End User License Agreement



This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and MCC Development LLC (“Licensor”), the author of PicPortal, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts, and programs, both in object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Software.

1. Grant of License

  • A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
  • B) Installation and Use. Licensee may install and use an unlimited number of copies of the Software solely for Licensee's business and personal use.

2. Description of Rights and Limitations

  • A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
  • B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as-needed basis.
  • C) Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer.

3. Title to Software.

Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

4. Intellectual Property.

All now known or hereafter known tangible and intangible rights, title, interest, copyrights, and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.

5. Support.

Licensor will provide phone support, available during normal business hours as needed.

6. Duration.

This EULA is effective during the period of the active subscription or until:

  • A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
  • B) Terminated or suspended by Licensor, with or without cause.

In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the Software.

7. Jurisdiction.

This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Utah, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Salt Lake City, UT, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses, including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

8. Non-Transferable.

This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.

9. Severability.

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power, or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

10. WARRANTY DISCLAIMER.

LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE.

11. LIMITATION OF LIABILITY.

LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, FOR ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

12. Entire Agreement.

This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.

13. Additional Provisions and/or Disclosures.

Last updated on 10/29/2024. This Privacy Policy describes PicPortal's policies and procedures on the collection, use, and disclosure of your information when you use our Service. It informs you about your privacy rights and how the law protects you. We use your personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. Interpretation and Definitions Interpretation: Capitalized words have meanings defined under the following conditions. The definitions apply whether the words appear in singular or plural form. Definitions: For the purposes of this Privacy Policy:

  • "Account" refers to a unique account created for you to access our Service.
  • "Company" (referred to as "the Company," "We," "Us," or "Our") refers to PicPortal.
  • "Country" refers to the United States.
  • "Cookies" are small files placed on your computer, mobile device, or other device by a website, containing details of your browsing history on that website.
  • "Device" means any device that can access the Service, such as a computer, cell phone, or tablet.
  • "Personal Data" is any information that relates to an identified or identifiable individual.
  • "Service" refers to the Website.
  • "Service Provider" means any natural or legal person who processes data on behalf of the Company. This includes third-party companies or individuals employed by the Company to facilitate the Service, provide the Service on behalf of the Company, or assist in analyzing how the Service is used.
  • "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (e.g., duration of a page visit).
  • "Website" refers to PicPortal, accessible from www.picportal.com.
  • "You" means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data: While using our Service, we may ask you to provide certain personally identifiable information to contact or identify you. This may include, but is not limited to:

  • Email address
  • First and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

Usage Data: Usage Data is collected automatically when using the Service. This may include information such as:

  • Your Device's IP address
  • Browser type and version
  • Pages of our Service that you visit
  • Time and date of your visit, time spent on those pages
  • Unique device identifiers and other diagnostic data

When you access the Service by or through a mobile device, we may collect additional information automatically, including:

  • Type of mobile device you use
  • Mobile device unique ID
  • IP address of your mobile device
  • Mobile operating system and browser type
  • Unique device identifiers and other diagnostic data

Tracking Technologies and Cookies: We use Cookies and similar tracking technologies to track activity on our Service and store certain information. The technologies we use may include:

  • Cookies or Browser Cookies: A small file placed on your device. You can instruct your browser to refuse all Cookies or indicate when a Cookie is being sent.
  • Web Beacons: Certain sections of our Service and our emails may contain small electronic files known as web beacons to count users who have visited pages or opened emails.

We use both Session and Persistent Cookies for the following purposes:

  • Necessary / Essential Cookies: These are essential to provide services available through the Website and prevent fraudulent use.
  • Cookies Policy / Notice Acceptance Cookies: These indicate if users have accepted cookies on the Website.
  • Functionality Cookies: Allow us to remember choices you make for a more personalized experience.
  • Tracking and Performance Cookies: Track traffic and usage information to improve the Website and monitor user interaction with pages and features.

Use of Your Personal Data: PicPortal may use Personal Data for the following purposes:

  • To provide and maintain our Service, including monitoring usage.
  • To manage Your Account as a registered user.
  • For contract performance for purchased products, items, or services.
  • To contact you regarding updates or communications related to our services.
  • To provide news, special offers, and general information about other goods and services, unless you opt out.
  • To manage your requests.
  • For business transfers, should PicPortal merge, reorganize, or transfer assets.
  • For other purposes, such as data analysis, identifying usage trends, and evaluating and improving our Service.

We may share your personal information in certain situations:

  • With Service Providers to monitor and analyze the use of our Service.
  • For business transfers in mergers, sales of assets, or acquisitions.
  • With affiliates, in which case we require affiliates to honor this Privacy Policy.
  • With business partners to offer products or promotions.
  • With other users when interacting publicly on the Service.
  • With your consent for any other purpose.

Retention of Your Personal Data: PicPortal retains your Personal Data only as necessary for purposes outlined in this Privacy Policy, in compliance with legal obligations, and for dispute resolution.

Transfer of Your Personal Data: Your information, including Personal Data, may be transferred to and maintained on computers outside of your jurisdiction. We will ensure that any data transfer is treated securely and in accordance with this Privacy Policy.

Disclosure of Your Personal Data

  • Business Transactions: In the event of a merger, acquisition, or asset sale, Personal Data may be transferred.
  • Law Enforcement and Legal Requirements: We may disclose your data as required by law or to protect the rights, safety, or property of PicPortal and its users.

Security of Your Personal Data: We strive to use commercially acceptable means to protect your Personal Data but cannot guarantee absolute security.

Detailed Information on the Processing of Your Personal Data: Our Service Providers may have access to your Personal Data and process it per their privacy policies.

Analytics: We may use third-party Service providers to monitor and analyze Service usage.

GDPR Data Protection Rights: If you are a resident of the European Economic Area, you have certain data protection rights, including:

  • The right to access and receive copies of your Personal Data.
  • The right to rectify or erase Personal Data.
  • The right to restrict or object to the processing of your Personal Data.
  • The right to data portability.

If you make a request, we will respond within a reasonable timeframe.

California Privacy Rights: California residents can request a list of Personal Data shared with third parties for direct marketing purposes. Please contact us if you wish to opt-out of such sharing.

Changes to This Privacy Policy: We may update this Privacy Policy from time to time. The "Last Updated" date at the top of the page reflects the date of the most recent revision.

Contact Us: If you have any questions about this Privacy Policy, please contact us at support@picportal.com.