Terms of Use

SERIOUS
DATED 2026-08-11 · VERSION 20260812_rev01 · FIRST CAPTURED VERSION

What changed, in plain language

Photobucket rebranded its service as "Groupsy" and rewrote the Terms of Use around Groups and a personal Library. Account names changed (Free Tier → Free Plan, Paid → Plus Plan), and the company added a promise it will never use your photos or videos to train AI. But several protections were quietly trimmed: cancelling now only lists email as an option, plan features and prices can be changed with notice on a separate web page and your continued use counts as agreement, Legacy Free Accounts can now be deleted "without notice," and free accounts get their older photos blurred once you pass the item limit. Some EU/UK and California privacy call-outs were also deleted from the text.

Changes that may affect you

Prices and plan limits can change on a separate page, and using the app means you agreedSERIOUS
UNILATERAL CHANGES

Your plan's price, storage limit, and features now live on a separate web page that Photobucket can change whenever it wants. It only has to give "reasonable notice" through that page or "other means as Photobucket deems appropriate" — which may mean you never get an email. Just continuing to use the service counts as agreeing to the new price or the smaller storage limit.

“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](https://photobucket.com/legal/account-types) 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.”

What you can do — Bookmark photobucket.com/legal/account-types and check it every few months, especially before your renewal date, so a price or storage change doesn't catch you by surprise.

Old free accounts can be deleted with no warning at allSERIOUS
TERMINATION

If you hold a Legacy Free Account, Photobucket can now delete your account and all your photos "without notice." The old version didn't include those words, and it also told you that you could download your content from the account deletion page — that option was removed, leaving only emailing support before deletion happens. If deletion comes without notice, there may be no chance to ask.

“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.”

What you can do — If you have an old free Photobucket account, download your photos now — email support@photobucket.com for a download link and don't wait for a warning that may never come.

Cancellation now only names email as the way outMATERIAL
BILLING & RENEWAL

The old terms promised you could cancel by email or by any other cancellation method the service offered. The new text lists only the support email address. This may mean there's no self-service cancel button you can rely on, so cancelling could depend on someone answering your email before your renewal date. Auto-renewal itself hasn't changed, and the 48-hour refund window still applies.

“Plus Plan subscribers may cancel at any time by contacting [support@photobucket.com](mailto:support@photobucket.com).”

What you can do — Email support@photobucket.com well before your renewal date and keep a copy of the message — you only get 48 hours after a charge to request a refund.

Free accounts get older photos blurred once you pass the limitMATERIAL
OTHER

If you go over the free item limit, your older photos are blurred out — still stored, but you can't see them properly — until you pay for the Plus Plan. And once a Group hits its limit, nobody in that Group can upload anything until the owner upgrades. Your photos aren't deleted, but access to your own older uploads is now tied to paying.

“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.”

What you can do — Check your item count against the limits on the Account Types and Features page, and download anything important before you go over.

WhatsApp and Meta connections addedMINOR
DATA SHARING

The terms now specifically name WhatsApp and Meta as services the app can connect to. Sharing photos through those connections sends your content into Meta's ecosystem, where Meta's own rules apply — not Photobucket's. Photobucket says it isn't responsible for what those services do.

“including WhatsApp and Meta integrations”

What you can do — If you don't want your photos going to Meta-owned services, avoid using the WhatsApp or Meta sharing options in the app.

Named privacy-law protections replaced with vague wordingMINOR
LIABILITY LIMITS

The release-of-liability section used to specifically say it didn't take away your California Consumer Privacy Act rights or any other state or federal privacy statute. Now it just says "applicable privacy law." Your legal rights under those laws still exist — a contract can't erase them — but the plain-language reminder is gone. Two similar promises about extra notice for European and UK users were also deleted.

“nothing in this Section 10 shall be construed to limit, waive, or restrict any rights you may have under applicable privacy law.”
Some arbitration safeguards trimmedMINOR
FORCED ARBITRATION

You still must handle disputes one-on-one in arbitration and can't join a class action — that hasn't changed. But a few details were cut, including the arbitrator's duty to allow a fair exchange of information between the sides and the promise that class-action litigation would be paused while individual claims went through arbitration. These make the process slightly less predictable if you ever need it.

“Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.”

What you can do — You can reject arbitration changes by mailing or emailing written notice within 60 days of August 11, 2026 (by October 10, 2026) to support@photobucket.com, including your full name and a clear statement that you reject the changes.

Changelog

  1. ± CHANGEDService rebranded to "Groupsy"

    The terms now cover "Groupsy by Photobucket" instead of Photobucket generally. Printing and digitization services are no longer listed as part of the covered services; "group collaboration" was added.

    These Terms of Use ("Terms of Use") apply to your use of any Photobucket.com, Inc. ("Photobucket," "we," "our," or "us") website ("Site"), Photobucket application ("App") or other services, such as photo and video sharing, storage, printing, hosting and digitization services provided by Photobucket.com to you

    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

  2. + ADDEDNew promise: your photos won't be used to train AI

    Photobucket added a direct statement that it will never use your photos or videos to train artificial intelligence. It also expanded the "we don't profit from your content" line to include licensing it out.

    Photobucket will never use your photos or videos to train artificial intelligence.

  3. ± CHANGEDAccount types renamed and restructured

    "Free Tier" is now "Free Plan," "Paid Account" is now "Plus Plan," and "Group Album Invitees" are now "Group Members." There is now one paid plan instead of multiple paid tiers.

    "Subscriber" refers to a person or legal entity accessing or using at least one of the Services who has created either a Free Tier Account, a Legacy Free Account, a Paid Account, or a Group Album Invitee 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

  4. + ADDEDPlan details moved to a separate web page that can change anytime

    Features, storage limits, and pricing now live on a separate "Account Types and Features" page that is treated as part of the contract. Photobucket can change that page at any time, and simply continuing to use the service counts as your agreement to the new terms.

    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](https://photobucket.com/legal/account-types) 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.

  5. + ADDEDFree accounts: older photos get blurred over the limit

    New rule explaining that if you go over the free item limit, your older uploads are blurred (not deleted) and only the newest ones stay visible. If a Group hits its limit, nobody can upload to it until the owner pays. Paying for Plus unblurs everything.

    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.

  6. ± CHANGEDLegacy Free Accounts can be deleted without notice

    The company can now delete old free accounts and their content "without notice." The previous version also mentioned a possible trial/evaluation period and a link to download your content from the deletion page — both were removed.

    If you do not convert your Legacy Free Account to a Paid Account or a Free Tier Account (if eligible), we may, in our sole discretion, delete your Account and/or Content. If you notify us at [support@photobucket.com](mailto:support@photobucket.com), prior to us deleting your Account or Content, we can provide you a download link so that you may download your Content. You may also download your Content on our account deletion page.

    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.

  7. ± CHANGEDCancellation now only lists email

    The old terms let you cancel by email "or by following any other cancellation method made available through the applicable Service." The new text names only the support email address.

    Paid Account subscribers may cancel at any time by contacting [support@photobucket.com](mailto:support@photobucket.com) or by following any other cancellation method made available through the applicable Service.

    Plus Plan subscribers may cancel at any time by contacting [support@photobucket.com](mailto:support@photobucket.com).

  8. + ADDEDOld paid plans keep their price for now

    People on discontinued paid plans get Plus Plan features without an immediate price increase, though Photobucket can raise the price later with notice.

    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](https://photobucket.com/legal/account-types) page, without any increase to the subscription price you were paying as of the Effective Date of these Terms of Use

  9. ± CHANGEDFaceFinder is now a paid-only feature and limited to Groups

    Face recognition used to be available generally; it is now for Plus Plan subscribers only and only searches photos in your Groups, not your personal Library. Processing still happens only on your device.

    Photobucket offers an optional on-device face finder feature ("FaceFinder Feature") that allows you to identify and organize photos by the faces appearing in your User Uploaded Content.

    Photobucket offers an optional on-device face-finding feature ("FaceFinder Feature") available exclusively to Plus Plan subscribers.

  10. ± CHANGEDContent license rewritten around Library and Groups

    The old Private/Public/Sharable content categories were replaced with "Library Content" (private, license only to serve you) and "Group Content" (license also covers showing it to your Group members). The broad old license over Public content — which included creating derivative works and distributing it — was dropped for new uploads.

    You further grant Photobucket a worldwide, non-exclusive, royalty-free license, for so long as necessary to provide the Services to you and, where applicable, to other users or recipients as directed by you or enabled by the Services, and as described in these Terms of Use, to: copy, convey, distribute, stream, post, publicly display (e.g., post it elsewhere), publicly perform, reproduce Public User Uploaded Content and create derivative works solely as necessary to provide, display, and optimize the Services

    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.

  11. ± CHANGEDOld public content now governed by whatever terms applied back then

    Instead of spelling out what happens to pre-February 2024 public content, the terms now point back to the rules that were in effect at the time you uploaded it.

    User Uploaded Content or albums in the current version of the Services that were Public User Uploaded Content prior to February 6, 2024, remains Public for Legacy Free Accounts.

    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.

  12. − REMOVEDEU/UK privacy notice promises removed

    Two references to extra protections for European and UK users were deleted: a promise of special notice when a change affects the legal basis for processing data, and the explanation that consent isn't the only legal basis used.

    IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA OR UNITED KINGDOM AND A CHANGE AFFECTS THE LAWFUL BASIS OR PURPOSE FOR WHICH WE PROCESS YOUR INFORMATION, WE WILL PROVIDE NOTICE IN ACCORDANCE WITH OUR REGIONAL PRIVACY DISCLOSURES NOTICE.

  13. ± CHANGEDCalifornia privacy law reference removed

    The release-from-liability section used to name the California Consumer Privacy Act specifically. It now just says "applicable privacy law" without naming any statute.

    nothing in this Section 10 shall be construed to limit, waive, or restrict any rights you may have under applicable privacy law, including without limitation your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, or any other applicable state or federal privacy statute.

    nothing in this Section 10 shall be construed to limit, waive, or restrict any rights you may have under applicable privacy law.

  14. ± CHANGEDWhatsApp and Meta named as third-party integrations

    The list of outside services the app can connect to now specifically names WhatsApp and Meta.

    such as photo printing, digitization, and payment services ("Third Party Service")

    such as photo printing, digitization, and payment services ("Third Party Service"), including WhatsApp and Meta integrations

  15. ± CHANGEDArbitration section trimmed

    Several sentences were cut, including the arbitrator's power to decide "threshold arbitrability issues," the promise of a reasonable exchange of information, the limit on what relief an arbitrator can award, and the promise to pause class litigation. The core requirement — individual arbitration, no class actions — is unchanged.

    Unless both you and Photobucket otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

    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.

  16. − REMOVEDColorado law limitation language removed

    A paragraph explaining that Colorado law was only for interpreting the contract, and did not extend Colorado law to non-residents, was deleted. Colorado law and Denver courts still apply.

    However, the choice of law provision regarding the interpretation of these Terms of Use is not intended to create any other substantive right to non-Colorado residents to assert claims under Colorado law whether that be by statute, common law, or otherwise.

  17. ± CHANGEDTermination section shortened

    Sentences confirming that termination doesn't erase obligations you already owe, and that Photobucket isn't liable if you lose access by refusing the terms, were removed.

    Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Photobucket or any third party.

  18. − REMOVEDPrivacy warnings about shared links removed

    Detailed cautions that "private" content could still be found via direct URLs, and that Sharing Link content might be seen by people you didn't invite, were removed along with the old content categories.

    Although we implemented measures to protect your privacy, please be aware that just because something is marked "private" does not mean that only the people you invite will see it in all instances.

  19. ± CHANGEDAI content rule wording simplified

    The ban on prohibited content still covers both real and AI-generated material; the wording was tightened to cover all content types, not just images.

    This prohibition includes real images and AI generated image content.

    This prohibition includes real and AI-generated content.

  20. ± CHANGEDHeadings and formatting standardized

    All section headings were converted to markdown heading format. No change to meaning.

    1\. INTRODUCTION

    ## 1\. INTRODUCTION

Full text changes

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

1Effective Date: April 13, 2026
1Effective Date: August 11, 2026
22
31\. INTRODUCTION
3## 1\. INTRODUCTION
44
5These Terms of Use ("Terms of Use") apply to your use of any Photobucket.com, Inc. ("Photobucket," "we," "our," or "us") website ("Site"), Photobucket application ("App") or other services, such as photo and video sharing, storage, printing, hosting and digitization services provided by Photobucket.com to you (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.
5These 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.
66
72\. ACCEPTING THESE TERMS OF USE
7## 2\. ACCEPTING THESE TERMS OF USE
88
99Please read these Terms of Use carefully before using the Services. These Terms of Use, together with Photobucket's [Privacy Policy](https://photobucket.com/legal/privacy-policy), [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy), [Regional Privacy Disclosures Notice](https://content.photobucket.com/regional-laws.pdf), [Intellectual Property Policy](https://photobucket.com/legal/copyright-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.
1010
11EXCEPT 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). IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA OR UNITED KINGDOM AND A CHANGE AFFECTS THE LAWFUL BASIS OR PURPOSE FOR WHICH WE PROCESS YOUR INFORMATION, WE WILL PROVIDE NOTICE IN ACCORDANCE WITH OUR REGIONAL PRIVACY DISCLOSURES NOTICE.
11EXCEPT 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).
1212
1313IMPORTANT: 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.
1414
1515If you do not agree to these Terms of Use, please:
1616
1717- Do not start using the Services or discontinue use if you have already started.
1818- Do not submit any Personal Information or User Uploaded Content.
1919
203\. USE OF THE SERVICES
20## 3\. USE OF THE SERVICES
2121
223.1 Authorized Users and Age Requirements
22### 3.1 Authorized Users and Age Requirements
2323
2424"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.
2525
2626**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.
2727
2828**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.
2929
3030**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](mailto:support@photobucket.com). Photobucket will promptly investigate and, where confirmed, delete any personal information collected from an underage user.
3131
3232**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.
3333
343.2 Subscriber, Account
34### 3.2 Subscriber, Account
3535
36"Subscriber" refers to a person or legal entity accessing or using at least one of the Services who has created either a Free Tier Account, a Legacy Free Account, a Paid Account, or a Group Album Invitee 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:
36"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:
3737
3838- You have provided true information when you registered to be a Subscriber and created an Account.
3939- 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.
4040- 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.
4141- You meet the minimum age requirement set forth in Section 3.1.
4242- You are not breaking any laws when you use the Services.
4343- You will not resell any of the Services.
4444- You will not violate these Terms of Use as a Subscriber.
4545
463.3 Modifications to Services
46### 3.3 Modifications to Services
4747
4848Photobucket 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.
4949
503.4 Prohibited Use
50### 3.4 Prohibited Use
5151
5252You may not do any of the following (collectively and individually "Prohibited Use") while accessing or using the Services:
5353
5454- Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Photobucket and/or its service providers.
5555- Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
5656- 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).
5858- Use any device, software, or routine that interferes with the proper working of the Services.
5959- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6060- 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.
6161- Sell or share your Account access.
6262- Use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers.
6363- 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.
64- 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 images and AI generated image content.
64- 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.
6565- Use the Services in a manner that violates any applicable law, regulation, and/or right of an individual.
6666- 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.
6767
683.5 Enforcement; Suspension and Termination.
68### 3.5 Enforcement; Suspension and Termination
6969
7070Without 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.
7171
72In 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 Album, or shared environment, including users who have been granted access to view, upload, or contribute Content. 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.
72In 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.
7373
743.6 Accounts and Passwords
74### 3.6 Accounts and Passwords
7575
7676To 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.
7777
783.7 Types of Accounts
78### 3.7 Types of Accounts
7979
80Photobucket offers different account types, each with its own features, limitations, and eligibility requirements. The current features, limitations, and offerings for each account type are described on our [Account Types and Features](https://photobucket.com/legal/account-types) page and may be updated from time to time. The following sections describe the basic terms governing each account type.
80Photobucket 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](https://photobucket.com/legal/account-types) 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](https://photobucket.com/legal/account-types) 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.
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82**3.7.1 Free Tier Account**
82**3.7.1 Free Plan Account**
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84Photobucket offers a Free Tier Account ("Free Tier") to eligible users. Eligibility is limited to new Photobucket sign-ups and to certain Legacy Free Account holders at Photobucket's sole discretion. Photobucket reserves the right to determine and modify Free Tier eligibility criteria, features, and limitations at any time without prior notice. Current Free Tier features and limitations are described on our [Account Types and Features](https://photobucket.com/legal/account-types) page.
84Photobucket 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](https://photobucket.com/legal/account-types) page.
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86**Storage Limits and Visibility.** The item limit described on the [Account Types and Features](https://photobucket.com/legal/account-types) 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.
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88Photobucket 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](https://photobucket.com/legal/account-types) page.
89
8690**3.7.2 Legacy Free Account**
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88"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 Paid Account, are determined by Photobucket in its sole discretion to be eligible for a Free Tier Account, or we offer or assign a limited evaluation period to you. If you do not convert your Legacy Free Account to a Paid Account or a Free Tier Account (if eligible), we may, in our sole discretion, delete your Account and/or Content. If you notify us at [support@photobucket.com](mailto:support@photobucket.com), prior to us deleting your Account or Content, we can provide you a download link so that you may download your Content. You may also download your Content on our account deletion page. You may also request to have your Account and its Content deleted.
92"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](mailto: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.
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90**3.7.3 Paid Account**
94**3.7.3 Plus Plan Account**
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92"Paid Account" refers to the paid subscription options that give the Subscriber expanded storage, image hosting, and other services. A Paid Account is billed either monthly or annually at your option and, to the extent permissible by law, will automatically renew. Photobucket reserves the right to change the price, services, and features of its Paid Account plans at any time with reasonable notice. Current Paid Account tiers, features, and pricing are described on our [Account Types and Features](https://photobucket.com/legal/account-types) page.
96"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](https://photobucket.com/legal/account-types) 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](https://photobucket.com/legal/account-types) 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](https://photobucket.com/legal/account-types) page.
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94**3.7.3.1 Payments, Expirations, Refunds, and Cancellations**
98A 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](https://photobucket.com/legal/account-types) page.
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96When you subscribe to a Paid 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.
100**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](https://photobucket.com/legal/account-types) 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.
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98Paid Account subscribers are responsible for providing (and updating when necessary) complete and accurate billing and contact information to Photobucket and for all applicable taxes.
102If 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](https://photobucket.com/legal/account-types) page.
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100Paid Account subscribers may cancel at any time by contacting [support@photobucket.com](mailto:support@photobucket.com) or by following any other cancellation method made available through the applicable Service. 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.
104**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](https://photobucket.com/legal/account-types) page.
101105
102Fees 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](mailto:support@photobucket.com) or using any other cancellation method available through the applicable Service. 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.
106**3.7.3.1 Payments, Expirations, Refunds, and Cancellations**
103107
104If 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.
108When 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.
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106**3.7.4 Group Album Invitees**
110Plus Plan subscribers are responsible for providing (and updating when necessary) complete and accurate billing and contact information to Photobucket, and for all applicable taxes.
107111
108All Photobucket subscribers who create Group Albums may invite other people ("Group Album Invitees") to access, view, upload content to, and contribute to those Group Albums. Group Album Invitees may also add comments and reactions to content within any Group Album to which they have been invited, subject to Section 5.3 of these Terms of Use. Group Album Invitees may access a subscriber's designated Group Albums until such time as the subscribing host either removes the Group Album Invitee's access, deletes the applicable Group Album, cancels or downgrades their Paid Account subscription (where applicable), or Photobucket removes access in accordance with these Terms of Use. When accepting an invitation to a Group Album, Group Album Invitees may be required to create an Account but are not required to provide a payment method solely to access another subscriber's Group Albums.
112Plus Plan subscribers may cancel at any time by contacting [support@photobucket.com](mailto: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.
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1103.8 Third Party Services
114Fees 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](mailto: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.
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112The 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"). 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.
116If 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.
113117
1144\. PRIVACY
118**3.7.4 Group Members**
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116You own, and are responsible for, all Content you submit, upload, or display on or while using Photobucket. 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. If you are located in the European Economic Area or United Kingdom, the lawful bases for our processing of your information are as set forth in our Regional Privacy Disclosures Notice and may include bases other than consent, such as contract performance, legal obligation, or legitimate interests. To access the Privacy Policy, please click [here](https://photobucket.com/legal/privacy-policy).
120All 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.
117121
1185\. CONTENT AND USER UPLOADED CONTENT
122When 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.
119123
1205.1 Content Definitions and License Grants
124### 3.8 Third Party Services
121125
122In connection with the Services, you may submit 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 (including transcoding and/or reformatting Content) to allow its use throughout the Services. For purposes of these Terms of Use, we have defined the following types of Content:
126The 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.
123127
124**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.
128## 4\. PRIVACY
125129
126**User Uploaded Content Definition.** Our Services allow you to upload the most commonly used image and video files. 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." User Uploaded Content may be Private User Uploaded Content, Public User Uploaded Content, or Shareable 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. Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time, except to the extent caused by our failure to implement reasonable security measures. Please note that User Uploaded Content, in addition to being subject to these Terms of Use, is also governed by our [Privacy Policy](https://photobucket.com/legal/privacy-policy) and our [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy).
130You 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](https://photobucket.com/legal/privacy-policy).
127131
128**Private User Uploaded Content Definition.** In the past versions of Services offered by Photobucket, a Subscriber with an Account could mark any album with User Uploaded Content they uploaded as "private" ("Private User Uploaded Content"). Although we implemented measures to protect your privacy, please be aware that just because something is marked "private" does not mean that only the people you invite will see it in all instances. For example, individuals may still be able to find the direct URL for a photo or through other search mechanisms and then share or link to it outside the Services. If you share Private User Uploaded Content from the Services or provide someone with a direct link to Private User Uploaded Content, others may be able to see it, even if you marked it "private" according to the past versions of the Services. We are not responsible for any shared Private User Uploaded Content that has been shared after being marked as "private" according to the past Services offered by Photobucket, except to the extent that such exposure was caused by our failure to implement reasonable security measures.
132## 5\. CONTENT AND USER UPLOADED CONTENT
129133
130**Public User Uploaded Content Definition.** The past versions of Services offered by Photobucket allowed you to upload and share images and information that, by doing so and marking such albums "Public," you intended to be viewed, copied, downloaded, or used by other people such as: (a) tagging, describing, or commenting on images, whether such images are posted by you or someone else; (b) making comments on a forum; or (c) clicking on an icon next to another user's image or comment to convey your agreement, disagreement, or thanks. This content is referred to as "Public User Uploaded Content." The concept of "Public" from the past versions of Services offered by Photobucket no longer exists for new uploads of User Uploaded Content as of February 6, 2024. User Uploaded Content or albums in the current version of the Services that were Public User Uploaded Content prior to February 6, 2024, remains Public for Legacy Free Accounts. User Uploaded Content uploaded as of February 6, 2024, is not Public User Uploaded Content.
134### 5.1 Content Definitions and License Grants
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132**Sharable User Uploaded Content Definition.** Albums and User Uploaded Content in the current version of the Services that were uploaded from a Paid Account are not Public User Uploaded Content because they are shareable instead of Public ("Sharable User Uploaded Content"). Public User Uploaded Content prior to February 6, 2024, for Paid Accounts converted to Shareable User Uploaded Content as of February 6, 2024, because in the current version of the Services, albums with User Uploaded Content can be shared by creating a link. This link can be viewed by those with access to it and can also be password protected. These links are referred to as "Sharing Links." Although we implemented measures to protect your privacy, please be aware that just because something is accessible through a Sharing Link does not mean that only the people you invite will see it in all instances. We are also not responsible for any shared User Uploaded Content that has been shared with a Sharing Link under the current version of the Services, except to the extent caused by our failure to implement reasonable security measures. If you have questions about your User Uploaded Content, please contact us at [support@photobucket.com](mailto:support@photobucket.com).
136In 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.
133137
134Photobucket does not accept User Uploaded Content on a confidential basis beyond what is necessary to provide the Services and as described in the [Privacy Policy](https://photobucket.com/legal/privacy-policy). This does not affect your ownership rights in your User Uploaded Content, limit any legal protections that may apply to your content under applicable law, or grant Photobucket any rights beyond those expressly set forth in these Terms of Use. You must not upload User Uploaded Content that you intend to share with Photobucket on a confidential basis, as Photobucket is not able to accept confidential submissions through the Services.
138**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.
135139
136Subscribers retain ownership of all intellectual property rights in their User Uploaded Content.
140**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](https://photobucket.com/legal/privacy-policy) and our [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy).
137141
138When you upload Private User Uploaded Content, 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 the Private User Uploaded Content solely to offer our Services to you and to others at your direction or request (e.g., image sharing and hosting by 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 User Uploaded Content, subject to the foregoing exceptions. Any prior sharing of such content by you or at your direction may continue to be accessible to recipients notwithstanding deletion.
142**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.
139143
140You 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, publicly perform, and reproduce the Sharable User Uploaded Content solely to offer the Services to you and to others at your request (e.g., image sharing and hosting by 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 User Uploaded Content, subject to the foregoing exceptions. Any prior sharing of such content by you or at your direction may continue to be accessible to recipients notwithstanding deletion.
144**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.
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142You further grant Photobucket a worldwide, non-exclusive, royalty-free license, for so long as necessary to provide the Services to you and, where applicable, to other users or recipients as directed by you or enabled by the Services, and as described in these Terms of Use, to: copy, convey, distribute, stream, post, publicly display (e.g., post it elsewhere), publicly perform, reproduce Public User Uploaded Content and create derivative works solely as necessary to provide, display, and optimize the Services, whether in print or any kind of electronic version that exists now or is later developed, solely for the purpose of providing our Services to you and, where applicable, to other users or recipients as directed by you or enabled by the Services. Photobucket does not sell, lease, trade, or otherwise profit from the content you upload or your Biometric Information. 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 User Uploaded Content, subject to the foregoing exceptions. Any prior sharing of such content by you or at your direction may continue to be accessible to recipients notwithstanding deletion. The law in areas such as data privacy is continually changing. If you notice something amiss, please contact us at [support@photobucket.com](mailto:support@photobucket.com), and we will review and remedy the issue as appropriate.
146**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.
143147
144All 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](https://photobucket.com/legal/privacy-policy).
148**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](mailto:support@photobucket.com).
145149
150Photobucket 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.
151
152All 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](https://photobucket.com/legal/privacy-policy) and [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy).
153
146154You 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.
147155
148**Depictions of Third Parties**. By uploading User Uploaded Content, you acknowledge that such content may include images or depictions of third parties (including individuals incidentally captured in photographs or videos). You further acknowledge and agree that Photobucket does not review or verify whether you have obtained any necessary permissions, consents, or releases from such individuals, and does not review User Uploaded Content to identify or determine whether it includes 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.
156**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.
149157
1505.2 On-Device FaceFinder Feature
158### 5.2 FaceFinder Feature (Plus Plan)
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152Photobucket offers an optional on-device face finder feature ("FaceFinder Feature") that allows you to identify and organize photos by the faces appearing in your User Uploaded Content. The FaceFinder Feature is entirely optional and is initiated solely by you.
160Photobucket 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](https://photobucket.com/legal/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.
153161
154**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. Face detection and any resulting FaceFinder data remain on your device and are not accessible by Photobucket.
162**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.
155163
156**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](https://photobucket.com/legal/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 from the "Manage Face" screen. Deleting a face will disable the FaceFinder Feature for that face and will remove the associated FaceFinder data for that face from your Device. Withdrawing consent will disable the FaceFinder Feature on your device.
164**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](https://photobucket.com/legal/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.
157165
158166**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.
159167
160168Photobucket's treatment of any Biometric Information in connection with this feature is further described in our [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy).
161169
1625.3 Comments and Reactions
170### 5.3 Comments and Reactions
163171
164All users with access to an album-including Free Tier subscribers, Paid Account subscribers, and Group Album Invitees-may add comments and reactions to content within any album to which they have access. By adding a comment or reaction, you agree that:
172All 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:
165173
166174- Your comment or reaction is Content subject to these Terms of Use, including all license grants set forth herein;
167175- 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;
168176- 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.
169177
170Album owners may report inappropriate comments or reactions by contacting [abuse@photobucket.com](mailto:abuse@photobucket.com).
178Group owners may report inappropriate comments or reactions by contacting [abuse@photobucket.com](mailto:abuse@photobucket.com).
171179
1726\. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
180## 6\. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
173181
174182You 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.
175183
1767\. PAID SERVICES
184## 7\. PAID SERVICES
177185
178Some 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 Paid Accounts are set forth in Section 3.7.3.1.
186Some 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.
179187
1808\. MODIFICATIONS TO TERMS OF USE
188## 8\. MODIFICATIONS TO TERMS OF USE
181189
182Photobucket 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 on the applicable Services or this location, in the amended policies, or supplemental terms on the applicable Service(s). 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.
190Photobucket 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.
183191
184If Photobucket changes these Terms of Use after the date you first agreed to the Terms of Use (or to any subsequent changes to these Terms of Use), 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](mailto: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. Photobucket's collection and use of Personal Information in connection with the Services is described in our [Privacy Policy](https://photobucket.com/legal/privacy-policy).
192If 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](mailto: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.
185193
1869\. WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN "AS-IS" BASIS
194## 9\. WARRANTY DISCLAIMER: SERVICES AVAILABLE ON AN "AS-IS" BASIS
187195
188196Your 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.
189197
190We 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 Paid Account Subscriber.
198We 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.
191199
19210\. RELEASE FROM LIABILITY
200## 10\. RELEASE FROM LIABILITY
193201
194202You 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:
195203
196204- Disputes between Authorized Users, including those between you and other Authorized Users;
197205- Your use of Third Party Services, including Content found on or in connection with such Third Party Services;
198206- Any claim resulting from your use of the Services in a manner inconsistent with these Terms of Use;
199207- Disputes concerning any use of, or action taken using, the Services on your device by you or a third party;
200208- Unauthorized access to your account by a third party, or any use of the Services under your Account; and
201209- 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.
202210
203Notwithstanding 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, including without limitation your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, or any other applicable state or federal privacy statute.
211Notwithstanding 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.
204212
205213If 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.
206214
20711\. LIMITATION OF LIABILITY
215## 11\. LIMITATION OF LIABILITY
208216
209217TO 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.
210218
211219NOTWITHSTANDING 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.
212220
21312\. TERMINATION
221## 12\. TERMINATION
214222
215Either 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 Paid Account 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. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Photobucket or any third party. Furthermore, your termination of these Terms of Use does not relieve you of any obligation under other terms of the Agreements. Photobucket is not responsible or liable for your inability to use the Services or any feature or part of the Services as a result of your choice not to agree to these Terms of Use.
223Either 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.
216224
21713\. MISCELLANEOUS
225## 13\. MISCELLANEOUS
218226
219227**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.
220228
221229**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.
222230
223231**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.
224232
225**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.
233**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.
226234
227235**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.
228236
229**13.6 Misuse Reporting.** As a Subscriber of Photobucket, if you become aware of misuse of the Services by any person, please email [abuse@photobucket.com](mailto: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](https://photobucket.com/legal/copyright-policy).
237**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](mailto: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](https://photobucket.com/legal/copyright-policy).
230238
231**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, which may include Standard Contractual Clauses or other mechanisms required under applicable law; 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.
239**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.
232240
233**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). However, the choice of law provision regarding the interpretation of these Terms of Use is not intended to create any other substantive right to non-Colorado residents to assert claims under Colorado law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided, are only intended to specify the use of Colorado law to interpret these Terms of Use and the forum for disputes asserting a breach of these Terms of Use, and these provisions shall not be interpreted as generally extending Colorado law to you if you do not otherwise reside in Colorado. 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.
241**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.
234242
235243**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.
236244
23714\. ARBITRATION AGREEMENT
245## 14\. ARBITRATION AGREEMENT
238246
239247PLEASE 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.
240248
241249By 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.
242250
243**14.1 Agreement to Binding Arbitration Between You and Photobucket.** 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 acknowledge and agree that 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. Unless both you and Photobucket otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, 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.
251**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.
244252
245**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](http://www.adr.org/) or by calling the AAA at 1-800-778-7879. You and Photobucket (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, including any claim that all or any part of this Arbitration Agreement is void or voidable, 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 Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Use are illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding any choice of law or other provision in these Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Colorado.
253**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](http://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.
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247255**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.
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249**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. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
257**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.
250258
251**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. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. 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.
259**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.
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253261**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.
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255**14.7 Changes.** Notwithstanding the provisions in Section 1 (Introduction) and Section 2 (Accepting These Terms of Use) above, regarding consent to be bound by amendments to these Terms of Use, if Photobucket changes this Arbitration Agreement after the date you first agreed to these Terms of Use (or to any subsequent changes to these Terms of Use), you may reject any such change to this Arbitration Agreement 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](mailto: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.
263**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](mailto: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.
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257**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 pursuant to the Arbitration Agreement; 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, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. This Arbitration Agreement shall survive the termination of these Terms of Use.
265**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.
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25915\. NOTICE
267## 15\. NOTICE
260268
261269Photobucket 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](mailto:support@photobucket.com) or in person by nationally recognized overnight courier or mailed by first class, registered, or certified mail, postage prepaid, to:
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263271Photobucket.com, Inc.
264272Attn: Legal Department
265273621 Kalamath Street, Suite 135
266274Denver, CO 80204 USA
267275
26816\. CONTACT INFORMATION
276## 16\. CONTACT INFORMATION
269277
270278If you have any questions or concerns regarding use of the Services, please contact us at:
271279
272280[support@photobucket.com](mailto:support@photobucket.com)
273281
274282Our legal address is:
275283621 Kalamath Street, Suite 135
276284Denver, CO 80204 USA
277285
278286You may request a copy of these Terms of Use by emailing us at [support@photobucket.com](mailto:support@photobucket.com), Subject: Terms of Use Agreement.
279287
28017\. DO YOU NEED EXTRA HELP?
288## 17\. DO YOU NEED EXTRA HELP?
281289
282290If you would like these Terms of Use, our [Privacy Policy](https://photobucket.com/legal/privacy-policy), [Biometric Information Privacy Policy](https://photobucket.com/legal/biometric-information-privacy-policy), [Regional Privacy Disclosures Notice](https://content.photobucket.com/regional-laws.pdf), [Intellectual Property Policy](https://photobucket.com/legal/copyright-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](mailto:support@photobucket.com).
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284© 2026 Photobucket.com, Inc. All rights reserved. Photobucket is a registered trademark of Photobucket.com, Inc.
292© 2026 Photobucket.com, Inc. All rights reserved. Photobucket is a registered trademark and Groupsy is a trademark of Photobucket.com, Inc.