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PHOTOBUCKET TERMS OF USE

Effective Date: July 22, 2024

To review our policy that shall remain in effect until July 22, 2024, click here

1. INTRODUCTION

These Terms of Use (“TOU Agreement”) apply to your use of any Photobucket.com,
Inc. (“Photobucket,” “we,” “our,” or “us”) website (“Site”), Photobucket
application (“App”) or other services, such as photo and video storage,
printing, hosting, digitization, and sharing services provided by
Photobucket.com to you (the Site, App, and services individually and
collectively, the “Services”). Wherever used in these Terms of Use, “you”,
“your” or similar terms, refer to the person or legal entity accessing or using
our Services. If you will be using the Services on behalf of an organization,
you agree to these Terms of Use on behalf of that organization and you represent
that you have the authority to do so. In such case, “you” and “your” will refer
to that organization. Capitalized terms are defined below, in our Privacy Policy
or in our Biometric Information Privacy Policy.

2. ACCEPTING THESE TERMS OF USE

Please read these Terms of Use carefully before using the Services. These Terms
of Use, together with Photobucket’s Privacy Policy,Biometric Information Privacy
Policy, Copyright and Intellectual Property Policy, and any other agreement
between you and Photobucket related to the Services (collectively, the
“Agreements”) set forth the terms on which Photobucket provides the Services to
you. By accessing or using our Services or interacting with us either online or
offline, you agree to be bound by the terms of the Agreements. If you do not
agree to all the terms and conditions of these Agreements, you should not and
are not permitted to use the Services.

EXCEPT AS PROVIDED HEREIN, THESE TERMS OF USE EXPRESSLY SUPERSEDE PRIOR
AGREEMENTS OR ARRANGEMENTS WITH YOU. PHOTOBUCKET MAY IMMEDIATELY TERMINATE THESE
TERMS OF USE OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR
DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME FOR ANY REASON.
IF WE MAKE CHANGES TO ANY OF THE AGREEMENTS, WE WILL TAKE APPROPRIATE MEASURES
TO INFORM YOU IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING AT LEAST INFORMING
YOU VIA NOTICE ON OUR WEBSITE. FOR MATERIAL CHANGES WE MAY ALSO PROVIDE NOTICE
TO YOU THROUGH YOUR EMAIL ACCOUNT OF RECORD WITH US.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS
IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PHOTOBUCKET ON AN INDIVIDUAL BASIS
THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS ARBITRATION AGREEMENT,
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF
THIS TOU AGREEMENT AND ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS IMPORTANT DECISION.

If you do not agree to the terms of this Terms of Use, please:

 * Do not start using the Services or discontinue use if you have already
   started.
 * Do not submit any Personal Information or User Uploaded Content.



3. USE OF THE SERVICES

3.1 Authorized User. “Authorized User” refers to a person who is at least the
age of eighteen (18), can legally form a binding agreement with Photobucket, and
is not legally prohibited from using the Services. No individual under the age
of eighteen (18) may use the Services or provide any information to Photobucket,
including through the Services. You are only permitted to use the Services if
you are legally capable of forming a binding agreement with Photobucket and are
not legally prohibited from using the Services.

3.2 Subscriber, Account. “Subscriber” refers to a person or legal entity
accessing or using at least one of the Services who has created either a Free
Trial Account, a Legacy Free Account, a Paid Account, or a Group Bucket Invitee
Account (individually and collectively, “Account”). As a Subscriber, you agree
to be responsible for the Content and activities in your Account, for protecting
your Account, including your Content, with a secure password and not sharing
your password with anyone. You also agree to the following:

 * You have provided true information when you registered to be a Subscriber and
   created an Account.
 * You have given us a valid email address, that you will be required to confirm
   upon registration, and/or any time thereafter, via a confirming e-mail which
   will require a response to complete your registration or keep your Account
   active. Alternatively, you may sign up with a verified account source i.e.
   Apple or Google.
 * You will notify us if something changes.
 * You are 18 years of age or older.
 * You are not breaking any laws when you use the Services.
 * You will not resell any of the Services.
 * You will not violate these Terms of Use as a Subscriber.



3.3 Termination and Modifications to Services. The Services may change without
notice or liability to you. Photobucket retains the right to create limits on
the use of the Services at its sole discretion, with or without notice. This
includes suspending, restricting, or terminating your Account, even if you have
a paid subscription, if you violate these Terms of Use. For example, your
Account may be terminated if you infringe on others’ intellectual property
rights, violate our community standards, or commit illegal acts using the
Services. Alternatively, we may deny, restrict, or suspend access to all or part
of the Services under similar circumstances. Photobucket may suspend your
Account until you take the required actions or terminate your Account, such as
if you exceed your allotted storage limit or fail to make your required payment.
Photobucket may also change, suspend, or discontinue any or all of the Services
at any time, including the availability of any product, feature, database, or
content.

3.4 Prohibited Use. You may not do any of the following, (collectively and
individually “Prohibited Use”) while accessing or using the Services:

 * Access, tamper with, or use non-public areas of the Services, or the computer
   or delivery systems of Photobucket and/or its service providers.
 * Probe, scan, or test any system or network (particularly for
   vulnerabilities), or otherwise attempt to breach or circumvent any security
   or authentication measures.
 * Access or search or attempt to access or search the Services by any means
   (automated or otherwise) other than through our currently available,
   published interfaces that are provided by Photobucket (and only pursuant to
   those terms and conditions), unless you have been specifically allowed to do
   so in a separate agreement with Photobucket, or unless permitted by
   Photobucket’s robots.txt file or other robot exclusion mechanisms.
 * Use any robot, spider or other automatic device, process or means to access
   the Services for any purpose, including monitoring, harvesting, scraping or
   otherwise copying any of the material or information on the Services.
 * Use any manual process to monitor or copy any of the material available on or
   through the Services, including any Content, or for any other unauthorized
   purpose without our prior written consent.
 * Use any device, software or routine that interferes with the proper working
   of the Services.
 * Introduce any viruses, Trojan horses, worms, logic bombs or other material
   which is malicious or technologically harmful.
 * Attempt to gain unauthorized access to, interfere with, damage or disrupt any
   parts of the Services, the server on which the Services are stored, or any
   server, computer or database connected to the Services, including by
   soliciting passwords or Personal Information (as defined in the Privacy
   Policy) from any other person or by impersonating any other person or entity.
 * Scrape the Services, and particularly scrape Content from the Services,
   without Photobucket’s express prior written consent.
 * Selling or sharing your Account access; for example, selling website
   templates to third parties with images linked from Photobucket.
 * Use the Services to send altered, deceptive, or false source-identifying
   information, including without limitation by forging TCP-IP packet headers or
   e-mail headers.
 * Use the Services to defame another Authorized User or to make credible
   threats, hate speech, or otherwise degrade, shame or discriminate against
   another Authorized User.
 * Upload Content that falls under one of the following categories: obscenity
   (nudity is acceptable but no explicit content), fighting words, defamation
   (including libel and slander), child pornography, perjury, blackmail,
   incitement to imminent lawless action, true threats, solicitations to commit
   crimes, seeks Personal Information of others, spam or is otherwise illegal,
   and/or Content you didn’t create (unless you have the written permission of
   the creator prior to uploading).
 * Use the Services in a manner that violates any applicable law, regulation,
   and/or right of an individual.
 * Interfere with, or disrupt (or attempt to do so), the access of any other use
   of the Services, host or network, including, without limitation, by sending a
   virus to, spamming, or overloading the Services, or by scripted use of the
   Services in such a manner as to interfere with or create an undue burden on
   the Services.



3.5 Accounts and Passwords. To access or use the Services, you may be required
to create an Account. When you create the Account, you must provide up-to-date
information. The information you provide is subject to our Privacy Policy. In
connection with your Account, you will be required to create a password. It is
important that you keep your password confidential and that you do not share or
disclose it with any third party. You acknowledge and agree that you are solely
responsible for maintaining the confidentiality of your Account password and for
all activity that occurs under your Account. Each Authorized User is only
permitted to create a single Account, unless otherwise expressly authorized by
Photobucket. We recommend using a combination of numbers, symbols and lower and
upper case letters to create a secure password. Types of Accounts.

3.6 Types of Accounts.



 * 3.6.1 Free Trial Account. Photobucket may offer a limited free trial account
   (“Free Trial Account”) for new accounts that allows for the upload of
   Content, use of the image editor and the ability to share Content (but not
   third-party image hosting). Once a Free Trial Account is activated, you will
   have a limited number of days (such as 7 days) to explore the Services,
   upload Content and use our most popular tools. Unless otherwise stated, you
   will be required to provide a payment method to set up or use a Free Trial
   Account, such as a credit card. At the end of the trial period, if you have
   not cancelled your Free Trial Account, you will be charged for the Paid
   Account you selected at the start of the Free Trial Account. If you have
   either cancelled your Free Trial Account or have not otherwise signed up for
   a Paid Account to purchase Paid Services all of your Content may be deleted.
   You may upgrade, downgrade or cancel your Paid Account subscription by
   following the steps provided in your Account profile. To the extent
   permissible by law, we will automatically renew your Paid Account
   subscription. If a payment method was not required in connection with the
   creation of a Free Trial Account, you will have the option to purchase a Paid
   Account. In either case, if you do not purchase a Paid Account at the end of
   the free trial period, your account will be deactivated, your Content may be
   deleted, and it may only be accessed again by purchasing a Paid Account. If
   you do not intend to purchase a Paid Account at the end of the Free Trial
   Account, we encourage you to download any photos and videos you wish to
   access as deactivation means that such photos and videos may be deleted by
   Photobucket. If you would like your Account and any Content you uploaded
   deleted, please follow this link or email us with your deletion request
   at:support@photobucket.com. The Free Trial Account allows for uploading and
   storage of Content during the free trial period subject to the limitation
   that such Content must be solely owned by you and must not be Content used in
   any way for a commercial purpose. The Free Trial Account does not allow image
   hosting. Photobucket has the right to change the terms, Services and features
   of its Free Trial Account at any time.
 * 3.6.2 Legacy Free Account. “Legacy Free Account” refers to the accounts for
   services that Photobucket previously allowed users to sign up for which
   allowed users to upload and store Content through the Photobucket Services
   free of charge (“Legacy Free Account”). Photobucket has ended the ability for
   users to sign up for its Legacy Free Account. service. If you currently have
   a Legacy Free Account, you may not continue to access it unless and until you
   select a Paid Account or, we offer or assign a limited evaluation period Free
   Trial account to you. The Legacy Free Account does not allow image hosting.
   To the extent that we allow a Legacy Free Account to host an image, the image
   will display or otherwise include a Photobucket recognizable image or
   pattern, such as a watermark, that reflects that the image is hosted by us.
   If we permit any free image hosting, we reserve the right to block the image
   or blur and watermark the image in our sole and absolute discretion. If you
   do not contact us within forty-five (45) days from the Effective Date above
   to change your Legacy Free Account into a Paid Account, we will deactivate
   your Account (to the extent that it is not already deactivated) and may
   delete your Content. If you notify us during this time at
   support@photobucket.com, we can provide you a temporary login so that you can
   download your Content. You may also request to have your Account, and its
   Content, deleted.
 * 3.6.3 Paid Account. “Paid Account” refers to the several paid options that
   give the Subscriber more storage, image hosting and other services. Please
   note that a Paid Account is billed either monthly or annually at your option.
   To the extent permissible by law, we will automatically renew your Paid
   Account subscription. If your Paid Account exceeds the storage limit
   associated with your Paid Account, the images in your Account that exceed
   your storage limit may be otherwise unavailable to you until you select a
   higher tier paid plan. If a Paid Account exceeds its allotted storage
   capacity which is determined based upon the lesser of a given amount of
   storage space expressed in gigabytes and total image count, the Subscriber
   may: upgrade to a higher-level Paid Account by selecting the appropriate Paid
   Account subscription level, reduce the number of images in their Account to
   get under their allotted storage capacity or close their current Paid
   Account. Alternatively, Photobucket may terminate the Subscriber’s Account
   and permanently delete their Content upon their request.
   
   Currently Offered Paid Accounts. Information regarding the currently
   available different Paid Accounts can be found here: Photobucket Subscription
   and Storage Options – Photobucket Support.
   
   Additional Features of all Paid Accounts. When you upgrade to any Paid
   Account, you will also receive Premium Support. You have direct access to our
   tech support team.
   
   Modifying Your Paid Account: Photobucket has the right to change the price,
   Services and features of its Paid Account plans at any time. If you are a
   Paid Account Subscriber, you can always upgrade to a higher-level Paid
   Account and will have the opportunity to downgrade your Account level at the
   beginning of the next monthly or annual period anniversary following any such
   modifications, depending upon whether you selected a monthly or annual
   payment option when you signed up for a Paid Account.
   
   3.6.3.1 Payments, Expirations, Refunds and Cancelations:
   
   
   
   * When you subscribe to a Paid Account, you authorize Photobucket to charge
     you using your selected payment method, such as your credit card, for all
     applicable fees. Thereafter, Photobucket will automatically charge your
     credit card monthly or annually, as applicable and to the extent
     permissible by law, unless you notify us that you want to cancel or disable
     auto-renewal prior to the next renewal.
   * Paid Account Subscribers are responsible for providing (and updating when
     necessary) complete and accurate billing and contact information to
     Photobucket.
   * Paid Account Subscribers can cancel at any time by contacting
     support@photobucket.comor by following any other cancellation method made
     available through the applicable Service, or by clicking here. If you
     cancel, except as provided below, you will not be charged for any future
     subscription term, and you will continue to receive the Services you
     purchased through the end of the current paid term.
   * Fees are non-refundable except as required by applicable law and under the
     following condition:
   
     You may request a cancellation and refund within forty-eight (48) hours
     (“Refund Period”) of initiating your subscription payment or renewing an
     existing subscription. To do so, contact support@photobucket.com or use any
     other cancellation method available through the applicable Service.
   
     Your cancellation/refund request must be received within the Refund Period.
     No exceptions will be made to this deadline. We will determine if your
     request was (i) timely received and (ii) clearly communicated to us.
   
   * If any fee is not paid in a timely manner, or Photobucket is unable to
     process your transaction using the payment method information provided,
     Photobucket may suspend or terminate your Account until such time as the
     applicable payment is made. Paid Account Subscribers are responsible for
     all applicable taxes. Photobucket will charge taxes when required to do so.
   
   3.6.4 Group Bucket Invitees. Photobucket offers Subscribers who purchase
   certain Paid Accounts the ability to share images and collaborate with others
   within their shared “Group Buckets.” Those invited by a Subscriber (“Group
   Bucket Invitees”) may access the Subscribers’ designated Group Buckets until
   such time as the Subscriber either removes the Group Bucket Invitee's access,
   deletes their applicable Group Buckets, downgrades or cancels their Paid
   Account subscription, or Photobucket removes the Subscriber’s and/or the
   Group Bucket Invitee’s access in accordance with this TOU Agreement. When
   accepting an invite to a Subscriber’s Group Buckets, Group Bucket Invitees
   are required to set up an Account but are not required to provide a payment
   method to access a Subscriber’s Group Buckets.
   
   

   3.7 Third Party Services. The Services may include functionality that allows
   certain kinds of interactions between the Services and a service offered by a
   third party, such as photo printing, digitization, and payment services
   (“Third Party Service”). You acknowledge that these Third Party Services may
   be subject to different terms of use or other terms, and you agree to comply
   with those terms. You further acknowledge and agree that Photobucket is not
   responsible for any Third Party Services and Photobucket is not liable for
   the functionality or unavailability of any Third Party Service.



4. PRIVACY

You own, and are responsible for, all Content you submit, upload or display on
or while using Photobucket. Any information you provide to Photobucket is
subject to Photobucket’s Privacy Policy, which governs our collection and use of
your information. You understand that by using the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this information. To
access the Privacy Policy, please click here.

5. CONTENT AND USER UPLOADED CONTENT

In connection with the Services, you may submit certain types of Content. By
uploading, you are confirming that the Content is yours—no one else’s—and that
the uploading and use of your Content does not violate the privacy rights,
publicity rights, copyrights, Agreements’ rights, intellectual property rights,
human rights or legal rights of somebody else. If we learn that you are
infringing others’ rights or are using Content that is not yours, Photobucket
has the right to remove this Content and you agree that you are responsible for
any costs associated with the infringement. Photobucket may manipulate and
display your Content as well as obtain image tagging from our vendors to offer
the Services (including transcoding and/or reformatting Content) to allow its
use throughout the Services. For purposes of these Terms of Use, we have defined
the following types of Content:

Content: “Content” means a creative expression and includes, without limitation,
video, audio, music, still or moving photographs, images, illustrations,
animations, logos, tools, written posts, replies and comments, information,
data, text, software, scripts, executable files, and graphics, any of which may
be generated, provided, or otherwise made accessible on or through the Services.
Content shall include User Uploaded Content.

User Uploaded Content Definition: Our Services allow you to upload the most
commonly used image and video files. These image files and video files, both in
their native uploaded form and any subsequently edited version stored with the
Services, are referred to individually and collectively as “User Uploaded
Content.” User Uploaded Content may be Private User Uploaded Content, Public
User Uploaded Content, or Shareable User Uploaded Content. When uploading
Content or other Personal Information, it is up to you to satisfy yourself about
the privacy level of every person who might use it. Once your information enters
the public domain, we have no control over what any individual third party may
do with it. We accept no responsibility for their actions at any time. Please
note that User Uploaded Content, in addition to being subject to this Terms of
Use, is also governed by ourPrivacy Policy and our Biometric Information Privacy
Policy.

Private User Uploaded Content Definition: In the past versions of Services
offered by Photobucket, a Subscriber with an Account could mark any album with
User Uploaded Content they uploaded as “private” (“Private User Uploaded
Content”). Although we created measures to protect your privacy, please be aware
that just because something is marked “private” does not mean that only the
people you invite will see it in all instances. For example, individuals may
still be able to find the direct URL for a photo or through other search
mechanisms, and then share or link to it outside the Services. If you share
Private User Uploaded Content from the Services or provide someone with a direct
link to Private User Uploaded Content, others may be able to see it, even if you
marked it “private” according to the past versions of the Services. We are not
responsible for any shared Private User Uploaded Content that has been shared
after being marked as “private” according to the past Services offered by
Photobucket.

Public User Uploaded Content Definition: The past versions of Services offered
by Photobucket allowed you to upload and share images and information that, by
doing so and marking such albums with the images “Public”, you intended to be
viewed, copied, downloaded, or used by other people such as: (a) tagging,
describing or commenting on images, whether such images are posted by you or
someone else; (b) making comments on a forum; or (c) clicking on an icon next to
another user’s image or comment to convey your agreement, disagreement or
thanks. This content is referred to as “Public User Uploaded Content.” The
concept of “Public” from the past versions of Services offered by Photobucket no
longer exists for new uploads of User Uploaded Content as of February 6, 2024.
User Uploaded Content or albums in the current version of the Services that were
Public User Uploaded Content prior to February 6, 2024, remains Public for
Legacy Free Accounts. User Uploaded Content uploaded as of February 6, 2024, is
not Public User Uploaded Content.

Sharable User Uploaded Content Definition: Albums and User Uploaded Content in
the current version of the Services that were uploaded from a Paid Account, are
not Public User Uploaded Content because they are shareable instead of Public
(“Sharable User Uploaded Content”). Public User Uploaded Content prior to
February 6, 2024, for Paid Accounts converted to Shareable User Uploaded Content
as of February 6, 2024, because in the current version of the Services, albums
with User Uploaded Content can be shared by creating a link. This link can be
viewed by those with access to it and can also be password protected. These
links are referred to as “Sharing Links”. Although we created measures to
protect your privacy, please be aware that just because something is accessible
through a Sharing Link does not mean that only the people you invite will see it
in all instances. We are also not responsible for any shared User Uploaded
Content that has been shared with a Sharing Link (i.e., Shareable User Uploaded
Content) under the current version of the Services. If you have questions about
your User Uploaded Content please contact us at support@photobucket.com.

All User Uploaded Content will be considered non-confidential and
non-proprietary. You must not create, upload, or input any User Uploaded Content
that you consider to be confidential or proprietary. Subscribers retain
ownership of all intellectual property rights in their User Uploaded Content.
When you upload Private User Uploaded Content, you grant us a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, transferable right and
license to: copy, stream, post, display, publicly perform and reproduce the
Private User Uploaded Content so that we may offer our Services to you and to
others at your request (e.g. image sharing and hosting by you) as well as other
rights set forth herein.

You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free,
transferable, right and license to: copy, stream, post, display, publicly
perform, and reproduce the Sharable User Uploaded Content so that we may offer
the Services to you and to others at your request (e.g. image sharing and
hosting by you) as well as other rights set forth herein. You further grant
Photobucket a worldwide, non-exclusive, perpetual, irrevocable, royalty-free,
transferable, right and license to: copy, convey, distribute, stream, post,
publicly display (e.g. post it elsewhere), publicly perform, reproduce Public
User Uploaded Content and create derivative works from it (meaning things based
on it), whether in print or any kind of electronic version that exists now or is
later developed, for any purpose, including a commercial purpose with the right
to sublicense such rights to others.In particular, to the extent permitted by
the laws of your region, you grant us the right to commercialize, including the
right to license or sell your Public User Uploaded Content to third parties for
the scanning and processing of Public User Uploaded Content, including
extracting physical features (e.g., measurements) of your Biometric Information,
solely for the purpose of artificial intelligence and machine learning training
and the subsequent uses derived therefrom. The law in areas such as data privacy
is continually changing. If you notice something amiss, please contact us at
support@photobucket.com, and we will review and remedy the issue as appropriate.

Photobucket has the right to place advertising, promotions, notifications or
identifiers, banners and watermarks on or near your Content as well as
watermark, blur or block your hosted images in the event that you have exceeded
our bandwidth limitations described elsewhere in these Terms of Use, and how and
what are up to us.

Please contact us at policies@photobucket.com if you would like to opt out from
granting Photobucket the right to sell, lease, trade or otherwise profit from
your Public User Uploaded Content. Opting out requires your account to be
deleted.

There is an initial opt out period of forty-five (45) days from the Effective
Date listed above (“Initial Opt out Period”). During the Initial Opt out Period,
you can opt out before any license or sale takes effect. Please note that if you
opt out, it will be necessary to delete your Account and all of your User
Uploaded Content. Therefore, if you decide to opt out, please download and save
any of your User Uploaded Content you wish to keep and store.

After the end of the Initial Opt out Period, you will still have the option to
opt out from granting Photobucket the right to sell, lease, trade or otherwise
profit from the disclosure of your Biometric Information contained in your
Public User Uploaded Content prospectively. If you do not opt out during the
Initial Opt out Period and we do provide your Public User Uploaded Content to a
third party, we cannot guarantee we can recall it, but it will not be further
sold, leased, traded, or otherwise profited from after the date we receive and
process your opt out request.

You waive any moral rights (and any similar rights) with respect to your User
Uploaded Content to the extent permitted by law, and if no waiver is permitted,
you agree not to enforce the right against Photobucket or our distributors or
clients.

Photobucket may moderate Content. However, we are not responsible for what you
have uploaded, and we are under no obligation to modify or remove any
inappropriate Content. We have provided some tools, such as that you can contact
abuse@photobucket.com to report inappropriate Content. As a general rule, we
allow “not safe for work” aka “NSFW” Content subject to our community standards
set forth in these Terms of Use.

If you stop using the Services, your Content may remain on the Services unless
you actively remove your Content, and the rights you granted to us, and other
Services users remain. Notwithstanding, Photobucket may archive or delete your
Content, after giving you notice, in its sole discretion subject to these Terms
of Use. If you would like to request that Photobucket delete your Content please
email us at support@photobucket.com.

Other than your Content, we own or license all right, title, and interest in and
to (a) the Services, including all software, scripts, music, text, media, and
other Content; and (b) the Content, including our trademarks, logos, and brand
elements (“Marks”). The Services, Content, and Marks are all protected under
U.S. and international laws.

As an Authorized User of the Services, Photobucket grants you a worldwide,
non-exclusive, non- sublicensable, and non-transferable license to download,
store, view, display, perform, redistribute, and create derivative works of
Content made available on the Services, solely in connection with your use of,
and in accordance with the functionality and restrictions of, the Services.

6. REPRESENTATIONS, WARRANTIES, & INDEMNIFICATION

You represent and warrant to us that: (1) the User Uploaded Content does not and
will not violate any applicable law or regulation, or any intellectual property
rights (including name image and likeness rights) of any third parties; (2) you
have all necessary rights and permissions to grant the rights to Photobucket
granted under this TOU Agreement; (3) you will only use the Services for your
own personal or internal business purposes and not for the purpose of
commercializing or monetizing the Services, without the express written consent
of Photobucket; (4) you will use the Services in a professional manner, will
treat other Authorized Users with respect, and will not use User Uploaded
Content a manner that constitutes discrimination, defamation, incitement,
credible threats, hate speech, or is otherwise intended to bully, attack, or
harm Photobucket or another Authorized User. You agree to indemnify and hold
harmless Photobucket, its subsidiaries, its licensors, its licensees, and
affiliates, and their respective officers, agents, partners and employees, from
your breach of any of the representations and warranties set forth in this TOU
Agreement. Even if you close your Account or we terminate your subscription, you
will still be responsible for indemnifying us for breaches that took place while
you used the Services. Obligations you owed to us and other Authorized Users,
which by their nature are intended to survive closing or termination, will
survive.

7. PAID SERVICES

Some of the Services may require payment of fees (“Paid Services”). One example
of a type of Paid Services is a Paid Account. You shall pay all applicable fees,
as described in the applicable agreement between you and Photobucket in
connection with such Paid Services, and any related taxes or additional charges.
Paid Services may include limited licenses for you to use certain Paid Services,
subject to the terms and conditions of the applicable agreement. Under no
circumstances does Photobucket transfer you any rights in or to the Services (or
Paid Services), or any portion of the Services. You are not permitted to
relicense, resell, transfer, or otherwise transfer any Services, except as
expressly permitted by a written agreement between you and Photobucket.

Photobucket may, in its sole discretion, modify the functionality of, or
eliminate, Services, or the terms and conditions under which Services are
provided. All payments made for Paid Services are final and non-refundable,
except at Photobucket’s sole discretion and in accordance with any written
agreement between you and Photobucket. Termination of your rights under these
Terms of Use may result in forfeiture of existing Services and/or Paid Services.
Photobucket may change its prices for Paid Services at any time. Photobucket
will provide reasonable notice of any such pricing changes by posting the new
prices on or through the applicable Paid Service. It may also provide reasonable
notice by sending you an email or push notification. If you do not wish to pay
the new prices, you may choose not to purchase, or to cancel, the applicable
Paid Service prior to the change going into effect, subject to the terms of any
written agreement between you and Photobucket.

8. MODIFICATIONS TO TERMS OF USE

Photobucket reserves the right, in its sole discretion, to modify these Terms of
Use at any time by posting a revised Terms of Use through the Services with an
updated date (“Effective Date”) and we will also provide a separate notice
(which may take the form of an e-mail, banner, in-app notification, or other
notification method). You are responsible for reviewing and becoming familiar
with any modifications to these Terms of Use. Unless otherwise stated in the
modified Terms of Use, modifications are effective when posted on the applicable
Services or this location, in the amended policies, or supplemental terms on the
applicable Service(s) (e.g., at the time of uploading photos). Your use of the
Services following any such posted modification and notice of same constitutes
your acceptance of the terms and conditions of these Terms of Use as modified.

If Photobucket changes these Terms of Use after the date you first agreed to the
Terms of Use (or to any subsequent changes to these Terms of Use), you may
inform Photobucket of your refusal to agree to any such change by providing
Photobucket written notice of such refusal within forty-fiive (45) days of the
date such change became effective, as indicated in the Effective Date above.
This written notice must be provided by you either (a) mail or hand delivery to
our registered agent for service of process, c/o Photobucket.com, Inc., 621
Kalamath Street, Suite 135, Denver, CO 80204 USA, or (b) by e-mail to:
support@photobucket.com. In order to be effective, the notice must include your
full name and clearly indicate your intent to reject changes to these Terms of
Use. By rejecting changes, you are agreeing that Photobucket should proceed with
terminating your Account and your User Uploaded Content. As such, you should
download any Content from the Services that you wish to save prior to notifying
us of your refusal. Photobucket’s collection and use of Personal Information in
connection with the Services is described in our Privacy Policy.

9. WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN “AS-IS” BASIS

Your access to and use of the Services or any Content is at your own risk. YOU
UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED
BY LAW, PHOTOBUCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT AND
THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Photobucket makes no
representations or warranties of any kind with respect to the Services,
including any representation or warranty that the use of the Services will (a)
be timely, uninterrupted or error-free or operate in combination with any other
hardware, software, system, service or data, (b) meet your requirements or
expectations, (c) be free from errors or that defects will be corrected, or (d)
be free of viruses or other harmful components. Photobucket also makes no
representations or warranties of any kind with respect to Content or User
Uploaded Content. No advice or information, whether oral or written, obtained
from Photobucket or through the Services, will create any warranty not expressly
made herein.

We encourage you to always keep backups of your Content. Photobucket is not
responsible if any of your Content is deleted or corrupted, or if any
modification, suspension or discontinuation of the Site or services causes you
to lose any Content—even if you’re a Paid Account Subscriber.

10. RELEASE FROM LIABILITY

You release, to the fullest extent permitted by law, Photobucket, its
affiliates, and its and their respective directors, officers, shareholders,
employees, representatives, consultants, agents, suppliers, and/or distributors
from responsibility, liability, claims, demands, and/or damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in
any way connected with any of the following:

 * Disputes between Authorized Users, including those between you and other
   Authorized Users;
 * Your use of Third Party Services, including Content found on or in connection
   with such Third Party Services;
 * Any claim resulting from your use of the Services in a manner inconsistent
   with the terms of this TOU Agreement;
 * Disputes concerning any use of, or action taken using, the Services on your
   device by you or a third party;
 * Unauthorized access to your account by a third party, or any use of the
   Services under your Account; and
 * Claims relating to the unauthorized access to any data communications or
   Content relating to your use of the Services, including unauthorized use or
   alteration of such communications or your Content.



If the laws of California apply to you, you hereby irrevocably waive California
Civil Code § 1542, which says: “A general release does not extend to claims
which the creditor does not know or suspect to exist in his or her favor at the
time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor.”

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOBUCKET, ITS AFFILIATES,
AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT
BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE,
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR
ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES
RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE
SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS
LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, AGREEMENT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHOTOBUCKET
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY
SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PHOTOBUCKET AND ITS
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,
AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS TOU AGREEMENT,
INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO
USE THE SERVICE(S) IN THE PRECEDING TWELVE (12) MONTH PERIOD.

12. TERMINATION

Either you or Photobucket may terminate these Terms of Use at any time by
providing written notice to the other party. Photobucket may also terminate or
suspend your access to or ability to use any and all Services immediately,
without prior notice or liability, for any reason or no reason, including but
not limited to if you breach any of the terms or conditions of the Agreements.
All provisions of these Terms of Use which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability. Termination of
your access to and use of the Services shall not relieve you of any obligations
arising or accruing prior to such termination or limit any liability which you
otherwise may have to Photobucket or any third party. Furthermore, your
termination of these Terms of Use does not relieve you of any obligation under
other terms of the Agreements. Photobucket is not responsible or liable for your
inability to use the Services or any feature or part of the Services as a result
of your choice not to agree to these Terms of Use.

13. MISCELLANEOUS



 * 13.1 Modifications and Entire TOU Agreement. This TOU Agreement, as modified
   from time to time, constitutes the entire agreement between you and
   Photobucket with respect to the subject matter hereof. Any rights not
   expressly granted herein are reserved by Photobucket. This TOU Agreement
   supersedes all prior or contemporaneous understandings or agreements, written
   or oral, regarding the subject matter hereof and constitutes the entire and
   exclusive agreement between the parties.
 * 13.2 Waiver. 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.
 * 13.3 Severability. If any provision of this TOU Agreement is found to be
   unenforceable or invalid, that provision shall be limited or eliminated to
   the minimum extent necessary so that this TOU Agreement shall otherwise
   remain in full force and effect and enforceable.
 * 13.4 Assignment Rights. This TOU Agreement is not assignable, transferable,
   or sublicensable by you except with Photobucket’s prior written consent.
   Photobucket may assign this TOU Agreement, and any rights and licenses
   granted hereunder, in whole or in part at any time without your agreement and
   without restriction. For example, Photobucket may assign these Terms of Use
   without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of
   Photobucket’s equity, business or assets; or (iii) a successor by merger.
 * 13.5 Relationship of Parties. No agency, partnership, joint venture, or
   employment is created as a result of this TOU Agreement, and you do not have
   any authority of any kind to bind Photobucket in any respect whatsoever. We
   are not responsible for the conduct of others. We are not responsible for
   advertisements or applications or services that are posted on or through the
   Services, nor do we have any responsibility for the goods or services
   provided by our advertisers or via other websites or applications, including
   our print vendor.
 * 13.6 Misuse Reporting. As a Subscriber of Photobucket, if you become aware of
   misuse of the Services by any person, please email abuse@photobucket.com and
   include a URL at which the material in question may be located. If such
   misuse includes suspected infringement of copyright or other intellectual
   property, please follow the Photobucket Copyright and IP Policy.
 * 13.7 Export and Trade Controls. Photobucket provides global services.
   Photobucket’s operations are, however, located in the United States, and
   Photobucket’s policies and procedures are based on United States law. You
   agree not to import, export, re-export, or transfer, directly or indirectly,
   any part of the Services, Content, or information provided on or pursuant to
   the Services except in full compliance with all United States, foreign and
   other applicable laws and regulations. The following provisions apply
   specifically to Authorized Users located outside of the United States: (1)
   you consent to the transfer, storage, and processing of your information,
   including but not limited to User Uploaded Content and any Personal
   Information, to and in the United States and/or other countries; and (2) you
   represent and warrant that (a) you are not located in a country that is
   subject to a U.S. government embargo, or that has been designated by the U.S.
   government as a “terrorist supporting” country; and (b) you are not listed on
   any U.S. government list of prohibited or restricted parties.
 * 13.8 Choice of Law and Jurisdiction. These Terms of Use, and the agreement
   they create, shall be governed by and interpreted according to the laws of
   the State of Colorado, without giving effect to any conflict of law
   principles, except as may be otherwise provided in Section 14 (Arbitration
   Agreement). However, the choice of law provision regarding the interpretation
   of these Terms of Use is not intended to create any other substantive right
   to non-Colorado residents to assert claims under Colorado law whether that be
   by statute, common law, or otherwise. These provisions, and except as
   otherwise provided, are only intended to specify the use of Colorado law to
   interpret these Terms of Use and the forum for disputes asserting a breach of
   these Terms of Use, and these provisions shall not be interpreted as
   generally extending Colorado law to you if you do not otherwise reside in
   Colorado. You agree that any and all disputes, claims, and causes of action
   arising out of or connected with these Terms of Use shall be brought in the
   state and district courts of the State of Colorado and you hereby consent to
   the personal jurisdiction and venue of the courts in Denver, Colorado, and
   expressly waive any objection to such jurisdiction and venue. The foregoing
   choice of law and forum selection provisions do not apply to the arbitration
   clause in Section 14 (Arbitration Agreement) or to any arbitrable disputes as
   defined therein. Instead, as described in Section 14 (Arbitration Agreement),
   the Federal Arbitration Act shall apply to any such disputes.
 * 13.9 Data Usage and Charges. You acknowledge that you may incur data charges
   from your mobile carrier or internet service provider for accessing and using
   our Services. You are solely responsible for any such charges.



14. ARBITRATION AGREEMENT

By agreeing to the Terms of Use, you agree that you are required to resolve any
claim that you may have against Photobucket on an individual basis in
arbitration, as set forth in this Arbitration Agreement. This will preclude you
from bringing any class, collective, or representative action against
Photobucket, and also preclude you from participating in or recovering relief
under any current or future class, collective, consolidated, or representative
action brought against Photobucket by someone else.



 * 14.1 Agreement to Binding Arbitration Between You and Photobucket. You and
   Photobucket agree that any dispute, claim or controversy arising out of or
   relating to (a) these Terms of Use or the existence, breach, termination,
   enforcement, interpretation or validity thereof, or (b) your access to or use
   of the Services at any time, whether before or after the date you agreed to
   the Terms of Use, will be settled by binding arbitration between you and
   Photobucket, and not in a court of law. You acknowledge and agree that you
   and Photobucket are each waiving the right to a trial by jury or to
   participate as a plaintiff or class member in any purported class action or
   representative proceeding. Unless both you and Photobucket otherwise agree in
   writing, any arbitration will be conducted only on an individual basis and
   not in a class, collective, consolidated, or representative proceeding.
   However, you and Photobucket each retain the right to bring an individual
   action in small claims court and the right to seek injunctive or other
   equitable relief in a court of competent jurisdiction to prevent the actual
   or threatened infringement, misappropriation or violation of a party’s
   copyrights, trademarks, trade secrets, patents or other intellectual property
   rights.
 * 14.2 Rules and Governing Law. The arbitration will be administered by the
   American Arbitration Association (“AAA”) in accordance with the AAA’s
   Consumer Arbitration Rules and the Supplementary Procedures for Consumer
   Related Disputes (the “AAA Rules”) then in effect, except as modified by this
   Arbitration Agreement. The AAA Rules are available at www.adr.org or by
   calling the AAA at 1-800-778-7879. You and Photobucket (the “parties”) agree
   that the arbitrator (“Arbitrator”), and not any federal, state, or local
   court or agency, shall have exclusive authority to resolve any disputes
   relating to the interpretation, applicability, enforceability or formation of
   this Arbitration Agreement, including any claim that all or any part of this
   Arbitration Agreement is void or voidable. The Arbitrator shall also be
   responsible for determining all threshold arbitrability issues, including
   issues relating to whether the Terms of Use are unconscionable or illusory
   and any defense to arbitration, including waiver, delay, laches, or estoppel.
   Notwithstanding any choice of law or other provision in the Terms of Use, the
   parties agree and acknowledge that this Arbitration Agreement evidences a
   transaction involving interstate commerce and that the Federal Arbitration
   Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and
   enforcement and proceedings pursuant thereto. It is the intent of the parties
   that the FAA and AAA Rules shall preempt all state laws to the fullest extent
   permitted by law. If the FAA and AAA Rules are found to not apply to any
   issue that arises under this Arbitration Agreement or the enforcement
   thereof, then that issue shall be resolved under the laws of the state of
   Colorado.
 * 14.3 Process. A party who desires to initiate arbitration must provide the
   other party with a written Demand for Arbitration as specified in the AAA
   Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration
   Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator
   will be either (1) a retired judge or (2) an attorney specifically licensed
   to practice law in the state of Colorado and will be selected by the parties
   from the AAA’s roster of consumer dispute arbitrators. If the parties are
   unable to agree upon an Arbitrator within seven (7) days of delivery of the
   Demand for Arbitration, then the AAA will appoint the Arbitrator in
   accordance with the AAA Rules..
 * 14.4 Location and Procedure. Unless you and Photobucket otherwise agree, the
   arbitration will be conducted in the county where you reside. If your claim
   does not exceed $10,000, then the arbitration will be conducted solely on the
   basis of documents you and Photobucket submit to the Arbitrator, unless you
   request a hearing, or the Arbitrator determines that a hearing is necessary.
   If your claim exceeds $10,000, your right to a hearing will be determined by
   the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the
   discretion to direct a reasonable exchange of information by the parties,
   consistent with the expedited nature of the arbitration.
 * 14.5 Arbitrator’s Decision. The Arbitrator will render an award within the
   time frame specified in the AAA Rules. Judgment on the arbitration award may
   be entered in any court having competent jurisdiction to do so. The
   Arbitrator may award declaratory or injunctive relief only in favor of the
   claimant and only to the extent necessary to provide relief warranted by the
   claimant’s individual claim. An Arbitrator’s decision shall be final and
   binding on all parties. An Arbitrator’s decision and judgment thereon shall
   have no precedential or collateral estoppel effect. If you prevail in
   arbitration, you will be entitled to an award of attorneys’ fees and
   expenses, to the extent provided under applicable law. Photobucket will not
   seek, and hereby waives all rights Photobucket may have under applicable law
   to recover attorneys’ fees and expenses if Photobucket prevails in
   arbitration.
 * 14.6 Arbitrator Fees. Your responsibility to pay any AAA filing,
   administrative and arbitrator fees will be solely as set forth in the AAA
   Rules.
 * 14.7 Changes. Notwithstanding the provisions in Section 1 (Introduction) and
   Section 2 (Accepting These Terms of Use) above, regarding consent to be bound
   by amendments to these Terms of Use, if Photobucket changes this Arbitration
   Agreement after the date you first agreed to the Terms (or to any subsequent
   changes to the Terms), you may reject any such change to this Arbitration
   Agreement by providing Photobucket written notice of such rejection within
   sixty (60) days of the date such change became effective, as indicated in the
   Effective Date above. This written notice must be provided either (a) by mail
   or hand delivery to our registered agent for service of process, c/o
   Photobucket.com, Inc., 621 Kalamath Street, Suite 135, Denver, CO 80204 USA,
   or (b) by email from the email address associated with your Account to:
   support@photobucket.com. In order to be effective, the notice must include
   your full name and clearly indicate your intent to reject changes to this
   Arbitration Agreement.
 * 14.8 Severability and Survival. If any portion of this Arbitration Agreement
   is found to be unenforceable or unlawful for any reason, (1) the
   unenforceable or unlawful provision shall be severed from these Terms of Use;
   (2) severance of the unenforceable or unlawful provision shall have no impact
   whatsoever on the remainder of the Arbitration Agreement or the parties’
   ability to compel arbitration of any remaining claims on an individual basis
   pursuant to the Arbitration Agreement; and (3) to the extent that any claims
   must therefore proceed on a class, collective, consolidated, or
   representative basis, such claims must be litigated in a civil court of
   competent jurisdiction and not in arbitration, and the parties agree that
   litigation of those claims shall be stayed pending the outcome of any
   individual claims in arbitration.
 * 14.9 Opt-out for Authorized Users Who Signed Up Before July 22, 2024.



Authorized Users who signed up for an Account before July 22, 2024 will have the
option to opt out of the Arbitration Agreement within forty-five (45) days from
July 22, 2024. To opt-out of the Arbitration Agreement provisions of the Terms
of Use email us at policies@photobucket.com.

15. NOTICE

Photobucket may give notice by means of a general notice on the Services,
electronic mail to your email address in your Account, telephone or text message
to any phone number provided in connection with your Account, or by written
communication sent by first class mail or pre-paid post to any address connected
with your Account. Such notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by first class mail or
pre-paid post) or 12 hours after sending (if sent by email or telephone).

Any notice to Photobucket that is required or permitted by this Agreement shall
be in writing and shall be deemed effective upon receipt, when delivered via
email to support@photobucket.com or in person by nationally recognized overnight
courier or mailed by first class, registered or certified mail, postage prepaid,
to:

Photobucket.com, Inc.

Attn: Legal Department

621 Kalamath Street, Suite 135

Denver, CO 80204 USA

16. CONTACT INFORMATION

If you have any questions or concerns regarding use of the Services, please
contact us at:

support@photobucket.com

Our legal address is:

621 Kalamath Street, Suite 135

Denver, CO 80204 USA

You may request a copy of these Terms of Use by emailing us at
support@Photobucket.com, Subject: Terms of Use Agreement.

17. DO YOU NEED EXTRA HELP?

If you would like these Terms of Use, our Privacy Policy, Biometric Information
Privacy Policy, Copyright and Intellectual Property, and/or any other agreement
between you and Photobucket related to the Services in another format (for
example: audio, large print, braille) please contact us at
support@photobucket.com.

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