Photobucket Terms of Use — full text

Effective Date: August 11, 2026

1. INTRODUCTION

These Terms of Use ("Terms of Use") apply to your use of Groupsy by Photobucket, a service operated by Photobucket.com, Inc. ("Photobucket," "we," "our," or "us"), including our website ("Site"), Groupsy application ("App"), and other services such as photo and video sharing, storage, and group collaboration (the Site, App, and services individually and collectively, the "Services"). Wherever used in these Terms of Use, "you," "your," or similar terms refer to the person or legal entity accessing or using our Services. If you will be using the Services on behalf of an organization, you agree to these Terms of Use on behalf of that organization and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that organization. Capitalized terms are defined below, in our Privacy Policy, or in our Biometric Information Privacy Policy.

2. ACCEPTING THESE TERMS OF USE

Please read these Terms of Use carefully before using the Services. These Terms of Use, together with Photobucket's Privacy Policy, Biometric Information Privacy Policy, Regional Privacy Disclosures Notice, Intellectual Property Policy, and any other agreement between you and Photobucket related to the Services (collectively, the "Agreements") set forth the terms on which Photobucket provides the Services to you. By accessing or using our Services or interacting with us either online or offline, you agree to be bound by the terms of the Agreements. If you do not agree to all the terms and conditions of these Agreements, you should not and are not permitted to use the Services.

EXCEPT AS PROVIDED HEREIN, THESE TERMS OF USE EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS WITH YOU. PHOTOBUCKET MAY TERMINATE THESE TERMS OF USE OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, SUBJECT TO APPLICABLE LAW AND THE TERMS OF SECTION 12. IF WE MAKE CHANGES TO ANY OF THE AGREEMENTS, WE WILL TAKE APPROPRIATE MEASURES TO INFORM YOU IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING POSTING A REVISED VERSION THROUGH THE SERVICES AND PROVIDING A SEPARATE NOTICE (WHICH MAY TAKE THE FORM OF AN EMAIL, BANNER, IN-APP NOTIFICATION, OR OTHER NOTIFICATION METHOD).

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH IN SECTION 14 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PHOTOBUCKET ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY CREATING AN ACCOUNT OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THESE TERMS OF USE AND THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. IF YOU DO NOT AGREE TO THE ARBITRATION AGREEMENT, YOU MUST NOT USE THE SERVICES.

If you do not agree to these Terms of Use, please:

Do not start using the Services or discontinue use if you have already started.
Do not submit any Personal Information or User Uploaded Content.

3. USE OF THE SERVICES

3.1 Authorized Users and Age Requirements

"Authorized User" refers to a person who is at least eighteen (18) years of age or, if the applicable law in their jurisdiction requires a higher age for entering into binding agreements or consenting to the collection and use of personal data, that higher age; can legally form a binding agreement with Photobucket; and is not legally prohibited from using the Services.

Minimum Age. You must be at least eighteen (18) years of age to use the Services. Where applicable law in your jurisdiction sets a different minimum age for entering into binding agreements or for consent to the collection and use of personal data, the higher of that age or eighteen (18) applies. By using the Services, you represent and warrant that you meet the minimum age requirement applicable in your jurisdiction.

No Use by Minors. The Services are not directed to, and may not be used by, individuals who do not meet the minimum age requirement described above. If you do not meet that requirement, you must not access or use the Services or provide any information to Photobucket through the Services.

Parental and Guardian Responsibility. If you are a parent or legal guardian and you believe your child has accessed or used the Services or provided personal information to Photobucket without meeting the minimum age requirement, please contact us immediately at support@photobucket.com. Photobucket will promptly investigate and, where confirmed, delete any personal information collected from an underage user.

Misrepresentation of Age. If Photobucket discovers or has reason to believe that a user has misrepresented their age, Photobucket reserves the right to immediately suspend or terminate the Account, delete any associated content, and take any additional steps required by applicable law.

3.2 Subscriber, Account

"Subscriber" refers to a person or legal entity accessing or using at least one of the Services who has created either a Free Plan Account, a Legacy Free Account, a Plus Plan Account, or a Group Member Account (individually and collectively, "Account"). As a Subscriber, you are responsible for all activities that occur under your Account, including any actions taken by third parties who access your Account, whether or not such access was authorized by you. You also 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, that you will be required to confirm upon registration, and/or any time thereafter, via a confirming email which will require a response to complete your registration or keep your Account active. Alternatively, you may sign up with a verified account source, e.g., Apple or Google.
You will promptly update your Account information, including your email address and billing details, and notify us of any changes to ensure that your information remains accurate and current.
You meet the minimum age requirement set forth in Section 3.1.
You are not breaking any laws when you use the Services.
You will not resell any of the Services.
You will not violate these Terms of Use as a Subscriber.

3.3 Modifications to Services

Photobucket may change, suspend, or discontinue any or all of the Services at any time, subject to applicable law and, where required, reasonable notice to you. Photobucket retains the right to create limits on the use of the Services at its sole discretion, with or without notice.

3.4 Prohibited Use

You may not do any of the following (collectively and individually "Prohibited Use") while accessing or using the Services:

Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Photobucket and/or its service providers.
Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Photobucket (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Photobucket, or unless permitted by Photobucket (e.g., via a robots.txt file or other robot exclusion mechanisms).
Use any robot, spider, or other automated device, process, or means, or any manual process, to access, monitor, harvest, scrape, or otherwise copy any material or information from the Services, without Photobucket's express prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services, including by soliciting passwords or Personal Information from any other person or by impersonating any other person or entity.
Sell or share your Account access.
Use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers.
Use the Services to defame another Authorized User or to make credible threats, hate speech, or otherwise degrade, shame, or discriminate against another Authorized User.
Upload Content that falls under one of the following categories: obscenity (nudity is acceptable but no explicit content), fighting words, defamation (including libel and slander), child pornography, perjury, blackmail, incitement to imminent lawless action, true threats, solicitations to commit crimes, seeks Personal Information of others, spam, or is otherwise illegal, and/or Content you did not create or otherwise have the legal right to use. This prohibition includes real and AI-generated content.
Use the Services in a manner that violates any applicable law, regulation, and/or right of an individual.
Interfere with, or disrupt (or attempt to do so), the access of any other user of the Services, host, or network, including without limitation by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

3.5 Enforcement; Suspension and Termination

Without limiting any other rights set forth in these Terms of Use, Photobucket reserves the right, in its sole discretion and to the fullest extent permitted by applicable law, to suspend, restrict, or terminate your Account and access to the Services at any time, with or without notice, if Photobucket determines or reasonably suspects that you have violated these Terms of Use, including by uploading, sharing, or facilitating the distribution of Content that is illegal, infringing, or otherwise prohibited.

In such cases, Photobucket may also remove or disable access to any associated Content and may suspend, restrict, or terminate access for any users associated with or invited to the applicable Account, Group, or shared environment. Photobucket may take any additional actions it deems appropriate to comply with applicable law, enforce these Terms of Use, or protect the Services, its users, or third parties.

3.6 Accounts and Passwords

To access or use the Services, you may be required to create an Account. When you create the Account, you must provide up-to-date information. In connection with your Account, you will be required to create a password. It is important that you keep your password confidential and that you do not share or disclose it with any third party. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Account password and for all activity that occurs under your Account. Each Authorized User is only permitted to create a single Account, unless otherwise expressly authorized by Photobucket. We recommend using a combination of numbers, symbols, and lower and upper case letters to create a secure password.

3.7 Types of Accounts

Photobucket offers different account types: a Free Plan Account, a Legacy Free Account, and a Plus Plan Account. The specific features, storage limits, pricing, and other quotas applicable to each account type ("Plan Specifications") are described on our Account Types and Features page, which is incorporated into these Terms of Use by reference. Photobucket reserves the right to modify Plan Specifications, including eligibility criteria, features, storage limits, and pricing, at any time, with reasonable notice provided through the Account Types and Features page or other means as Photobucket deems appropriate. Your continued use of the Services following any such change constitutes your acceptance of the updated Plan Specifications. Nothing in this Section 3.7 limits the payment, refund, and cancellation terms set forth in Section 3.7.3.1, which govern regardless of any change to Plan Specifications.

3.7.1 Free Plan Account

Photobucket offers a Free Plan Account ("Free Plan") to eligible users. Eligibility is limited to new Groupsy sign-ups and to certain Legacy Free Account holders at Photobucket's sole discretion. Photobucket reserves the right to determine and modify Free Plan eligibility criteria, features, and limitations at any time without prior notice. The current Group and Library item limits, and the full list of Free Plan features, are described on our Account Types and Features page.

Storage Limits and Visibility. The item limit described on the Account Types and Features page applies independently to your Library and to each Group you own; they do not share a combined storage pool. If a batch upload causes the total to exceed that limit, the upload will go through, but only the most recent uploads up to that limit will remain fully visible. Older uploads will be blurred but not deleted. Once a Group you own reaches its item limit, subsequent uploads by any Group member will be blocked, and members will be prompted to contact you to upgrade. Upgrading to a Plus Plan immediately unblurs all previously blurred content and restores full upload access.

Photobucket reserves the right to change the terms, services, and features of the Free Plan at any time, as reflected on the Account Types and Features page.

3.7.2 Legacy Free Account

"Legacy Free Account" refers to accounts for services that Photobucket previously allowed users to sign up for, which permitted users to upload and store Content through the Photobucket Services free of charge. Photobucket has ended the ability for users to sign up for new Legacy Free Accounts. If you currently hold a Legacy Free Account, you may not continue to access it unless and until you select a Plus Plan Account or are determined by Photobucket in its sole discretion to be eligible for a Free Plan Account. If you do not convert your Legacy Free Account to a Plus Plan Account, we may, in our sole discretion and without notice, delete your Account and/or your Content. If you notify us at support@photobucket.com prior to account deletion, we can provide you a download link so that you may download your Content. You may also request to have your Account and its Content deleted.

3.7.3 Plus Plan Account

"Plus Plan Account" refers to Photobucket's paid subscription option ("Plus Plan") that gives the Subscriber expanded storage, additional features, and other services, as described on our Account Types and Features page. The Plus Plan is billed on a monthly or annual basis, at your option, at the rates then in effect as described on the Account Types and Features page. To the extent permissible by law, we will automatically renew your Plus Plan subscription in accordance with your selected billing frequency. Photobucket reserves the right to change the price, services, and features of the Plus Plan at any time with reasonable notice, as reflected on the Account Types and Features page.

A Plus Plan subscriber receives everything in the Free Plan, plus expanded storage and additional features, including access to the FaceFinder Feature (described in Section 5.2), which remains available exclusively to Plus Plan subscribers regardless of any other change to Plus Plan features. The current Plus Plan storage limit, additional-storage purchase options, and full feature list are described on our Account Types and Features page.

Legacy Paid Plan Subscribers. If you subscribed to a Photobucket paid plan that Photobucket no longer offers to new subscribers (a "Legacy Paid Plan"), you will receive the same features, tools, and benefits made available to Plus Plan subscribers under this Section 3.7.3 and as described on the Account Types and Features page, without any increase to the subscription price you were paying as of the Effective Date of these Terms of Use. Photobucket reserves the right to change the price applicable to your Legacy Paid Plan in the future, subject to the notice provisions of Section 8. Except as set forth in this paragraph, your Legacy Paid Plan subscription is governed by the same terms applicable to Plus Plan Accounts under this Section 3.7.3, including Section 3.7.3.1 (Payments, Expirations, Refunds, and Cancellations), and for purposes of these Terms of Use, including Section 5.2 (FaceFinder Feature), you will be treated as a Plus Plan subscriber.

If a Plus Plan subscriber's total storage across all Groups owned and the Library exceeds their purchased storage limit, content exceeding that limit may become unavailable until the subscriber purchases additional storage or reduces their total stored Content. Upgrading to a Plus Plan immediately unblurs any previously blurred content in the subscriber's Library and Groups. Current Plus Plan tiers, features, and pricing are described on our Account Types and Features page.

Additional Features. When you upgrade to a Plus Plan, you will receive Premium Support with direct access to our technical support team, as further described on the Account Types and Features page.

3.7.3.1 Payments, Expirations, Refunds, and Cancellations

When you subscribe to a Plus Plan Account, you authorize Photobucket to charge you using your selected payment method for all applicable fees. Photobucket will automatically charge your payment method monthly or annually, as applicable and to the extent permissible by law, unless you notify us that you want to cancel or disable auto-renewal prior to the next renewal date.

Plus Plan subscribers are responsible for providing (and updating when necessary) complete and accurate billing and contact information to Photobucket, and for all applicable taxes.

Plus Plan subscribers may cancel at any time by contacting support@photobucket.com. If you cancel, you will not be charged for any future subscription term and will continue to receive the Services you purchased through the end of the current paid term, except as provided below.

Fees are non-refundable except as required by applicable law. Where required by applicable law, we will provide prorated refunds for unused portions of a subscription term. In addition, regardless of jurisdiction, you may request a cancellation and refund within forty-eight (48) hours ("Refund Period") of initiating your subscription payment or renewing an existing subscription by contacting support@photobucket.com. Requests must be received within the Refund Period; no exceptions will be made to this deadline. Nothing in this section limits any statutory rights you may have under applicable consumer protection law.

If any fee is not paid in a timely manner, or Photobucket is unable to process your transaction using the payment information provided, Photobucket may suspend or terminate your Account until the applicable payment is made.

3.7.4 Group Members

All Photobucket subscribers who create Groups may invite other people ("Group Members") to access, view, upload Content to, and contribute to those Groups. Group Members may also add comments and reactions to content within any Group to which they have been invited, subject to Section 5.3 of these Terms of Use. Group Members may access a subscriber's Groups until such time as the subscribing owner either removes the Group Member's access, deletes the applicable Group, cancels or downgrades their Plus Plan subscription (where applicable), or Photobucket removes access in accordance with these Terms of Use.

When accepting an invitation to a Group, Group Members may be required to create an Account but are not required to provide a payment method solely to access another subscriber's Group. Upload limits within any Group are governed by the Group owner's plan.

3.8 Third Party Services

The Services may include functionality that allows certain kinds of interactions between the Services and a service offered by a third party, such as photo printing, digitization, and payment services ("Third Party Service"), including WhatsApp and Meta integrations. You acknowledge that these Third Party Services may be subject to different terms of use or other terms, and you agree to comply with those terms. You further acknowledge and agree that Photobucket is not responsible for any Third Party Services and Photobucket is not liable for the functionality or unavailability of any Third Party Service.

4. PRIVACY

You own, and are responsible for, all Content you submit, upload, or display on or while using Groupsy. Any information you provide to Photobucket is subject to Photobucket's Privacy Policy, which governs our collection and use of your information. You understand that by using the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information. To access the Privacy Policy, please click here.

5. CONTENT AND USER UPLOADED CONTENT

5.1 Content Definitions and License Grants

In connection with the Services, you may upload certain types of Content. 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, Agreements' rights, intellectual property rights, human rights, or legal rights of somebody else. If we learn that you are infringing others' rights or are using Content that is not yours, Photobucket has the right to remove this Content and you agree that you are responsible for any costs associated with the infringement. Photobucket may manipulate and display your Content as well as obtain limited image tagging or metadata processing from service providers solely to provide the Services and not for the purpose of identifying individuals. Photobucket will never use your photos or videos to train artificial intelligence.

Content. "Content" means a creative expression and includes, without limitation, video, audio, music, still or moving photographs, images, illustrations, animations, logos, tools, written posts, replies and comments, information, data, text, software, scripts, executable files, and graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services. Content shall include User Uploaded Content.

User Uploaded Content. Our Services allow you to upload the most commonly used image and video files to your Library or to a Group. These image files and video files, both in their native uploaded form and any subsequently edited version stored with the Services, are referred to individually and collectively as "User Uploaded Content." When uploading Content or other Personal Information, it is up to you to satisfy yourself about the privacy level of every person who might use it. Please note that User Uploaded Content, in addition to being subject to these Terms of Use, is also governed by our Privacy Policy and our Biometric Information Privacy Policy.

Library Content. "Library Content" refers to User Uploaded Content stored in your personal Library. Your Library is a private space for your personal photo and video storage. You grant us a worldwide, non-exclusive, royalty-free license, for so long as necessary to provide the Services to you and as described in these Terms of Use, to copy, stream, post, display, and reproduce your Library Content solely to offer our Services to you. This license extends to backup copies and legally required retention for so long as such copies or retention obligations exist, and shall otherwise terminate upon your valid deletion of the applicable Library Content.

Group Content. "Group Content" refers to User Uploaded Content uploaded to a Group. Groups are private, invite-only spaces. You grant us a worldwide, non-exclusive, royalty-free license, for so long as necessary to provide the Services to you and to Group Members as directed by you or enabled by the Services, to copy, stream, post, display, publicly perform, and reproduce your Group Content solely to offer our Services to you and to Group Members. This license extends to backup copies and legally required retention for so long as such copies or retention obligations exist, and shall otherwise terminate upon your valid deletion of the applicable Group Content. Any prior sharing of such content with Group Members may continue to be accessible to recipients notwithstanding deletion.

Legacy Public User Uploaded Content. The past versions of Photobucket Services allowed users to designate content as "Public." The concept of "Public" no longer exists for content uploaded through Groupsy. User Uploaded Content or albums in legacy accounts that were Public User Uploaded Content prior to February 6, 2024, may remain subject to the license terms that applied at the time of upload, as described in the version of the Privacy Policy in effect at that time.

Sharable User Uploaded Content. Albums and User Uploaded Content in certain legacy versions of the Services that were uploaded from a Paid Account were designated as "Shareable User Uploaded Content" accessible via a Sharing Link. These links and their associated content remain subject to the terms applicable at the time they were created. If you have questions about the status of legacy content, please contact us at support@photobucket.com.

Photobucket does not sell, lease, trade, license, or otherwise profit from the content you upload or your Biometric Information. Subscribers retain ownership of all intellectual property rights in their User Uploaded Content.

All licenses granted in this Section are transferable solely in connection with a merger, acquisition, or transfer of all or substantially all of Photobucket's assets, provided the transferee agrees to be bound by Photobucket's Privacy Policy and Biometric Information Privacy Policy.

You waive any moral rights (and any similar rights) with respect to your User Uploaded Content to the extent permitted by law, and if no waiver is permitted, you agree not to enforce the right against Photobucket and its service providers.

Depictions of Third Parties. By uploading User Uploaded Content, you acknowledge that such content may include images or depictions of third parties. You are solely responsible for ensuring that your User Uploaded Content, and your use of the Services, comply with applicable laws, including those relating to privacy rights and rights of publicity. Photobucket shall not be responsible or liable for any claims arising from the inclusion of third parties in User Uploaded Content.

5.2 FaceFinder Feature (Plus Plan)

Photobucket offers an optional on-device face-finding feature ("FaceFinder Feature") available exclusively to Plus Plan subscribers. The FaceFinder Feature allows you to identify and organize photos within your Groups by the faces appearing in them, using on-device processing that you initiate and control. This identification is performed by you, on your own device, for your own organizational purposes; it does not involve Photobucket identifying individuals, consistent with Section 5.1 and Photobucket's Biometric Information Privacy Policy. The FaceFinder Feature is entirely optional and is initiated solely by you. FaceFinder searches only photos and videos stored within your Groups; content in your personal Library is not included in FaceFinder results.

How It Works. All FaceFinder processing occurs exclusively on your device. Photobucket does not transmit, receive, collect, store, or process any FaceFinder data or Biometric Information in connection with the FaceFinder Feature on its servers or in the cloud. FaceFinder data remains on your device and is not accessible by Photobucket.

Consent. You must provide your express consent before using the FaceFinder Feature for the first time on a given device. This consent is collected through an in-application consent modal. Once consent has been provided on a device, Photobucket will not request the same consent again for subsequent uses of the FaceFinder Feature on devices associated with your Account, unless your consent has been withdrawn, there is a material change to the Biometric Information Privacy Policy, or there is a material change to the operation of the feature. You may withdraw your consent for the FaceFinder Feature at any time through controls available within the application, including by deleting a particular face by clicking on the pencil icon next to the applicable person's face. Deleting a face will disable the FaceFinder Feature for that face and will remove the associated FaceFinder data for that face from your device.

Your Representations. By consenting to use the FaceFinder Feature, you confirm that: (a) you have the right and consent of any identifiable individuals depicted in your photos to analyze their facial features using on-device processing; and (b) you will use the FaceFinder Feature only in compliance with applicable laws and these Terms of Use.

Photobucket's treatment of any Biometric Information in connection with this feature is further described in our Biometric Information Privacy Policy.

5.3 Comments and Reactions

All users with access to a Group, including Plus Plan subscribers, Free Plan subscribers, and Group Members, may add comments and reactions to content within any Group to which they have access. By adding a comment or reaction, you agree that:

Your comment or reaction is Content subject to these Terms of Use, including all license grants set forth herein;
You will not post comments or reactions that are obscene, defamatory, constitute hate speech, credible threats, harassment, or that otherwise violate these Terms of Use or applicable law;
Photobucket has no obligation to proactively monitor comments or reactions, but may, in its sole discretion, review, moderate, edit, remove, or decline to display any comment or reaction that Photobucket determines violates these Terms of Use or is otherwise inappropriate, without prior notice or liability to you. Photobucket assumes no responsibility or liability for any comment or reaction posted by any user.

Group owners may report inappropriate comments or reactions by contacting abuse@photobucket.com.

6. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

You represent and warrant to us that: (1) the User Uploaded Content does not and will not violate any applicable law or regulation, or any intellectual property rights (including name, image, and likeness rights) of any third parties; (2) you have all necessary rights and permissions to grant the rights to Photobucket granted under these Terms of Use; (3) you will only use the Services for your own personal or internal business purposes and not for the purpose of commercializing or monetizing the Services, without the express written consent of Photobucket; (4) you will use the Services in a professional manner, will treat other Authorized Users with respect, and will not use User Uploaded Content in a manner that constitutes discrimination, defamation, incitement, credible threats, hate speech, or is otherwise intended to bully, attack, or harm Photobucket or another Authorized User. You agree to indemnify and hold harmless Photobucket, its subsidiaries, its licensors, its licensees, and affiliates, and their respective officers, agents, partners, and employees, from your breach of any of the representations and warranties set forth in these Terms of Use. 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 Services. Obligations you owed to us and other Authorized Users, which by their nature are intended to survive closing or termination, will survive.

7. PAID SERVICES

Some of the Services may require payment of fees ("Paid Services"). You shall pay all applicable fees, as described in the applicable agreement between you and Photobucket in connection with such Paid Services, and any related taxes or additional charges. Paid Services may include limited licenses for you to use certain Paid Services, subject to the terms and conditions of the applicable agreement. Under no circumstances does Photobucket transfer you any rights in or to the Services (or Paid Services), or any portion of the Services. You are not permitted to relicense, resell, transfer, or otherwise transfer any Services, except as expressly permitted by a written agreement between you and Photobucket. Payment terms, refund rights, and cancellation procedures for Plus Plan Accounts are set forth in Section 3.7.3.1.

8. MODIFICATIONS TO TERMS OF USE

Photobucket reserves the right, in its sole discretion, to modify these Terms of Use at any time by posting a revised version through the Services with an updated date ("Effective Date") and will also provide a separate notice (which may take the form of an email, banner, in-app notification, or other notification method). You are responsible for reviewing and becoming familiar with any modifications to these Terms of Use. Unless otherwise stated in the modified Terms of Use, modifications are effective when posted. Your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of these Terms of Use as modified.

If Photobucket changes these Terms of Use after the date you first agreed to the Terms of Use (or to any subsequent changes), you may inform Photobucket of your refusal to agree to any such change by providing Photobucket written notice of such refusal within forty-five (45) days of the date such change became effective, as indicated in the Effective Date above. This written notice must be provided by you either (a) by mail or hand delivery to our registered agent for service of process, c/o Photobucket.com, Inc., 621 Kalamath Street, Suite 135, Denver, CO 80204 USA, or (b) by email to: support@photobucket.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms of Use. By rejecting changes, you are agreeing that Photobucket should proceed with terminating your Account and your User Uploaded Content. As such, you should download any Content from the Services that you wish to save prior to notifying us of your refusal.

9. WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN "AS-IS" BASIS

Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, PHOTOBUCKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Photobucket makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, service, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Photobucket also makes no representations or warranties of any kind with respect to Content or User Uploaded Content. No advice or information, whether oral or written, obtained from Photobucket or through the Services, will create any warranty not expressly made herein.

We encourage you to always keep backups of your Content. Photobucket is not responsible if any of your Content is deleted or corrupted, or if any modification, suspension, or discontinuation of the Site or services causes you to lose any Content, even if you are a Plus Plan subscriber.

10. RELEASE FROM LIABILITY

You release, to the fullest extent permitted by law, Photobucket, its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following:

Disputes between Authorized Users, including those between you and other Authorized Users;
Your use of Third Party Services, including Content found on or in connection with such Third Party Services;
Any claim resulting from your use of the Services in a manner inconsistent with these Terms of Use;
Disputes concerning any use of, or action taken using, the Services on your device by you or a third party;
Unauthorized access to your account by a third party, or any use of the Services under your Account; and
Claims relating to the unauthorized access to any data communications or Content relating to your use of the Services, including unauthorized use or alteration of such communications or your Content.

Notwithstanding the foregoing, this release does not apply to claims arising from Photobucket's gross negligence, willful misconduct, or failure to implement reasonable security measures, and nothing in this Section 10 shall be construed to limit, waive, or restrict any rights you may have under applicable privacy law.

If the laws of California apply to you, you hereby irrevocably waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor," except as to the claims carved out in the preceding paragraph.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOBUCKET, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, AGREEMENT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHOTOBUCKET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PHOTOBUCKET AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE(S) IN THE PRECEDING TWELVE (12) MONTH PERIOD.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 11 SHALL LIMIT PHOTOBUCKET'S LIABILITY FOR: (I) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) DEATH OR PERSONAL INJURY CAUSED BY PHOTOBUCKET'S NEGLIGENCE; (IV) ANY DATA BREACH RESULTING FROM PHOTOBUCKET'S FAILURE TO IMPLEMENT REASONABLE SECURITY MEASURES; OR (V) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. TERMINATION

Either you or Photobucket may terminate these Terms of Use at any time by providing written notice to the other party. Photobucket may also terminate or suspend your access to or ability to use any and all Services immediately, subject to applicable law, for any lawful reason, including but not limited to if you breach any of the terms or conditions of the Agreements, infringe on others' intellectual property rights, violate our community standards, or commit illegal acts using the Services. Where you are a Plus Plan subscriber and termination is initiated by Photobucket for reasons other than your breach of these Terms of Use, Photobucket will provide reasonable advance notice where practicable and will, to the extent required by applicable law, provide a prorated refund of prepaid fees for the unused portion of your then-current subscription term. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. MISCELLANEOUS

13.1 Modifications and Entire Agreement. These Terms of Use, as modified from time to time, constitute the entire agreement between you and Photobucket with respect to the subject matter hereof. Any rights not expressly granted herein are reserved by Photobucket. These Terms of Use supersede all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitute the entire and exclusive agreement between the parties.

13.2 Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

13.3 Severability. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

13.4 Assignment Rights. These Terms of Use are not assignable, transferable, or sublicensable by you except with Photobucket's prior written consent. Photobucket may assign these Terms of Use, and any rights and licenses granted hereunder, in whole or in part at any time without your agreement and without restriction. For example, Photobucket may assign these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Photobucket's equity, business, or assets; or (iii) a successor by merger. In the event of a merger, acquisition, or transfer of all or substantially all of Photobucket's assets, the acquiring entity may revise these Terms of Use and associated policies. Photobucket shall have no liability to you for any changes to these Terms of Use or associated policies made by a successor or acquiring entity following the closing of any such transaction.

13.5 Relationship of Parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Photobucket in any respect whatsoever. We are not responsible for the conduct of others. We are not responsible for advertisements or applications or services that are posted on or through the Services, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications, including our print vendor.

13.6 Misuse Reporting. As a Subscriber of Groupsy, if you become aware of misuse of the Services by any person, please email abuse@photobucket.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, please follow the Photobucket Intellectual Property Policy.

13.7 Export and Trade Controls. Photobucket provides global services. Photobucket's operations are, however, located in the United States, and Photobucket's policies and procedures are based on United States law. You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Services, Content, or information provided on or pursuant to the Services except in full compliance with all United States, foreign, and other applicable laws and regulations. The following provisions apply specifically to Authorized Users located outside of the United States: (1) if you are located outside the European Economic Area and United Kingdom, you consent to the transfer, storage, and processing of your information, including but not limited to User Uploaded Content and any Personal Information, to and in the United States and/or other countries; if you are located in the European Economic Area or United Kingdom, the transfer of your information to the United States is governed by the applicable transfer mechanisms described in our Regional Privacy Disclosures Notice; and (2) you represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.

13.8 Choice of Law and Jurisdiction. These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Colorado, without giving effect to any conflict of law principles, except as may be otherwise provided in Section 14 (Arbitration Agreement). You agree that any and all disputes, claims, and causes of action arising out of or connected with these Terms of Use shall be brought in the state and district courts of the State of Colorado and you hereby consent to the personal jurisdiction and venue of the courts in Denver, Colorado, and expressly waive any objection to such jurisdiction and venue. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 14 (Arbitration Agreement) or to any arbitrable disputes as defined therein. Instead, as described in Section 14 (Arbitration Agreement), the Federal Arbitration Act shall apply to any such disputes.

13.9 Data Usage and Charges. You acknowledge that you may incur data charges from your mobile carrier or internet service provider for accessing and using our Services. You are solely responsible for any such charges.

14. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PHOTOBUCKET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. BY USING THE SERVICES, CREATING AN ACCOUNT, OR OTHERWISE AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY AGREE TO THE FOLLOWING ARBITRATION AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICES.

By agreeing to these Terms of Use, you agree that you are required to resolve any claim that you may have against Photobucket on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Photobucket, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Photobucket by someone else.

14.1 Agreement to Binding Arbitration. You and Photobucket agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms of Use, will be settled by binding arbitration between you and Photobucket, and not in a court of law. You and Photobucket are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you and Photobucket each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

14.2 Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that a court of competent jurisdiction, and not the Arbitrator, shall resolve any claim that this Arbitration Agreement is unenforceable due to unconscionability. The Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of the state of Colorado.

14.3 Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Colorado and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

14.4 Location and Procedure. Unless you and Photobucket otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Photobucket submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.

14.5 Arbitrator's Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Photobucket will not seek, and hereby waives all rights Photobucket may have under applicable law to recover attorneys' fees and expenses if Photobucket prevails in arbitration.

14.6 Arbitrator Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

14.7 Changes. If Photobucket changes this Arbitration Agreement after the date you first agreed to these Terms of Use (or to any subsequent changes), you may reject any such change by providing Photobucket written notice of such rejection within sixty (60) days of the date such change became effective, as indicated in the Effective Date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Photobucket.com, Inc., 621 Kalamath Street, Suite 135, Denver, CO 80204 USA, or (b) by email from the email address associated with your Account to: support@photobucket.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement.

14.8 Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. This Arbitration Agreement shall survive the termination of these Terms of Use.

15. NOTICE

Photobucket may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). Any notice to Photobucket that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when delivered via email to support@photobucket.com or in person by nationally recognized overnight courier or mailed by first class, registered, or certified mail, postage prepaid, to:

Photobucket.com, Inc. Attn: Legal Department 621 Kalamath Street, Suite 135 Denver, CO 80204 USA

16. CONTACT INFORMATION

If you have any questions or concerns regarding use of the Services, please contact us at:

support@photobucket.com

Our legal address is: 621 Kalamath Street, Suite 135 Denver, CO 80204 USA

You may request a copy of these Terms of Use by emailing us at support@photobucket.com, Subject: Terms of Use Agreement.

17. DO YOU NEED EXTRA HELP?

If you would like these Terms of Use, our Privacy Policy, Biometric Information Privacy Policy, Regional Privacy Disclosures Notice, Intellectual Property Policy, and/or any other agreement between you and Photobucket related to the Services in another format (for example: audio, large print, braille), please contact us at support@photobucket.com.