LAST UPDATED ON: AUGUST , 2024
Welcome to Picup!
Your use of Picup is governed by these Terms of Use ("Terms"). Thank you for taking the time to review them—we hope you enjoy your experience with Picup.
1. Compliance with these Terms
These Terms apply to all users of Picup, regardless of where you are in the world.
Please carefully review these Terms, along with our policies and instructions, to understand the appropriate and inappropriate uses of Picup. You are required to follow these Terms and use Picup in accordance with applicable laws and regulations, no matter where you are.
If you do not agree with these Terms, you must stop using Picup and discontinue all services immediately.
2. Contracting Entity
By using Picup, you are agreeing to be bound by these Terms between you and Picup Team (“we”, “our” and “us”).
We may specify in certain of our Picup service-specific terms that you are contracting with one of our affiliate companies or Service Providers (instead of us) in relation to your use of the relevant Picup service or feature to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant Picup service-specific terms, and these Terms (and those relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant Picup services or features.
3. Service Eligibility
The services of Picup are not for use by anyone under the age of 18.
To use the services, you agree that: (i) you must be the “Minimum Age” (described below) or older; and (ii) you are not already restricted by us from using the services provided via Picup.
We may change the Minimum Age from time to time based on our sole discretion. Where this is the case, the users of Picup who were below the new Minimum Age when they started using the services under previous Terms of Use may continue to use them, as they have already reached the new Minimum Age since then.
“Minimum Age” means 18 years old. However, if applicable law requires that you must be older in order to lawfully use Picup without parental consent (including the use of your personal data), then the Minimum Age is such an older age.
If applicable law requires you to obtain the consent from your parent or guardian, then your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use Picup.
We offer a diverse range of services and features within Picup, so in addition to these Terms, there may be certain additional terms and policies that may be applicable to your use of all or part of Picup, as set out in this section and as otherwise notified to you from time to time. These additional Terms of Use and policies all form part of and are incorporated into these Terms.
1. Picup policies
Besides these Terms, you must also comply with Picup Privacy Policy which sets out how we collect, store and use your personal information in using Picup.
2. Terms applicable to specific Picup features
Some of our services and features may have additional terms specific to their use (as notified by us to you), and you must comply with such additional terms in your use of such services and features, as well as these Terms.
To the extent that any additional terms or policies are different from these Terms, the relevant additional terms or additional policies will apply, except that nothing in those additional terms or policies will (unless expressly indicated otherwise in those additional terms or policies) amend the following sections of these Terms:
“Changes to these Terms and Picup”;
“Our Intellectual Property Rights”; and
“Liability for Picup”.
We may make changes to these Terms above from time to time, so please come back and review them.
In addition, as Picup and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Picup (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or Picup are reasonably material, we will (where reasonably practicable) notify you of such changes by posting them on our website, through our services or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to use Picup after we make any change to these Terms or Picup, with or without notice from us, you are agreeing to be bound by these revised Terms. If you object to any changes, you may close your account.
You will need to create an account with us in order to access and use Picup via 1) using your existing account opened at third-party social media platforms (such as Facebook or Google) and 2) registering and logging in as visitors. Under the circumstance you choose 1), we will have the right to access, collect and use your information relating to these third-party accounts.
Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Picup remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any password used to access your account and Picup, and (ii) all use of Picup under your account. You must promptly notify us at help@picupvideolivechat.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on Picup as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
Picup may offer methods for deactivating your service-specific account – please refer to Picup for further guidance (if available) from time to time.
Please note that when you login as a visitor, there is always a risk of loss of both your account and any interests linked with the account, such as gold coins you prepaid. Therefore, we highly recommend you login through Facebook or Google account, to avoid any risk of loss of information and gold coins.
1. Purchases and refunds
You may, from time to time, make payments to us or third parties as part of your use of the service. We may set out further terms applying to such payments, including in relation to refunds (if any), billing arrangements, and any consequences of failing to make timely payments. You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of items and products are subject to change at any time.
ALL PURCHASES OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
We may process payments from you in the service via a third-party service and you agree to comply with that relevant third-party's terms and conditions in relation to the payment processing service, as further set out in the “Third-Party Content and Services” section below.
Also, you agree that:
your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); and
we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2. Subscription management
Subscriptions can be canceled anytime. If you cancel a subscription through Google Play’s billing system, you will not receive a refund for the current billing period, but will continue to receive your subscription content for the remainder of the current billing period, regardless of the cancellation date. Your cancellation goes into effect after the current billing period has passed.
You can go to Google Play subscription center to manage your subscriptions through the link below:
https://play.google.com/store/account/subscriptions
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Picup, including content provided by users of Picup or by our advertisers. You acknowledge and agree that by using Picup, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Picup by you is at your own risk. Your use of Picup does not give you any rights in or to any content you may access or obtain in connection with your use of Picup.
We also do not guarantee the quality, reliability or suitability of any third-party services provided, made available, advertised or linked through Picup and we will bear no responsibility for your use of or relationship with any such third parties or third-party services.
We may review (but make no commitment to review) content or third-party services made available through Picup to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Picup.
There may be, from time to time, third-party content and services on Picup that are subject to further terms – for examples, terms from the relevant third-party that originally produced or created such content or service, or terms from the relevant third-party in relation to promotional activities being held on Picup. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third-party content and services.
All intellectual property rights in or to Picup (including any future updates, upgrades and new versions to Picup), will continue to belong to us. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Picup are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Picup, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Picup, you will first contact us to request the information you need.
We may from time to time provide updates to Picup. Such updates may occur automatically or manually. Please note that Picup may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of Picup, or that such updates will continue to support your device or system.
We may, in our discretion, provide technical support for Picup (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Terms.
In order for us to provide Picup to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Picup – for example, we may need to use your device's processor and storage to complete the relevant Picup software installation, or use your device's camera and microphone to provide video chat services to you. You agree to give us such access to and use of your device.
You hereby authorize us to collect and use the address books, contact lists, mail box, system application lists, device information, and unique device identifiers (UDID, for example) contained in the Devices to which you have downloaded Picup for purposes of your use of the services.
We will provide further information regarding how Picup uses and accesses your device within Picup or in another manner (e.g. via the relevant app store as part of the installation process for Picup on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Picup to you.
Any Personal Information (as defined in the Picup Privacy Policy) that we use or access within your device will be treated in accordance with these Terms and our Privacy Policy.
You may need an adequate internet connection in order to authentic your Picup account or use Picup. You may also be required to activate certain functionalities within Picup in the manner described within Picup. You may not be able to use certain functionalities within Picup if you do not comply with such requirements.
Please note that we are not responsible for any third-party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of Picup.
When you submit, upload, transmit or display any data, information, photograph or other content in connection with your use of Picup (“Your Content”), you understand and agree that:
you will continue to own and be responsible for Your Content;
we will not sell Your Content to any third-party;
Your Content will be shared with other users of Picup in many ways. For example, Your Content will be seen by other users of Picup once you have uploaded Your Content to Picup;
you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve Picup and our other services, including new services that we may provide in the future;
in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide by all distribution methods, including those that are developed in the future;
we may share Your Content with third parties that we work with to help provide, promote, develop and improve Picup, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to Picup);
we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
1. you will comply with these Terms in your submission of Your Content.
2. You are prohibited from posting and agree not to post any prohibited content as determined by company, in its sole discretion and which includes, without limitation: Sexually Explicit Material, Violence and Bullying, Hate Speech, Sensitive Events, Unlawful Activity, IP Infringement.
In addition, you agree that we and our affiliate companies (subject to these Terms, our Picup Privacy Policy and applicable laws and regulations):
are allowed to retain and continue to use Your Content after you stop using Picup – for example, where you have shared Your Content with other users of Picup;
may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and
may need to retain or disclose Your Content in order to enforce these Terms, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of Picup.
You understand that even if you seek to delete Your Content from Picup, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third-party from storing or using any of Your Content that you have made public via Picup.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Picup is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in Picup Privacy Policy.
1. You agree that you will:
1. comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. strictly follow these Terms; and
3. use Picup in a good manner.
2. You agree that you won’t:
1. act in an unlawful or bad manner in connection with Picup, including being dishonest, abusive or discriminatory;
2. post defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
3. share, distribute, or create sexually explicit content, or engage in any sexual conduct;
4. encourage, distribute, or attempt to normalize the sharing of content depicting or promoting child sexual abuse, or post content or engage in conduct that in any way sexualizes children;
5. create a profile for anyone other than yourself (a real person);
6. use or attempt to use another's account;
7. steal or attempt to steal another’s virtual property, such as virtual gifts;
8. harass, abuse or harm another person;
9. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, add-ons, or any other technology or manual work) to scrape Picup or otherwise copy profiles and other data from Picup;
10. bypass or circumvent any access controls or service use limits;
11. copy, use, disclose or distribute any information obtained from Picup, whether directly or through third parties (such as search engines), without our consent;
12. use, disclose or distribute any data obtained in violation of these Terms;
13. disclose information that you do not have the consent to disclose (such as confidential information of others);
14. violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
15. violate the intellectual property or other rights of us;
16. post anything that contains software viruses, worms, or any other harmful code;
17. manipulate identifiers in order to disguise the origin of any message or post transmitted through Picup;
18. create or operate a pyramid scheme, fraud or other similar practice;
19. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Picup or any related technology that is not open source;
20. remove, cover or obscure any advertisement included in Picup;
21. use bots or other automated methods to access Picup, add or download contacts, send or redirect messages;
22. monitor Picup’s availability, performance or functionality for any competitive purpose;
23. access Picup except through the interfaces expressly provided by us, such as its mobile applications;
24. use Picup for tasks that it is not intended for;
25. override any security feature of Picup; and/or
26. interfere with the operation of, or place an unreasonable load on, Picup (e.g., spam, denial of service attack, viruses, gaming algorithms).
Content that sexualizes children is unacceptable on Picup. We have zero tolerance for any text or media, whether real or generated, that depicts children in a sexualized manner on our platform. Such content inflicts serious harm on victims and has no place here.
We promptly report any child sexual abuse exploitation (CSAE) material to the National Center for Missing & Exploited Children. Users found posting such content will be permanently banned from Picup.
1. Prohibition of CSAE
You explicitly acknowledge and agree that any form of Child Sexual Abuse and Exploitation (CSAE), including but not limited to the sexualization of minors or the depiction of sexual content involving minors, is strictly prohibited on our platform. This policy applies to all users and encompasses any attempt to solicit, share, distribute, or promote such content, regardless of its form or intent.
We employ both automated and manual monitoring systems to detect and prevent CSAE. Any attempts to bypass or circumvent these detection systems will result in immediate action. The following activities are expressly prohibited and will be considered violations:
CSAE Violations:
sharing, creating, or distributing content related to child sexual abuse or exploitation.
engaging in any activity that sexualizes minors, including sexualized discussions, roleplaying, or the use of inappropriate attire.
depictions of child nudity or sexualization, including through artwork, drawings, or animations.
Harmful Acts Involving Minors:
threatening, encouraging, or engaging in physical harm toward minors.
engaging in psychological manipulation, coercion, or abuse of minors.
promoting or depicting dangerous behaviors involving minors.
advocating for or depicting child neglect, trafficking, or exploitation.
Underage Presence and Account Restrictions:
the presence of minors in live streams, videos, or any content on the platform is strictly prohibited.
creating, managing, or facilitating accounts on behalf of minors is not allowed.
any attempts to falsify age or bypass platform age restrictions are prohibited.
By using our platform, you agree to comply with these rules and understand the consequences of violating them.
2. Reporting CSAE
In our commitment to maintaining a safe environment for all users, we have established comprehensive measures for reporting and addressing instances of CSAE on our platform. This section outlines the various channels available for reporting CSAE content, including our in-app user reporting mechanism and the assistance provided by dedicated organizations worldwide.
In-App Reporting and Content Moderators
We offer a flag and report mechanism within the app, allowing users to promptly report any concerns or instances of CSAE. Your active engagement in utilizing this feature is not only appreciated but crucial in upholding a safe and secure environment for all users. Additionally, our platform employs a team of dedicated content moderators who diligently review reported content and take swift action when necessary to enforce our CSAE policies and maintain the integrity of our community.
Dedicated Organizations Around the World
Below, we provide a list of reputable organizations and resources where individuals can seek support, report CSAE incidents, and access additional information:
1. France - l'Association des Fournisseurs d'Accès et de Services Internet: https://www.pointdecontact.net/
2. Germany - Jugendschutz: https://www.jugendschutz.net/
3. India - Childline 1098 India: http://www.childlineindia.org.in/
4. UNHCR Indonesia: https://help.unhcr.org/indonesia/assistance-and-support/child-protection/
5. INHOPE Association: https://inhope.org/EN#hotlineReferral
6. Japan - Internet Hotline Center Japan: https://www.internethotline.jp/
7. South Korea - Korea Communication Standards Commission: https://www.kocsc.or.kr/mainPage.do
8. Taiwan - 113 Protection Hotline: https://childhelplineinternational.org/taiwan-113-protection-hotline/
9. United States - National Center for Missing and Exploited Children: https://report.cybertip.org/
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact help@picupvideolivechat.com.
We warrant to you that we will provide Picup using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, PICUP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO PICUP OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY PICUP, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT PICUP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT PICUP WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT PICUP WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR PICUP, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT YOU PAID US TO USE PICUP AND IN NO EVENT WILL IT EXCEED $50.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
IN CONNECTION WITH THESE TERMS OR PICUP, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF PICUP; (VI) YOUR USE OF PICUP IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR
FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF PICUP; OR (II) YOUR BREACH OF THESE TERMS.
As set out in the “Third-Party Content and Services” sections of these Terms, various third parties may provide certain content, services or software within Picup.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH PICUP, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD-PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN PICUP.
These Terms will apply to your use of Picup until your access to Picup is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of Picup: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Picup creates risk for us or for other users of Picup, gives rise to a threat of potential third-party claims against us or is potentially damaging to our reputation; (iii) if you fail to use Picup for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Picup (in whole or in part), you will immediately permanently delete all copies of Picup to which the termination relates and you will immediately cease accessing and using Picup.
Following termination of these Terms, we will only retain and use Your Content in accordance with these Terms (in particular, the Picup Privacy Policy). Where we suspend or terminate all or part of Picup, or where your access to Picup is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.
For additional concerns, email us at help@picupvideolivechat.com.