Welcome to Piufoto!
Introduction
Thank you for using the Piufoto platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The service allows individuals, photographers, enterprises, and media to achieve live picture broadcast, sharing and cooperation effects through Piufoto.
Your Service Provider
The entity providing services is ALLTUU, a company operating under Chinese laws, located in Hangzhou, China ("Piufoto", "we", "the Company" for short). In these terms, "affiliates" of Piufoto refer to other companies within the ALLTUU Group of Companies (now or in the future).
Applicable Terms
Your use of the Service is subject to these terms, and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You must be at least 18 years old to use the Service; however, children of all ages may use the Service if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.
Businesses
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
The content on the Service includes photos, videos, audio (for example music and other sounds), graphics, text (such as comments and introduce), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Piufoto or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. Piufoto is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you can report it to us.
Piufoto Accounts
You can use parts of the Service, such as browsing and share for Content, without having a Piufoto account. However, you do need a Piufoto account to use some features. With a features account, you may be able to create your own Piufoto live picture album, and more.
Creating a Piufoto live picture album will give you access to additional features and functions, such as uploading pictures，uploading videos，Piufoto AI(artificial intelligence) picture beautification service， creating album collection (where available).
To protect your Piufoto account, keep your password confidential. You should not reuse your Piufoto account password on third-party applications.
If you sign up for a Piufoto account with an email address provisioned by your organisation,your organisation may be able to block your use of Piufoto until you associate your Piufoto account with a personal email address.
Piufoto End Users
For services sold based on End User Licences, Administrator may provision End User Accounts up to the number of End User Licences purchased through one or more Order Forms
After paying for your Piufoto account, you can invite others to join your team and become an End User Account. At the same time, your Piufoto account can also join other teams. If you join teams, you must use it in compliance with your organisation’s terms and policies. Please note that accounts are subject to your organisation's control. Your administrators may be able to access, disclose, restrict or remove information from your account upload.They may also be able to restrict or terminate your access to a teams account.
If administrator deletes an User Account, the End User Licence may be reallocated to provision a new End User Account.
Responsibility. Customer is responsible for use of the Services by its End Users. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in the Agreement and to allow Piufoto to deliver the Services.
Your Information&Your Stuff & Your Permissions
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The Piufoto Kids Privacy Notice provides additional information about our privacy practices that are specific to Piufoto Kids.
When you use our Services, you provide us with things like your files, content, messages, contacts and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Stuff, backing it up and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, image thumbnails, AI(artificial intelligence) picture beautification service,add watermark and personalisation to help reduce busywork. To provide these and other features, Piufoto accesses, stores and scans Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.
The following restrictions apply to your use of the Service. You are not allowed to:
1.access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Piufoto and, if applicable, the respective rights holders;
2.circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
3.access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Pifoto’s robots.txt file; or (b) with Pifoto’sprior written permission;
4.probe,scan or test the vulnerability or network ;
5.breach or otherwifse circumvent any security or authentication measeres;
6.Access，tamper with or use non-public areas or parts of th Services,or shared areas of the Services you haven’t been inveted to;
7.Access,search or create accounts for the Services by any means other than our publicly supported interfaces (for example “scaraping” or creating accounts in bulk);
8.Send altered,deceptive or false source-identifying information,including”spoofing”or”phishing”;
9.abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
10.circumvent storage space limits;
11.sell the Services unless specifically authorised to do so;
12.publish, share or store materials that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors) or unlawful pornography or are otherwise indecent;
13.publish, share or store content that contains or promotes extreme acts of violence or terrorist activity, including terror propaganda;
14.advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;
15.harass or abuse Piufoto personnel or representatives or agents performing services on behalf of Piufoto;
16.violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory or misleading or that violates the intellectual property rights of others;
17.violate the privacy or infringe the rights of others;
18.use the Services to back up, or as infrastructure for, your own cloud services;
19.use the storage space provided by the Services as the basis for cryptographic proof-of-space or proof-of-storage, or any similar proof system.
20.collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
21.use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
22.cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
23.misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
24.use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen Piufoto or stream music from the Service); or
25.use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Piufoto policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Piufoto videos are the main draw for users visiting the webpage).
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Piufoto.
Develop, Improve and Update the Service
Piufoto is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Piufoto Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Piufoto Account subject to applicable law and policies.
Your Content and Conduct
Your Content and Conduct
If you have Piufoto live picture album, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Piufoto.
License to Piufoto
By providing Content to the Service, you grant to Piufoto a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Piufoto’s (and its successors’ and Affiliates’) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as picture playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Piufoto may retain, but not display, distribute, or perform, server copies of your pictures and videos that have been removed or deleted.
Right to Monetize
You grant to Piufoto the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from Piufoto under any other agreement between you and Piufoto (including for example payments under the reward,Pay to remove watermark ) will be treated as royalties. If required by law, Piufoto will withhold taxes from such payments.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Piufoto
If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Piufoto, our users, or third parties, we reserve the right to remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Piufoto or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Piufoto or our Affiliates.
Piucloud use strike
Piufoto operates a system of “strikes” in respect of Content that violates the Insufficient free Piucloud. Each strike comes with varying restrictions and may result in the permanent removal of your Live picture album from Piufoto. A full description of how a strike affects your Live picture album is available on the Piucloud management page. If you believe that a strike has been issued in error, you may contact us.
If your channel has been restricted due to a strike, you must not use another channel to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Piufoto reserves the right to terminate your Piufoto account or your access to all or part of the Service.
Copyright Protection
Piufoto follows all applicable copyright laws and takes copyright infringement extremely seriously. Piufoto will process copyright complaints submitted to us under applicable copyright legislation at service@piufoto.com.
When sending a complaint, please provide the following information:
We will respond to complaints in the order we receive them. Sending multiple complaints will not accelerate the process. Please note that information concerning the complaint, including Your full name, email, address, and other information, will be forwarded to the user implicated in the complaint. If You would prefer that Your information is not disclosed, You may appoint an agent to file the complaint on Your behalf.
Authorization of the user:
When you use the Piufoto service, if you need Piufoto to process photo information, you need to ensure that you have obtained the following authorization from the user before uploading the user information to Piufoto: (1) You have the right to collect user information, including but not It is limited to face photos, body photos, etc., and has the right to submit the above information to Piufoto for use; (2) Piufoto has the right to obtain the above information from you, and return the processing results to you after processing according to the service you choose; (3) Piufoto The right to save user data and use it for internal research purposes of Piufoto and its affiliates, mainly to improve the accuracy of face recognition, algorithm upgrades and improve our products and services, etc.;
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time.Delete the Service from your Piufoto Account, which involves closing your Piufoto live picture album and removing your data. You also have the option to download a copy of your data first.Refunds are only issued if required by law.
Your Paid Account will remain in effect until cancelled or terminated under these Terms.If you have been added a collaboration identity by the administrator of another account, such as photographer, graphic repairer, etc., the administrator may cancel your identity at any time. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.
We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business or changes in economic conditions. You can choose whether to continue using when renewing.
Terminations and Suspensions by Piufoto
Piufoto reserves the right to suspend or terminate your Piufoto account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Piufoto or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Piufoto unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Piufoto or our Affiliates.
Effect of Account Suspension or Termination
If your Piufoto account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
About Software in the Service
Downloadable Software
When the Service requires or includes downloadable software (such as the Piufoto Studio application), unless that software is governed by additional terms which provide a license, Piufoto gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Piufoto as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Piufoto, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Piufoto’s written permission.
Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
Warranty Disclaimer
Other than as expressly stated in this agreement or as required by law, the service is provided “as is” and to the maximum extent permitted by applicable law, Piufoto does not make any warranty of any kind, whether express, implied, statutory or otherwise (including, without limitation, warranties of merchantability, fitness for a particular use, and noninfringement). for example, we don’t make any warranties about: (a) The content provided through the service; (b) The specific features of the service, or its accuracy, reliability, availability, or ability to meet your needs; (c) That any content you submit will be accessible on the service.
Piufoto does not warrant that the operation of the Piufoto website and/or Piufoto platform will be uninterrupted, secure, or error free, or that any errors or failures will be corrected. Piufoto is not responsible or liable for the loss of or damage to your content, or the impact that any problems you encounter on the Piufoto website and/or Piufoto platform may have on your relationship with your clients.
You use the Piufoto website and/or Piufoto platform at your own risk, and you are responsible for complying with all local laws, rules and regulations, including local rules regarding online conduct and acceptable content. To the maximum extent allowed by applicable laws, and notwithstanding any failure of essential purpose of any limited remedy, (1) in no event will Piufoto be liable to you for special, indirect, consequential, or any other damages of like kind whatsoever (however caused and regardless of the theory of liability, whether derived from contract, tort (including without limitation negligence) or otherwise), including, without limitation, loss of profits, loss of revenue, loss of use, loss of data, business interruption, cost of procurement of substitute goods or services or other cover, or any other similar commercial or economic loss of any kind, even if advised of the possibility thereof, nor will Piufoto be liable for any damages whatsoever resulting from a force majeure or an act of a third party or of no fault on its behalf; and (2) the total cumulative collective liability of Piufoto for all costs, losses or damages from all claims, actions or suits, however caused, arising from or in relation to the Piufoto website(s) will not exceed $500 or the amount you paid to Piufoto for Piufoto services in the twelve (12) months preceding the claim.
Beta Services.
a.Use In Customer's Discretion. Despite anything to the contrary in the Agreement: (a) Customer may choose to use Beta Services in its sole discretion; (b) Beta Services may not be supported and may be changed at any time without notice; (c) Beta Services may not be as reliable or available as the Services; (d) Beta Services have not been subjected to the same Security Measures and auditing to which the Services have been subjected; and (e) Piufoto WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK.
b.Feedback. Piufoto offers Beta Services in order to get user feedback. In exchange for using Beta Services, Customer Agrees that Piufoto may contact Customer and its End Users to obtain Feedback regarding Beta Services.
c.Confidential. Beta Services are confidential until officially launched by Piufoto, and Customer will treat the Beta Services, and any documentation, specifications or instructions related to the Beta Services, as Confidential Information of Piufoto.
Limitation of Liability
Except as required by applicable law, Piufoto, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; Loss or corruption of data; Indirect or consequential loss; Punitive damages caused by:
1. Errors, mistakes, or inaccuracies on the service;
2.Personal injury or property damage resulting from your use of the service;
3.Any unauthorized access to or use of the service;
4.Any interruption or cessation of the service;
5.Any viruses or malicious code transmitted to or through the service by any third party;
6.Any content whether submitted by a user or Piufoto, including your use of content; and/or
7. The removal or unavailability of any content.
This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
To the extent permitted by applicable law, Piufoto and its affiliates’ total liability for any claims arising from or relating to the service is limited to the greater of: (a) The amount of revenue that Piufoto has paid to you from your use of the service in the 12 months before the date of your notice, in writing to Piufoto, of the claim and (b) Usd $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Piufoto, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) Any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Piufoto. Piufoto has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; We suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by CHIAN law, except China’s conflict of laws rules, and will be litigated exclusively in the courts of Courts in Hangzhou, China. You and Piufoto consent to personal jurisdiction in those courts.
Waiver
Except as expressly provided herein, a party may waive its rights under Piufoto Terms only by a written document executed by both parties. Any failure or delay to enforce any provision of Piufoto Terms will not constitute a waiver thereof or of any other provision hereof.
Section Headings
The rights You grant to Piufoto under Piufoto Terms will remain in effect even if You stop using Piufoto Website(s).
Enforceability
If for any reason a court of competent jurisdiction finds any provision of Piufoto Terms (or any portion thereof) to be unenforceable, that provision (or any such portion) will be enforced to the maximum extent permissible so as to effect the intent of Piufoto Terms, and the remainder of Piufoto Terms will continue in full force and effect.
Assignment
You may not assign or delegate Piufoto Terms or any of Your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Piufoto may assign or sub-contract any of its rights or obligations under Piufoto Terms.
Entire Agreement
Piufoto Terms contain the entire agreement between You and Piufoto with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Piufoto.com and/or the Piufoto Platform. In the event of any conflict or inconsistency between any of the terms and conditions of Piufoto Terms and any third-party terms and conditions for services that are integrated with the Piufoto Website and/or the Piufoto Platform, Piufoto Terms will control with regard to Your use of the Piufoto Website and/or Piufoto Platform. In the event of a conflict between Piufoto Terms and the Privacy Policy, the Privacy Policy will control, solely to the extent of such conflict