Terms of Use

(version 2017.11.09)

Picstars Ltd, a Swiss corporation with registered offices in Zurich, Switzerland and domicile at Bellariastrasse 7, 8002 Zurich, Switzerland (“Picstars”) provides services and products (“Picstars Services”) that enables you (the “Ambassador”) to turn your social media content into marketing instruments for brands (“The Brands”).

By accessing or using the Picstars Services, you, as an Ambassador and as a Brand, agree to be bound by these Terms of Use (the “Terms”) and by our policies (the “Policies”, such as the Privacy Policy; see www.picstars.net/policies).

Picstars Ltd reserves the right to make amendments to these Terms at any time and publish the most recent version of them on its website.

USING THE PICSTARS SERVICES

  1. a) Who can use Picstars Services

You may use the Picstars Services only in compliance with these Terms and all applicable law.

When you open an account with Picstars, you must provide us with accurate and complete information.

Some of our Picstars Services may be software that is downloaded or opened via web to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

  1. b) Our licence to you

Subject to these Terms and our Policies , we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Picstars Services. An an ambassador you acknowledge, that the use of the Picstars Services requires a compatible smartphone, the Picstars App or a third-party app that supports the Picstars Services, and various social media accounts.

FOR BRANDS

If you want to use the Picstars Services as a Brand, you must create a business account. (Please contact advertise@picstars.com in case that you want to use our business services.)

One of the Picstars services includes the placement of brand ambassadors.

As a brand, you confirm that Picstars acts purely as a mediator. The contractual relationship during a campaign only exists between the brand and the brand ambassador. The brand is therefore responsible for any control and, if necessary, intervention if a brand ambassador does not meet the expectations of the brand. This includes, among other things, posts which do not correspond to the specifications, texts, comments etc. By means of the Picstars Cockpit, however, the brand always has (and live) insight into the activities of its brand ambassadors and thus also the opportunity to contact and admonish the brand ambassador.

FOR AMBASSADORS

  1. a) Posting content

The Picstars Services enable you to share content, including photos, comments, links, and other materials (the “Ambassador Content”) on various social media channels by acting as ambassadors for Brands (including your own) and by specifically selecting and adding Brand logos and Brand campaigns (“Brand Material”) to your Ambassador Content. You retain all rights in, and are solely responsible for, the Ambassador Content you post by using the Picstars Services.

  1. b) How Picstars Ltd can use your content

You grant Picstars a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute your Ambassador Content on through your social media channels, the Picstars platforms (apps, websites, etc.) and partner platforms (partner apps, Brands apps, partner websites, Brand websites, integration in other media with widgets, etc.) for the purposes of operating, developing, providing, and using the Picstars Services. Nothing in these Terms shall restrict other legal rights Picstars may have to Ambassador Content, for example under other licenses. We reserve the right to remove or modify Ambassador Content for any reason, including Ambassador Content that we believe violates these Terms or our Policies.

You agree to give Picstars access to your social media accounts, profiles, pictures, posts, etc. in order for Picstars to modify your Ambassador Content, to publish it on social media platforms and to remove it thereof. You agree that Picstars places its own brand, Brand Material selected by you, comments, tags and, campaigns and other information on and to the Ambassador Content.

You agree and acknowledge that by publishing your Ambassador Content to the social media channels, you further accept the terms of such social media channels.

You agree and acknowledge that Picstars analyses the reach of your Ambassador Content on the various social media channels, including shares, likes, comments, tweets, re-tweets, etc.

  1. c) Acceptable usage

You acknowledge and agree that by publishing Ambassador Content with Brand Material you act as an ambassador of the Brands who provide the Brand Material. As such, you may not

  • manipulate or incentivize others in a harassing manner to distribute, share, like, re-tweet your Ambassador Content
  • Enrich yourself by proclaiming your posts to be liked, commented on and to be shared
  • promote Ambassador Content that is in competition with the products and services of the Brands you select on the Picstars Content
  • promote Ambassador Content that could harm to the reputation of the Brands you select on the Picstars Content

Further, you agree that you will not publish

  • content that is illegal, offensive, pictures nudity or other sexually suggestive content
  • hate speech, credible threats or direct attacks on an individual or group
  • content that is offensive, obscene, defamatory, harassing, slanderous, disparaging, defamatory
  • content that contains self-harm or excessive violence
  • fake or impostor profiles

Please note that further information and policies are available at www.picstars.com/policies.

SECURITY

We care about the security of our users. While we work to protect the security of your content and account, Picstars cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

BREACH

Picstars is entitled to ban you from using the Picstars Services at any time for objective reasons, in particular in the event of noncompliance with the Terms, and you shall not have any claim against Picstars as a result.

WARRANTY AND LIMITATION OF LIABILITY

Picstars is only liable for direct damages caused by its gross negligence or wilful intent. Any other liability is excluded.

Picstars may be temporarily unavailable or temporarily only partially available due to maintenance work or other reasons, and you shall not have any claim against Picstars as a result.

Picstars has not obligation to check your Ambassador Content and assumes no responsibility for it.

INDEMNIFICATION

In the event that third parties assert claims against Picstars due to infringement of their rights by you on the basis of your Ambassador Content or due to some other use of Picstars you, you shall indemnify Picstars from all claims and damages, including court costs and attorneys‘ fees.

MISCELLANEOUS

In the event that individual provisions of these Terms are invalid and/or null and void in full or in part, this shall not affect the validity and/or applicability of the other provisions or parts of such provisions. The invalid and/or null and void provisions shall be replaced by legally valid provisions that reflect the commercial meaning and intention of the invalid and/or null and void provisions as closely as possible.

APPLICABLE LAW AND JURISDICTION

All disputes between Picstars and you in connection with the use of the Picstars Services are subject to Swiss law. The exclusive legal venue is Zurich, Switzerland.