Last revised July 18, 2019

Thank you for visiting whatpic.com (the "Site"), operated by WhatPic.com. ("Whatpic" or "we" or "us"). Please carefully read these Terms of Use ("Terms") so you understand how we operate this Site, what we offer and how we can work together.

Please also read our Privacy and IP Policy. By using the Site and the Services, whether on a desktop computer or mobile device, (even if you're just visiting), you are agreeing to the Terms, Privacy Policy and Copyright and IP Policy posted at the time of your visit. 

About Us

Whatpic offers image uploading and sharing services (collectively referred to as the "Services") that are offered via the Site.

Our Customers

The Site is open to anyone 16 years of age or older, but some of the Services are only available to those people ("Subscribers") who have created an account (collectively, "Account"). You can visit the Site to search for, and view images ("Content") without registering as a Subscriber. 

Visitor and Subscriber Responsibilities

As either a Visitor or Subscriber, you 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 when becoming a Subscriber, 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;
• You will notify us if something changes;
• You are 16 years of age or older;
• You are not breaking any laws when you use the Services
• You will not resell any of the Services; and
• You will not violate these Terms.

You are responsible for the Content and activities in your Account, for protecting your Content with a secure password and not sharing your password with anyone. We recommend using a combination of numbers, symbols and lower and upper case letters to create a secure password.

Whatpic reserves the right to suspend, restrict or terminate your Account at any time, without warning for any violation of these Terms, with or without prior notice or explanation and without liability, and can even take legal action if needed. Termination of your Account may include, in Whatpic's sole discretion, permanently removing your Content without warning.

For example, we may terminate your Account if you infringe the intellectual property rights of others or if you commit illegal acts using the Site or Services although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the Site, or Services or suspend, restrict or terminate your Account when something similar occurs.

You may cease use of the Services at any time. Even after you are no longer using the Site, you will still be responsible for the promises you have made to us about your Content. You'll be responsible for any damages that result from your breaking those promises as further outlined below.

Types of Accounts

• Visiting: There is no cost to visit the Site for the purpose of conducting image searches, temporarily uploading images and sharing images.

• Free Account: In addition to the services described under "Visiting", above, each free account provides a limited amount of Content storage.

Content Rules

Whatpic continues to grow and get better because of users like you. We strive to create a place where everyone feels welcome, so please be mindful of others. Broadly speaking, please do not upload Content you didn't create, that violates somebody else's rights, demeans another person, is offensive or harassing, seeks personal information or passwords, is a form of spam or that is illegal. We reserve the right to restrict or terminate your use of the Site and our Services for violation of these prohibitions or similar activities.

Content & Privacy

You retain all your rights to any Content you submit, upload or display on or while using Whatpic. This means that you own all the Content you post.

• Notwithstanding, you grant us a worldwide, non-exclusive, royalty-free, non-revocable, right and license to copy, sell, convey, distribute, stream, post, publicly display (e.g. post it elsewhere), reproduce 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.
• By uploading your Content, you are also giving all other Site users the right to copy, distribute, publicly perform, publicly display, reproduce and create derivative works from it via the Site, third party websites or applications, provided such use is not for a commercial purpose.
• 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, contract rights, intellectual property rights or human rights of somebody else. If we learn that you are infringing others' rights or are using Content that is not yours, Whatpic has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement.
• Whatpic may manipulate your Content to offer the Services (including transcoding and/or reformatting Content) to allow its use throughout the Services.
• Whatpic has the right to place advertising, promotions, notifications or identifiers, banners and watermarks on or near your Content, and how and what are up to us.
• Whatpic 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 on the Site, such as links to "flag as inappropriate," so you can let us know if you find Content offensive. As a general rule, we allow "not safe for work" ("NSFW") content that is not illegal, violent, hateful or otherwise deemed to be overtly offensive by us in our sole discretion.
• If you stop using the Services, your Content may remain on the Site unless you actively remove your Content, and the rights you granted to us and other Site users remain. Notwithstanding, Whatpic may delete your Content in its sole discretion.
• In order to continue to improve the Site and Services, we may use software and other things on the Site that we own or that have been licensed to us ("Whatpic Software"). Whatpic has also created the look, feel and architecture of the Site and has posted certain images and videos ("Whatpic Content"). Together the Whatpic Content and Whatpic Software are the "Whatpic Materials." Whatpic Materials are ours and remain ours. Except in viewing the Site, you agree that you will not copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Whatpic Software. If you follow these Terms, you are entitled to use and display the Whatpic Content the same way you would use other Content on the Site.

Limits on Use

• It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other users' enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.
• It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining, robots or similar data gathering and extraction tools.
• You may not sell or share your Account access to anyone. For example, selling website templates to third parties with images linked from Whatpic.
• It is up to Whatpic whether to suspend, restrict or terminate your use for violation of these prohibitions or similar activities.

Other Important Guidelines

• You are solely responsible for your interactions with other Site users. Nonetheless, we reserve the right, but are not obligated, to intervene for the benefit of the Site and Services.
• These Terms, the Copyright and IP Policy and the Privacy Policy can change. Again, please carefully read this document and our other policies. We may announce if any "big" changes are made, but so long as you've used the Site or any Services after the change, regardless of any separate notice, you agree to the current posted version of the Terms.
• Our Site is hosted in the US. There may be more or fewer protections for you in your country than here.
• Software available in connection with the Site and services offered through the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
• These Terms are governed by, and interpreted in keeping with, the laws of the State of California, regardless of any conflict of law provisions. You and Whatpic agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Services.
• YOU AND WHATPIC SHALL MAKE A GOOD FAITH EFFORT TO RESOLVE ANY BREACH OF THESE TERMS, OR ANY OTHER DISPUTE ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THROUGH MEDIATION CONDUCTED WITHIN THIRTY (30) DAYS FOLLOWING FIRST ASSERTION OF THE BREACH OR DISPUTE. IF EIGHT (8) HOURS OF SUCH MEDIATION DOES NOT FULLY RESOLVE THE BREACH OR DISPUTE, OR IF THE PARTIES DO NOT CONDUCT SUCH MEDIATION, THE BREACH OR DISPUTE SHALL BE RESOLVED IN THE CITY OF DENVER BY BINDING ARBITRATION UNDER THE ADMINISTRATION AND RULES OF JAMS (HTTP://WWW.JAMSADR.COM). NOTWITHSTANDING THE FOREGOING MEDIATION AND ARBITRATION PROVISIONS, WHATPIC NEVER SHALL BE PRECLUDED OR DELAYED FROM SEEKING AND OBTAINING TEMPORARY, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AGAINST INFRINGEMENT OR OTHER VIOLATION OF ITS CLAIMED INTELLECTUAL PROPERTY RIGHTS, OR OTHER RELIEF THAT IT DEEMS REASONABLY NECESSARY TO DEFEND OR ENFORCE ITS RIGHTS OR THESE TERMS, IN ANY COURT(S) OF COMPETENT JURISDICTION. 
• As a Subscriber of Whatpic, if you become aware of misuse of the Services by any person, please email abuse@Whatpic.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, .
• You use the Site at your own risk and the Site and Services are provided "AS IS."
• We are not saying that the Site will meet any of your specific needs or that you will get any particular results if you use the Site. We are not responsible for the conduct of other users' conduct on- or off-line.
• We encourage you to always keep backups of your Content. Whatpic is not responsible if any of your Content is deleted, or if any modification, suspension or discontinuation of the Site or services causes you to lose any Content.
• While we make an effort to keep the Site up and running at all times, we are not responsible for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, Internet traffic or any other failure of any nature.
• You may watch or Follow our account on Twitter https://twitter.com/whatpicdotcom also known as @whatpicdotcom to be aware of any maintenance issues or outage windows while we do maintenance and or updates. While every effort is taken to provide as much notice to any outages as is humanly possible, this is not always the case and as such we will do what we can to provide advance notice whenever and wherever possible.
• We are not responsible for advertisements or applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
• The Site may contain links to other websites, wholly unrelated to Whatpic. For example, when you click on an advertisement or banner. If you click on an ad or banner, or otherwise click on links to third party sites, you will be leaving the Site. When you do, you will be governed by the terms of use and privacy policy of that other site. You should review that site's terms and policies.

Things to Keep in Mind

Though everything in these Terms and in our Copyright and IP Policy and our Privacy Policy is a binding contract, we need to let you know the following:

• Limitation on Liability. IN NO EVENT SHALL WHATPIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WHATPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHATPIC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WHATPIC FOR THE SERVICES DURING THE THEN CURRENT ACCOUNT TERM. FREE ACCOUNT AND OTHER USERS ACKNOWLEDGE AND AGREE THAT WHATPIC SHALL HAVE NO LIABILITY TO THEM IN THE EVENT THAT SUCH FREE ACCOUNT OR OTHER USERS USE OF THE SERVICES IS RESTRICTED OR TERMINATED FOR ANY REASON OR NO REASON.
• Your Indemnity to Us. If you breach any of the representations made herein regarding your rights in the Content, or your uploading of Content violates any of the promises you have made, you agree to indemnify, defend and hold Whatpic, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and Services in violation of that and/or arising from any Content that you post on or through the Site and Services.
• Some Obligations Continue Even After You've Gone. 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 Site and Services. Obligations you owed to us and other Site users, which by their nature are intended to survive closing or termination, will survive.

Contact Us

• Get Copies: You may request a copy of these Terms by emailing us at terms@whatpic.com, Subject: Terms of Use Agreement.

Questions? Please contact us at support@whatpic.com