Terms of Service & EndâUser License Agreement
These Terms of Service and EndâUser License Agreement (the âTermsâ) form a binding agreement between you (âyouâ or âUserâ) and Pickmythumb (âPickmythumbâ, âweâ, âusâ, or âourâ) governing your access to and use of pickmythumb.com and related services (the âServiceâ). By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) and able to form a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that your use complies with all applicable laws.
2. The Service
Pickmythumb lets you upload candidate thumbnails and titles, share a link so others can vote on them (for example headâtoâhead âbracketâ comparisons, click tests, or 1â10 score tests), and view aggregated results to help you choose. We may add, change, or remove features at any time.
3. License to use the Service
Subject to these Terms, we grant you a limited, nonâexclusive, nonâtransferable, nonâsublicensable, revocable license to access and use the Service for your own lawful purposes. This license does not transfer any ownership in the Service to you.
4. Accounts & security
You access the Service by signing in with a thirdâparty identity provider (Google). You are responsible for maintaining the security of your account and for all activity that occurs under it. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or pose a risk to the Service or others.
5. Your content
Ownership. You retain all ownership rights in the images, titles, names, comments, and other materials you submit (âUser Contentâ).
License to us. You grant Pickmythumb a worldwide, nonâexclusive, royaltyâfree license to host, store, reproduce, resize, reformat, transmit, and display your User Content solely as necessary to operate, provide, secure, and improve the Service (for example, generating preview/share images and showing results to a testâs participants and creator). This license ends when your User Content is deleted from our systems, except for residual copies in routine backups for a limited period.
Your responsibility. You represent and warrant that you own or have all rights, licenses, and permissions necessary to submit your User Content and to grant the license above, and that your User Content (including any thumbnails, photographs, logos, faces, or trademarks within it) does not infringe or violate the rights of any third party or any law. You are solely responsible for your User Content.
6. Voting & participants
If you share a test, the people who vote will see the thumbnails and titles you upload and may submit a display name, choices, and comments, which are shown to you as the test creator. Do not solicit or collect sensitive personal information through tests. You are responsible for how you use the results.
7. Acceptable use
You agree not to, and not to permit anyone to:
- Upload or share content that is unlawful, infringing, defamatory, obscene, sexually explicit involving minors, hateful, harassing, deceptive, or that violates anyoneâs privacy or publicity rights;
- Upload malware or attempt to gain unauthorized access to the Service, other accounts, or our systems;
- Interfere with, disrupt, overload, or circumvent the Service or its security or rate limits, including via scraping, bots, or automated abuse of voting;
- Reverse engineer, decompile, or attempt to extract source code, except as permitted by law;
- Resell, rent, or commercially exploit the Service without our written permission;
- Use the Service to send spam or to violate any applicable law or thirdâparty rights.
We may remove content and suspend or terminate access for any violation, with or without notice.
8. Service limits & availability
The Service is currently provided free of charge and may include usage limits (such as a maximum number of tests, images per test, and automatic deletion of tests after a period). We may modify these limits, and we may change, suspend, or discontinue the Service (in whole or in part) at any time without liability. We do not guarantee any particular uptime, availability, or that data will be retained beyond stated limits, so keep your own copies of important content.
9. Intellectual property
The Service, including its software, design, text, graphics, logos, and the âPickmythumbâ name and marks (excluding your User Content), is owned by us or our licensors and is protected by intellectualâproperty laws. Except for the limited license granted to you, we reserve all rights.
10. Thirdâparty services
The Service relies on and integrates with thirdâparty services (for example, Google signâin, hosting, and email delivery). Your use of those services may be subject to their own terms and policies, and we are not responsible for them.
11. Feedback
If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royaltyâfree license to use it for any purpose without obligation to you.
12. Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED âAS ISâ AND âAS AVAILABLEâ, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONâINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERRORâFREE, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICKMYTHUMB OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD $50. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Indemnification
You agree to indemnify, defend, and hold harmless Pickmythumb and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.
15. Termination
You may stop using the Service at any time and may delete your tests from your dashboard. We may suspend or terminate your access at any time, with or without notice, including for violations of these Terms. Upon termination, the licenses you granted continue only as needed for residual backups for a limited period, and Sections that by their nature should survive (including Sections 5, 9, 11â17) will survive.
16. Governing law & disputes
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflictâofâlaws rules. You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration or smallâclaims court, and you consent to personal jurisdiction there. Nothing in this section limits any mandatory consumerâprotection rights you may have under the laws of your country of residence.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the âLast updatedâ date and, where appropriate, provide additional notice. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.
18. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.
19. Contact
Questions about these Terms? Contact us at pickmythumb.com/contact or legal@pickmythumb.com.
This document is provided for general information and does not constitute legal advice.