Terms of Service
Last Updated: August 28,
2025
Important Notice
These Terms of Use (the "Terms") are a binding contract between you and Myseum, Inc. ("Myseum,"
"we", "us", and/or "our"), a Nevada corporation. These Terms set forth the terms and conditions
regarding your access to and use of the Myseum website at Myseum.com (the "Site"), the iOS
and/or Android Picture Party App (the "App") and any other services offered as part of
the Myseum platform (collectively with the Site and App, the "Services").
⚠️ CRITICAL INFORMATION
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONTAIN
PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED,
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE
OF THIS AGREEMENT.
ARBITRATION AGREEMENT: These Terms include our Arbitration
Agreement which will, with limited exceptions, require all disputes between us to be submitted
to binding and final arbitration. Unless you opt out of the Arbitration Agreement:
- You will be permitted to pursue claims and seek relief against us only on an individual
basis, not as a plaintiff or class member in any class or representative action.
- You are waiving your right to seek relief in a court of law and to have a jury trial on any
and all claims.
1. Definitions
Here are a few key definitions we use throughout these Terms of Service - please keep them in
mind:
"Users" refers collectively to anyone who creates an App account.
"Picture Party" refers to the shared Media space the Picture Party App
enables, which can be created at any time by any User.
"Galaxy" refers to the shared connections between users, which can be
created at any time by a user.
"Member" of a particular Picture Party is a User who creates or joins a
Picture Party.
Members of Picture Parties can, but need not, have other roles in a Picture Party such as
Moderator.
Members may or may not contribute Content to a Picture Party. If they do, they are also a
"Member"
under these Terms. Contributors can view, add and delete their own Contributions. Members of
Picture Parties can invite other users to join a Galaxy of which they are a Member, whether
or not
they are a Contributor.
"Media" means photos, videos, and/or other content capable of being uploaded
to a Picture Party. The capitalized term "Content" is used in these Terms to refer to Media
that
you, or someone whom you are legally responsible for under these Terms, actually upload to
the Services.
"Comments" are text comments added to a Picture Party and/or associated with
a
particular piece of Media in that Picture Party. To the extent Comments include other
User-generated content, such as ideas, concepts, techniques, data, or other information
contained in any of these, such user-generated content is a part of the "Comment" for
purposes of these terms.
"Contributions" means your Content, Reactions and Comments.
"Moderator" is a User who has created at least one Picture Party, and they
are the
initial Moderator of any Picture Party which they create. Moderators have the ability to
invite
individual eligible Users to their Picture Parties whether or not those Users already have
an
account. Moderators can (i) view, add, and delete Contributions from themselves or other
Members of their Picture Parties, (ii) invite and remove others from their Picture Parties,
(iii) create and
delete their Picture Parties, and (iv) add other Moderators to their Picture Parties.
"Viewer" is a Member of a Picture Party who can only view others'
Contributions to
that Picture Party.
"Picture Party +" means the ad-free subscription for the App, accessible by
following the prompts to "upgrade to Picture Party +" and your payment of a monthly
subscription
fee. Users who subscribe to Picture Party + do not have advertisements included in their App
experience.
"Reactions" are emoji-based comments made on Content.
"SSO" means single sign-on authentication frameworks, such as those offered
by Google and Microsoft, which are operated by third parties and may be used, upon your
election, to help you more easily log into the Services. If you choose to use SSO to sign
into Picture Party, you consent to Picture Party using it to authenticate you.
2. Privacy Policy
Picture Party is designed to enable private and Public sharing of Media, but the privacy of your
Media
in the App depends on you. Picture Party cannot and does not control what actions Members of
your
Picture Party choose to take with respect to Media uploaded to your Picture Party. Your
Contributions can be
viewed and downloaded by those you invite to a Picture Party and by anyone else who is a Member
of that
Picture Party, including those others invited by others whom you may not know.
Your Responsibility: You agree it is your sole responsibility
to vet Users you choose to invite to your Picture Party, to join and remain a member of
Picture Parties
only when you trust the other Members, and to upload Content to a Picture Party which you
are
comfortable with any current or future Member of that Picture Party accessing, downloading,
and/or
copying.
Picture Party's Privacy Policy (as updated from time to time) explains our data handling,
privacy, and
security practices, and describes how we collect, use, and protect your personal information,
and explains your privacy rights, including rights under CCPA and GDPR. However, these Terms
alone set forth your legal obligations with respect to your access to our Services and
constitute your contract with Picture Party platform. In the event of a conflict between the
interpretation of our Privacy Policy and these Terms, these Terms will control.
3. Eligibility for the Services
General Users (18+)
Any person 18 or over may use the Services for their own
personal, noncommercial purposes in accordance with these Terms and the
Acceptable Use Guidelines.
Minors (13-17)
Persons over 13 but under 18 may use the App only if their
legal guardian created an account on their behalf and emails support@Myseum.com
affirming their parental rights and consent.
Important: No one 13 years of age or younger may use the App under any
circumstances.
Requirements for Users
To be a User, you agree to:
- Be responsible for your compliance with these Terms and in accordance with all applicable
laws and regulations
- Use commercially reasonable efforts to prevent unauthorized access to App and notify us of
any unauthorized access or use
- Sign up for an account, and select a password and display name
- Provide us with accurate, complete, and updated registration information about yourself
- If you use SSO, use only SSO credentials for accounts you have all necessary rights to use
- Select a Display Name that does not misrepresent your identity as that of another user or
identifiable individual
- Use a profile photo that meets our Acceptable Use Guidelines
4. Using our App
You can create up to three Picture Parties or join as many Picture Parties as you like. We let
our users control
the selection of who can access their Content through our invitation process.
Your Responsibilities
You hereby acknowledge, understand, and agree that all members of a Picture Party can view all
Content
in that Picture Party, and you are solely responsible for:
- Inviting Members: Only invite other Members to your Picture Parties
when
you trust them to use the Picture Party responsibly
- Joining Picture Parties: Only join upon the invitation of Users who
you
trust to maintain the level of privacy and security you want
- Uploading Content: Only upload Contributions to Picture Parties
when you
trust other Members to maintain appropriate privacy and security
- Eligibility: Only invite Members who meet the eligibility
guidelines set forth in these terms
- Acceptable Use: Only invite Members who you believe will follow the
Acceptable Use Guidelines
Actions You May Take
At any time, a User may:
- Delete their account by tapping the profile icon on your Home screen and scrolling down to
the "delete account" button
- Leave any Picture Party they previously joined as a Contributor
- Delete any Picture Party of which they are Moderator
License Grant
Picture Party grants to you a limited, personal, revocable, nonexclusive, non-assignable,
non-sublicensable right to access, through a generally available web browser or mobile device or
application, view information and use the Services that we provide solely for your personal,
lawful use and in accordance with these Terms.
5. Content on the Picture Party App
You are the owner of Contributions you upload to Picture Party. You also grant
Picture Party
certain limited license rights to your Contributions which allow us to operate the Services.
Important: Nothing in this section (including without limitation our right to
commercialize) will be construed to give Myseum a right to sell your personal information or
license your copyrighted material to third parties without your explicit consent.
When you choose to use the App and/or upload Contributions to the App, you agree, represent, and
warrant:
That you hereby grant to Myseum (to allow us to operate the App, not to sell to any
third-party) a nonexclusive, irrevocable, worldwide, perpetual, unlimited,
assignable, transferable, sublicenseable, fully paid up and royalty-free right to
copy, modify, prepare derivative works of, improve, distribute, publish, remove,
retain, add, process, analyze, use and commercialize your Contributions and any
feedback you choose to provide to us.
That you assume the risk of loss of any Contributions. For example, if you upload a
Contribution and a Moderator deletes it, we are not responsible or capable of
providing you with a backup of your Media file.
That you have and will maintain during your use of the App any and all rights
necessary or desirable to submit the Content to the App and grant us the foregoing
license. For example, if you upload a photo taken by another individual, you must
obtain the consent of the photographer.
Account Security
You will protect the privacy and security of your own account by:
- Keeping your password secure and confidential
- Not permitting others to use your account
- Refraining from using other Users' accounts
- Refraining from selling, trading, or otherwise transferring your Picture Party account to
another
party
- Refraining from charging anyone for access to any portion of the App
6. Parental Consent
Special Requirements for Minors
If you choose to invite Permissible Minor Users into a Picture Party, you have
additional responsibilities and obligations.
You agree that you will:
- Seek and obtain verifiable parental consent from the parent or legal guardian of the
Permissible Minor User BEFORE inviting them
- Memorialize this consent in writing or in another permanent form sufficient to evidence
consent to a court of law
- Provide Myseum with a copy of such Parental Consent upon request
- Remain fully responsible for actions and concerns of the Permissible Minor User(s) you
invite
7. Copyright Disputes
Myseum responds to copyright complaints submitted under the Digital Millennium Copyright Act
("DMCA"). Section 512 of the DMCA outlines the process for submitting a formal notice of claimed
infringement and allows an affected party to submit a counter-notification in response to
content removal.
Submitting a DMCA Notice
To submit a DMCA notice of claimed copyright infringement, please provide Myseum with the
following information at support@Myseum.com:
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to have been infringed
- Identification of the allegedly infringing material
- Your contact information (name, address, telephone number, and email address)
- A statement of good faith belief that the use is not authorized
- A statement that the information in the notice is accurate, under penalty of perjury
8. Fees and Payments
Picture Party + Subscription
If you elect to subscribe to Picture Party +, you agree to be billed in advance for a
monthly
subscription at Picture Party's then-current subscription rates through your applicable
App
Store and/or Play Store account.
- Subscription fees are nonrefundable
- A subscription is not required to use the App
- Without a subscription, you agree to receive the display of advertisements
9. Termination
Canceling Your Subscription
To cancel your Picture Party + subscription, use your device's subscription settings to turn off
your
subscription. Subscription fees are nonrefundable. You agree to pay for the remainder of any
period in which you provide notice that you'd like to terminate.
Myseum's Right to Terminate
Myseum may immediately and without notice terminate these Terms and suspend or disable your
access to the Services if Myseum determines, in its sole discretion, that:
- You have breached these Terms
- You have violated applicable laws, regulations or third-party rights
- Such action is needed to protect the safety or property of other users, Myseum, or third
parties
- We have reason to believe you have violated these Terms
10. Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTRIBUTIONS ARE AT YOUR OWN
RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
MYSEUM AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY,
NON-INFRINGEMENT, SECURITY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION.
11. Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW:
MYSEUM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, OR
COMPUTER FAILURE OR MALFUNCTION.
AGGREGATE LIABILITY CAP: IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF MYSEUM EXCEED THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MYSEUM
IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
12. Indemnity
User will defend Myseum from and against any and all third party claims, actions, suits,
proceedings, and demands arising from or related to User's or any of its Permissible Minor
Users' use of the Services or violation of these Terms, and will indemnify the Myseum Parties
for all reasonable attorney's fees incurred and damages and other costs finally awarded.
13. General
Any notices will be given by Myseum via email or by posting to
the Site, App, or other Myseum Service. Provide notice to Myseum by emailing
support@Myseum.com.
You may not assign or transfer these Terms without Myseum's
prior written consent. Myseum may assign or transfer these Terms at its sole
discretion, without restriction.
If any provision is found invalid or unenforceable, that
provision will be enforced to the maximum extent permissible and the other
provisions will remain in full force and effect.
Myseum reserves the right to modify these Terms at any time.
Material modifications will be posted on our website or you'll be provided with
notice of the change.
14. Dispute Resolution and Binding Arbitration
⚠️ IMPORTANT LEGAL AGREEMENT
This section contains important information about how disputes between you and
Myseum will be resolved. Please read it carefully.
Applicable Law
This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and
governs all aspects of your relationship with Myseum.
Scope of Arbitration Agreement
You understand and agree that you and Myseum will arbitrate any past, present and future
disputes, controversies or claims relating to:
- Myseum services and platform
- Your engagement with, access to or use of Myseum's App
- Use of a Picture Party + Subscription
- Any advertising or marketing communications
- Any aspect of your relationship or transactions with Myseum
When Arbitration Does Not Apply
- Claims not arbitrable as a matter of applicable law
- Small claims court actions (on an individual basis)
- Intellectual property disputes requiring injunctive relief
- Federal or state governmental agency investigations
Informal Dispute Resolution Required
Before proceeding with arbitration, you and Myseum agree to first attempt to resolve any Dispute
informally through negotiation for at least ninety (90) days. The parties must personally meet
and confer via telephone or videoconference.
Notice Requirement: To initiate informal dispute resolution, send written
notice to Myseum by mail to the address below or email to support@Myseum.com. The notice must include your
name, telephone number, email address, and a description of the Dispute.
The Arbitration Process
If informal dispute resolution does not resolve the Dispute:
- Notice of Intent to Arbitrate: Send notice by email with certification that
the informal process has been completed
- Initiation: Submit arbitration demand to JAMS (Judicial Arbitration and
Mediation Services)
- Arbitrator Selection: Selected utilizing JAMS rules
- Location: In the county where you last received services or remotely
- Decision: The arbitrator's decision is final and binding
WAIVER OF JURY TRIAL AND CLASS ACTIONS
BY AGREEING TO ARBITRATE, YOU AND MYSEUM ARE EACH GIVING UP:
- The constitutional and statutory right to go to court
- The right to have any dispute heard by a judge or jury
- The right to participate in class action litigation
You are instead agreeing to have all disputes resolved by arbitration on
an individual basis only.
Opting Out of Arbitration Agreement
If you are a new customer creating a Picture Party account for the first time, you may
opt out
of this Arbitration Agreement.
Deadline: You must notify Myseum no later than the earlier of:
- 30 days after first creating your Picture Party account, OR
- 30 days after your first use of the services
How to Opt Out: Send written notice including:
- Your name and address
- Your Picture Party username (if any)
- Email address associated with your account
- Telephone number
- Clear statement that you wish to opt out of the Arbitration Agreement
Send to: support@Myseum.com or mail to the address below
Batch Arbitrations
If 100 or more similar arbitration demands are submitted within any 30-day period, the
arbitration provider shall group the demands into batches of no more than 100 demands per batch,
with each batch resolved as a single arbitration.
