Terms of Service

See also our Privacy Policy

These terms of service ("Terms") cover your use and access to the services, client software and websites related to the mobile application Skipple, which is provided by Picaboo Yearbooks Corporation (PYB), whether through our websites located at GetSkipple.com or PYB’s mobile applications (Skipple), herein collectively referred to as “PYB Services” or "Services". By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

Your Content & Your Permissions

When you use PYB Services, you may provide us with content ("Your Content"). When you submit Your Content to the Service you give PYB permission to use the content to enable us to offer the Services. In addition, by submitting Your Content, you give PYB permission to use Your Content on the Service’s website for marketing purposes. Finally, by submitting Your Content, you give your school and its associated organizations permission to use Your Content in a publication, such as the school yearbook.

In order to offer the Service, we need your permission to do things like hosting Your Content, backing it up, and sharing it when you ask us to. Our Services also provide you with features like text creation, link creation, photo thumbnails, easy sorting, and sharing. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to trusted third parties we work with.

Sharing Your Content

Our Services let you share Your Content with others, so please think carefully about what you share.

Your Responsibilities

You're responsible for your conduct, please don't copy, upload, download or share content unless you have the right to do so.

In order to make Skipple a positive and valuable tool at your school, there are some limitations on the type of content that can be published on Skipple. These limitations comply with the law and make Skipple a better experience for all.

Impersonation: You may not impersonate others through the Twitter service in a manner that does or is intended to mislead, confuse, or deceive others.

Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names and/or logos to mislead others may be permanently suspended.

Private information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission. You may not post intimate photos or videos that were taken or distributed without the subject's consent.

Violence and Threats: You may not publish or post direct, specific threats of violence against others.

Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Reporting an Offensive Photo

At the time a user views a photo, the viewer may “flag” the photo using the flag provided in the application. This flag will automatically remove the photo from the system and place it in a file to be reviewed by an administrator. Only if the photo is deemed appropriate by the administrator will it reappear on the network.

In addition, we may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via our Services.

Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current if you are using a Service where you have an account.

Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.

Software

Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Service trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PYB AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PYB, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PYB HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO PYB FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against PYB, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or PYB may bring a formal proceeding.

You and PYB agree to resolve any claims relating to these Terms or the Services through final and binding arbitration.

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, the State of Delaware, or any other location we agree to.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Controlling Law

These Terms will be governed by Delaware law except for its conflicts of laws principles.

Entire Agreement

These Terms constitute the entire agreement between you and PYB with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

PYB’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PYB may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Effective: September 29, 2014