (such as Meta, Instagram, TikTok, Snapchat), application stores (such as Apple App Store, Google Play), official websites, offline events and other third-party cooperative channels.
5.2 License to Use Your Name, Avatar and Activity Information for Commercial Content
You grant us the right to use your name, profile avatar and information relating to your activities on the Software next to or in connection with advertisements, promotional offers and other sponsored or commercial content that we display across the Software, without any compensation to you. For example, we may display to your friends or other users that you have shown interest in a specific commercial activity, or that you have liked, commented on or participated in a commercial campaign.
5.3 Commercial Use Disclosure
IMPORTANT NOTICE: Your Content, including your photos, videos, profile avatar, username and activity information, may be used by us for the commercial promotion and marketing of the Software and our affiliated products and services worldwide. Such use may involve the public display of your portrait, likeness, voice, name, personal characteristics and use experience, and may be integrated with other materials to create promotional videos, advertising posters, case studies, success stories and other marketing content.
By uploading Your Content or otherwise making it available on the Software, you expressly acknowledge and agree that:
(a) You have read, understood and accept the commercial use scope described in this Section 5.3;
(b) You grant us the right to use Your Content for the commercial promotion and marketing purposes described above, on a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable basis;
(c) You understand that this authorization survives the termination or deactivation of your Account and the deletion of Your Content, to the extent that promotional materials incorporating Your Content have already been created, published or committed for production prior to such termination, deactivation or deletion.
If you do not wish to grant the above commercial use authorization, you may opt out by: (i) not uploading any content containing your portrait, likeness or voice to the Software; or (ii) contacting us at [ apple@picshubeditor.com] to request restriction of your content from commercial promotional use. Please note that opting out will not affect promotional materials already created or published prior to our receipt and processing of your request, and opting out will not affect your ability to use other features of the Software.
5.4 FTC Endorsement Compliance
If Your Content is used for marketing, promotion or advertising activities targeting or accessible to users in the United States, you understand and agree to the following, which are designed to ensure compliance with the U.S. Federal Trade Commission ("FTC") Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255) (the “FTC Endorsement Guides”), as may be amended from time to time:
(a) You confirm that you are, or were at the time the relevant promotional materials were created, a genuine and active user of the Software, and that Your Content truthfully reflects your actual experience of using the Software;
(b) You agree that we may, and you authorize us to, disclose in any promotional materials the material connection between you and us, including but not limited to labels such as "Real User", "Paid Promotion", "Sponsored", "#ad", "Paid Partnership" or any similar disclosure as may be required by applicable laws or platform policies;
(c) If you have received, or will receive, any incentive, reward or compensation (including but not limited to membership upgrades, virtual currency, cash payments, gifts, discounts or other benefits) in connection with being featured in our promotional activities, you agree that we may disclose such material connection in the relevant promotional materials;
(d) You shall not request, demand or require us to make any false, misleading or unsubstantiated claims in promotional materials incorporating Your Content, or to conceal any material connection between you and us;
(e) You agree that we may, where reasonably necessary to respond to an inquiry, investigation or enforcement action by the FTC or any other competent regulatory authority, disclose records relating to your use of the Software and your Content to demonstrate the authenticity of any endorsement;
(f) If you cease to be an active user of the Software, or if your use experience materially changes such that Your Content no longer accurately reflects your current experience, you shall promptly notify us. Upon receiving such notification, we will evaluate whether to continue using Your Content in promotional materials and may, at our discretion, phase out or discontinue such use on a prospective basis.
5.5 Biometric Information Processing
You understand and agree that photos and videos you upload to the Software may contain biometric identifiers or biometric information (collectively, "Biometric Information") as defined under applicable laws. By uploading content containing your facial images or other Biometric Information, you expressly acknowledge and agree that:
(a) We have provided you with written notice, through this Agreement and our Privacy Policy, that we may collect, capture, store and use your Biometric Information for the purposes described herein, and that such Biometric Information will be stored for the duration set forth in our Privacy Policy;
(b) You provide your express written consent, through your affirmative click-wrap acceptance of this Agreement, to our collection, storage, use and processing of your Biometric Information for the purposes set forth in this Agreement and our Privacy Policy; and
(c) We do not, and will not, sell, lease, trade, or otherwise profit from the disclosure of your Biometric Information to any third party. Your Biometric Information will not be disclosed or disseminated except: (i) with your consent; (ii) as necessary to provide the Service and complete the financial transaction requested by you; (iii) as required by applicable law or court order; or (iv) as otherwise permitted under applicable biometric privacy laws.
A detailed description of our Biometric Information retention policy and destruction schedule is set forth in our Privacy Policy.
5.6 Irrevocability of License
You understand and agree that the license granted under Section 5.1 is irrevocable. Given that promotional materials, once created and published, may not be fully withdrawable, and we may have invested substantial resources (including but not limited to design, production, media placement, and contractual obligations) based on Your Content, this license shall remain irrevocable. Even if you delete Your Content, deactivate your account, or terminate your use of the Service, promotional materials and derivative works that have already been created and published may continue to be used for a reasonable period, and such use shall not constitute any infringement of your rights. Notwithstanding the foregoing, if you are a resident of the European Union or other jurisdictions with similar laws or regulations, you have the right to request deletion of your personal data under the General Data Protection Regulation (GDPR) Article 17 or other applicable laws, as described in Section 5.7 thereof. Upon receipt of such request, we will assess the conflict between your request and the irrevocable license, and will endeavour to restrict further use of Your Content to the extent permitted by law. However, such deletion request shall not affect the continued use of promotional materials and derivative works that have already been created and published.
5.7 Withdrawal of Personal Data
If Your Content contains your portrait, likeness, voice or other identifiable personal data protected by the GDPR, California Consumer Privacy Act (CCPA) and applicable data protection laws, you may withdraw your personal data processing authorization at any time with prospective effect only.
You acknowledge that we may devote substantial resources, including but not limited to design, production, media placement and performance of relevant contractual obligations, to develop and publish promotional materials and derivative works based on Your Content. Full recall or withdrawal of such disseminated materials is often not feasible. Accordingly, any withdrawal of authorization, account deactivation, service termination or deletion of Your Content shall not affect our lawful, unrestricted and royalty-free continued use of all promotional materials and derivative works created and published prior to such action. If Your Content is incorporated into content independently posted by other users before the aforesaid action, such publicly available content may remain accessible, and our related continued use shall not constitute any infringement of your legal rights.
6. User Personal Data Protection
All detailed rules governing our collection, utilization, third-party sharing and storage of your personal identifiable information are specified in our independent Privacy Policy. You irrevocably consent to all personal data processing activities we conduct in strict accordance with the terms of the Privacy Policy.
We attach high priority to protecting minor users’ safety and privacy, and have formulated a dedicated supplementary policy [CHILD SAFETY STANDARDS POLICY]. You can view the full text of this policy via the designated link: [ https://osscdn.picshubeditor.com/Picshub_en/1784010408250.html]
7. Our Intellectual Property Rights
Unless otherwise clearly agreed in this Agreement, all texts, images, UI layouts, trademarks, brand logos, audio materials, illustrations and other intellectual property assets displayed within the App are fully owned, controlled or lawfully licensed by us, and protected by global copyright, trademark and intellectual property statutes.
You acknowledge and agree that we hold all complete, enforceable proprietary rights over the App platform, including all intellectual property rights embedded in the Software and matching supporting platform Services.
Without a separate bilateral written contract, this Terms of Service does not grant you any license to use our platform intellectual property content, App trade name, service marks, official logos, domain names and other exclusive brand identifiers owned by us.
8. Premium Paid Services
8.1 Partial functional modules of the Software are chargeable premium services (“Premium Services”). After full payment of corresponding service fees, you obtain full access rights to such Premium Services within your valid subscription cycle. The platform may launch new paid functional modules in subsequent App version updates.
If you already subscribed the Premium Services during the period the further Premium Services is updated, you will be able to use the further Premium Services during the subscription period without extra charge, provided that you update the Software as may be required to use the further Premium Services.
8.2 Before purchasing any Premium Services subscription plan, you must read and acknowledge all pricing standards and payment processes of paid platform functions. After evaluating operating costs, product development strategies and other comprehensive business factors, we reserve independent rights to adjust subscription terms within legal limits, including promotional discounts and standard price adjustments. If Premium Services pricing rules are revised when you initiate a new purchase or subscription renewal, the real-time prices displayed on the App interface shall prevail. Your voluntary payment behavior to activate Premium Services serves as full confirmation that you have fully read and acknowledged all relevant pricing and payment rules.
8.3 All Premium Services support payment via official checkout channels displayed before order submission, including Apple Pay and other authorized third-party payment service providers we cooperate with from time to time. You agree to abide by all binding service terms and legal agreements formulated by Apple Inc. or any third-party payment vendors you select for payment processing.
8.4 You acknowledge and confirm that Premium Services are virtual digital online commodities adopting a prepayment service mode: subscription fees constitute full consideration for purchased virtual products, and shall not be deemed security deposits, stored-value funds or other types of advance prepayments. After successful purchase, Premium Services are non-transferable and generally non-refundable, subject to limited exceptions: serious platform functional defects rendering paid services completely unavailable; statutory refund obligations stipulated by local applicable laws; separate refund clauses recorded in this Agreement; or formal refund approval issued by us after you submit a service support ticket. If you disagree with Premium Services rules, you may stop using all paid functions or refuse subscription renewal upon expiration.
8.5 Automatic Subscription Renewal
8.5.1 The automatic renewal function is designed to avoid accidental service expiration caused by user oversight. If you enable automatic renewal for your Premium Services subscription, Apple or authorized third-party payment channels will deduct the subscription fee of the next billing cycle one calendar day prior to your current subscription expiry date, following the official deduction rules of the payment service provider.
8.5.2 The automatic deduction date is one day before your Premium Services subscription expires. Upon successful fee deduction, the App will immediately activate full access permissions for the subsequent billing cycle. If your bound payment account has insufficient balance to cover the upcoming subscription fee, automatic renewal will fail, and all losses and risks resulting from expired paid services due to insufficient funds shall be solely borne by you.
8.5.3 Automatic recurring deductions remain effective persistently unless you manually opt out of the auto-renewal function. Apple or third-party payment providers may send advance reminder emails or in-app notifications before each scheduled deduction. To disable automatic renewal, you must turn off the auto-renew switch in iTunes / Apple ID account settings at least twenty-four (24) hours prior to the scheduled deduction date.
8.5.4 If you hold a valid trial subscription and fail to disable auto-renewal in iTunes before trial expiration, your formal paid subscription will activate automatically after the trial period ends, with corresponding fees deducted via Apple or authorized third-party payment channels. If you purchase a formal Premium Services subscription during an ongoing trial period, all unused remaining trial duration will be invalidated immediately after payment confirmation.
9. Limitation of Liability
9.1 Each user shall bear sole legal responsibility for all content published and all modes of App utilization undertaken by themselves. We shall not incur any legal liability for any acts or omissions committed by other platform users, whether such conduct occurs inside or outside the App’s operational ecosystem. We furnish no express or implied warranty regarding the accuracy, completeness, suitability and quality of all user-submitted content published and shared on the App, including materials that users may deem offensive, obscene, pornographic, illegal or otherwise inappropriate. You acknowledge and stipulate that we bear no statutory obligation to pre-screen, continuously monitor, manually audit or preliminarily edit all content submitted by you and other users.
9.2 You recognize and consent that multiple inherent operational risks may disrupt normal App functionality, including temporary service interruptions, delayed user request response times caused by force majeure events, mobile device malware infections, malicious hacker intrusions, system instability, user geographic network restrictions, device power outages and other communication infrastructure failures. We shall not be liable for any damages and economic losses arising from the foregoing risk scenarios.
9.3 Any unofficial, unauthorized modified build or derivative software variant of the App developed without our official written approval constitutes illegal unlicensed software. Downloading, installing and utilizing such unauthorized App iterations may generate unforeseeable legal and operational risks, for which we shall assume zero liability.
9.4 You acknowledge and understand that all content generated by your use of the AI Features of the Software is generated by artificial intelligence models, and that we do not guarantee the accuracy, completeness or functionality of such content, and that such content does not represent our attitudes or opinions. Such content is derived from the accumulation of information permitted by the applicable law and regulation, including but not limited to the open internet, and have been continuously filtered the sensitive data by automatic and manual means. However, it is still not ruled out that some of the information may be flawed, unreasonable or offensive. If you have encountered this situation, we welcome and appreciate your feedback at any time.
9.5 The App integrates access to third-party software, independent platforms and external supplementary services, including single sign-on login utilities and external social media platforms supporting cross-platform content sharing; the platform may also embed third-party functional modules and generative AI tools to deliver native artificial intelligence-powered features.
Your access and utilization of such external third-party applications and services shall be governed exclusively by the independent terms of service and privacy policies published by the corresponding third-party service providers, rather than this Terms of Service or our internal Privacy Policy. We make no representation, warranty or contractual commitment of any nature regarding service quality, user data security, operational stability and content integrity of any third-party external tools you elect to utilize in conjunction with our App.
9.6 Within the maximum permissible scope established by all applicable local legislation, we reserve all additional legal disclaimers not enumerated within this written Agreement.
9.7User Safety and Offline Meeting Disclaimer. We are committed to fostering a safe community, but we cannot guarantee your safety in offline interactions. You acknowledge and agree that: (a) any decision to meet with other users in person is solely at your own risk, and you should take reasonable precautions, including meeting in public places, informing a friend or family member of your plans, and arranging your own transportation; (b) we do not conduct criminal background checks, identity verification screenings, sex offender registry checks, or any other form of background screening of our users, and we make no representations, express or implied, regarding the character, background, conduct, or intentions of any user; (c) you should not share financial information, send money, or engage in financial transactions with other users through the App or outside of it; (d) we are not liable for any loss, harm, or injury arising from your interactions with other users, whether online or offline; and (e) if you experience or witness any threatening, harassing, or violent behaviour, you should immediately cease communication and report the conduct to us and, if appropriate, to local law enforcement.
10. Indemnification
10.1 Within the maximum limit permitted by applicable laws, all liability borne by us, affiliated subsidiaries, contracted service suppliers, business partners, as well as their respective directors, managers, employees, authorized representatives, agents and consultants shall be strictly limited following all clauses in this Agreement.
10.2 Neither us, our affiliates, service suppliers, business partners, nor their respective directors, managers, employees, authorized agents and consultants shall be liable to you under this Contract, whether your claim comes from breach of contract, tort liability (including negligence), statutory liability or other legal grounds, for punitive damages, exemplary compensation, special incidental losses, indirect consequential damages; all losses that both parties could not reasonably predict when signing this Agreement; as well as all direct and indirect lost profits, reputational damage, asset depreciation, loss of business goodwill, lost business chances, lost savings, data loss or file corruption and other indirect derivative losses of all types, even if we received advance notice or professional advice about possible such damages.
10.3 Within the scope permitted by applicable laws, the total maximum aggregate liability cap of us, affiliates, service suppliers, business partners and all their respective directors, managers, employees, agents and consultants arising from or related to this Agreement or your App usage shall be the higher value of the two options below: (i) One Hundred US Dollars (USD 100); or (ii) The total amount of all fees and payments you transferred to us within the consecutive twelve (12) months right before the date your loss or claim occurs.
10.4 We hold the exclusive unilateral right to negotiate, settle and pay any claims or lawsuits filed against us without your prior written consent. Upon our formal request, you shall fully cooperate and provide all reasonable help we need to defend against relevant third-party claims.
10.5 User Indemnification. You agree to indemnify, defend (at our option) and hold harmless us, our affiliates, service providers, business partners, and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys' fees and court costs) arising out of or in connection with: (a) UGC, including without limitation any claim that UGC infringes, misappropriates or otherwise violates any third party's copyright, trademark, trade secret, right of privacy, right of publicity, personality rights, moral rights, or other intellectual property, proprietary or personal rights; (b) your breach of any of your representations, warranties, covenants or obligations under this Agreement, including without limitation the representations and warranties set forth in Section 4.2; (c) your use of the Application in violation of any applicable laws, rules or regulations; (d) your violation of the COMMUNITY CONTENT CODE, Privacy Policy or any other policies applicable to your use of the Application; and (e) your interactions, communications or in-person meetings with other users of the Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not, in any event, settle any claim or matter without our prior written consent.
11. Intellectual Property Infringement Complaint Mechanism
We respect the intellectual property rights of others and expect users of the Software to do the same. In accordance with applicable laws, including the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA") in the United States, and the Digital Services Act (Regulation (EU) 2022/2065) and Directive 2000/31/EC (the "E-Commerce Directive") in the European Union, as well as other similar intellectual property laws in relevant jurisdictions (collectively, "Applicable IP Laws"), we will respond expeditiously to claims of copyright or other intellectual property infringement committed using the Software that are properly reported to [apple@picshubeditor.com]. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
(a) Notice of Alleged Infringement ("Notice"). If you are an intellectual property rights owner, or an agent thereof, and believe that any content made available through the Software infringes your copyright, trademark, or other intellectual property rights, you may submit a notification to us by providing the following information in writing (to the extent reasonably applicable under the relevant Applicable IP Laws):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the intellectual property right claimed to have been infringed, or, if multiple rights are covered by a single Notice, a representative list of such rights and works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the Notice is accurate, and under penalty of perjury (or equivalent declaration under applicable law), that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Review and Response. We will review and address all Notices that substantially comply with the foregoing requirements. Notices that do not substantially comply may not receive a response. Where required by applicable law, we will also inform the relevant user of the Notice and the action taken, and provide them with an opportunity to respond.
(c) Counter-Notification. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the right owner, the right owner's agent, or pursuant to applicable law, to upload, post and use the content in question, you may send a written counter-notification containing the following information to us:
(i) Your physical or electronic signature;
(ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(iii) A statement under penalty of perjury (or equivalent declaration under applicable law) that you have a good faith belief that the content was removed or disabled due to mistake or misidentification of the content; and
(iv) Your name, physical address, telephone number, and email address, and a statement that you consent to the jurisdiction of China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration as described in Section 12.3 of this Agreement, and that you will accept service of process from the person who provided the original Notice or an agent of such person.
(d) Repeat Infringer Policy. In accordance with the Applicable IP laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are determined by us to be repeat infringers of copyright. We may also, at our sole discretion, limit access to the Software, remove content, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(e) Removal of Content. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, subject to applicable law. We will take reasonable steps to promptly notify the user whose content has been removed of the removal and of their right to submit a counter-notification in accordance with Section (c) above.
(f) False Claims. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees under the Applicable IP Laws. We reserve the right to seek recovery of all costs and damages incurred as a result of any such misrepresentation.
12. Supplementary General Provisions
12.1 We reserve the unilateral absolute right to revise, amend or modify any individual clause contained within this Agreement at any time (each individual revision constitutes an “Agreement Amendment”). Your sustained utilization of the App following the effective date of any Agreement Amendment shall be deemed unconditional acceptance of all updated contractual terms, and you shall be legally bound by the revised Terms of Service provisions. If you decline to assent to any Agreement Amendment, you must immediately terminate all utilization of the App in its entirety.
12.2 Absent prior written consent issued by the opposing contracting party, you may not assign or transfer any contractual rights conferred upon you under this Terms of Service, nor delegate your contractual duties and legal responsibilities to any external unaffiliated third party.
12.3 The validity, interpretation and construction of this Agreement shall be governed by the substantive domestic laws of the People’s Republic of China (“PRC”). If any single standalone clause of this Agreement conflicts with mandatory statutory provisions promulgated by the PRC, such clause shall be reinterpreted to fully align with relevant domestic legislative requirements. The invalidity or mandatory reinterpretation of an independent single clause shall not impair the legal validity and full enforceability of all residual clauses contained within this Agreement. Both contracting parties shall resolve all disputes arising under this Agreement through good-faith negotiation as the primary remedy. If negotiation efforts fail to yield a mutually satisfactory resolution, either party may initiate formal arbitration proceedings in accordance with this clause; all relevant disputes shall receive final exclusive adjudication administered by the China International Economic and Trade Arbitration Commission (“CIETAC”), subject to the CIETAC Arbitration Rules in effect at the time of arbitration application submission. The arbitral award rendered by CIETAC shall be final, conclusive and legally binding upon both you and us.
12.4 Class Action Waiver. To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action against us.
12.5 We reserve the final interpretation right on these Terms.
13. Contact Information
If you have questions about platform Services or this Agreement, or need to get archived historical versions of this Agreement document, please contact our official customer support team via the designated contact channel at [apple@picshubeditor.com].