A Photo-Taking Game You Play With Friends

TERMS of use

Picnic, LLC ("Company") maintains and makes available the “Bout” application (the “Application”) for your personal entertainment.  

Please read these Terms of Use carefully before using the Application.  If you do not accept these Terms of Use, then you may not use the Application.  By using this Application you agree to be bound by these Terms of Use. These Terms of Use are subject to change by Company at any time, effective when posted on the Application.  Your continued use after such notice will constitute acceptance by you of such changes.

Overview. The Application enables a person to submit a photograph (each, a “Photograph and collectively, “Photographs”) and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the Application (collectively, “Content”).  All submitted Photographs will be displayed on the Application and/or www.boutgame.com (the “Website”).   Additionally, you may purchase coins in connection with certain games and promotions via the Application. All such purchases will be processed by the Apple Inc. (“Apple”) App Store.  We encourage you to read Apple’s privacy practices and Terms of Use before making any purchases via the Application which can be found at http://www.apple.com/legal/terms/site.html and http://www.apple.com/privacy/.  There is no limit to the number of coins you may purchase and no expiration date associated with such coins.

Use of the Application. This Application is for your sole personal and non-commercial use. You must be 13 years of age or older to use the Application and this site.  Your use of the Application is subject to these Terms of Use and all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  International users agree to comply with all local laws regarding online conduct and acceptable content.
You represent and warrant that: (i) the Content shall be true, accurate, current, complete and not misleading; (ii) the Content shall not violate any law, statute, ordinance or regulation; (iii) you own or have the necessary licenses, rights, consents and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Content to enable inclusion and use of the Content in the manner contemplated by this Agreement; (iv) the Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any artwork, text, copy, trademarks or logos owned by anyone other than you), or that you have obtained all rights necessary to allow you to grant to Company the rights granted herein; (v) neither the Content, nor the use of the Content by Company in accordance with the terms hereof will infringe upon or violate the intellectual property rights and/or other rights of any other person or entity or any applicable laws; (vi) the name you submit in connection with your Content is your name and not the name of any third party; and (vii) the Content shall not create any liability for Company or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders.
You further represent and warrant that you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Content to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Agreement.
You acknowledge and agree that you are responsible for keeping your password secure and are solely responsible for the Content you upload and agree that you will not hold Company responsible or liable for any Content that you access on or provide via the Application.
The Content that you submit, including without limitation, the Photographs, must not contain any content that:

  • -is inaccurate, false or misleading in any way;
  • -is defamatory, abusive, obscene, profane or offensive;
  • -infringes or violates another party's intellectual property rights (such as uploading materials for which you do not have written authority from the owner of such materials, or any materials depicted therein, to post via the Application);
  • -violates any party’s right of publicity or right of privacy;
  • -is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • -is illegal or promotes any illegal activities;
  • -disparages Company and/or its competitors;
  • -contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • -contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
  • -contains any telephone numbers, street addresses, last names, email addresses, employment information, or any other non-public information of any third party.

No Content Monitoring. Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with these Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may include, edit or remove any Content at any time without notice.    

Your License to Company. Except as otherwise provided herein, any and all Content that you transmit to Company through the Application shall remain your sole and exclusive property, and you shall be solely responsible for your Content and the consequences of posting or publishing it. By submitting your Content via the Application, you hereby irrevocably grant to Company the unlimited, non-exclusive, perpetual, worldwide, irrevocable, sublicensable (through multiple tiers), assignable, royalty free right to use, redact, republish, modify, crop, adapt, edit, copy, create derivative works of, perform, distribute or otherwise modify your Photograph including any intellectual property contained therein, together with your name, image, likeness and identity of your hometown, in advertising and/or promotional materials for Company, in any medium now known or hereinafter developed, including, but not limited to, in banner advertisements on the Website, CollegeHumor Media sites (including www.CollegeHumor.com), and social media sites (collectively, “Company Advertising”) in perpetuity, without payment or compensation to you, and without seeking any further approval from you.

Any Content you provide to Company will be deemed public information and not subject to any confidentiality obligation and Company shall have no obligation to maintain its confidentiality except to the extent the Content contains personally identifiable information, in which case, Company’s Privacy Policy shall govern Company’s use of such information.

By uploading Content, you waive the right to make any claim against Company or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Content, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality and you further waive all moral rights you may have in any materials uploaded or sent to us by you.

Termination of Access. In addition to any right or remedy that may be available to Company under these Terms of Use or applicable law, Company may suspend, limit or terminate your access to the Application, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy.  The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy located at www.boutgame.com\privacy.

Our Proprietary Rights.  Company and/or its licensors are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Application.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by Company.

Disclaimer Warranties. THE APPLICATION, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APPLICATION. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Company is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed five dollars (USD $5).

Indemnity/Release. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach or alleged breach by you of any of these Terms of Use, (ii) the use of the Content and Photographs, (iii) the use of your name, image, likeness, and/or hometown, (iv) your use of materials or features available via the Application or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. Furthermore, you hereby release and hold harmless Company, its officers, directors, employees, business partners and agents, from any and all actions, claims, demands, damages, expenses, including costs and attorneys’ fees, losses, liabilities, causes of action or suits of whatever kind or nature, arising out of or related to the use of the Photograph including, without limitation, all claims arising out of or based upon copyright infringement, trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, image or likeness and/or the Photograph.

Governing Law. The laws of the state of New York shall govern these Terms of Use.  You hereby expressly consent to the exclusive jurisdiction and venue in the courts located in New York County, New York, for all matters arising in connection with these Terms of Use and/or your access or use of the Application.

Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Application by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Application for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Application.

If you believe any material transmitted via the Application infringes a copyright, you should provide us with written notice that at a minimum contains:

  • (i)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • (iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • (iv)Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • (v)A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (vi)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Picnic, LLC
Attn: DMCA Designated Agent, Picnic, LLC, 555 W. 18th Street, 3rd Floor, New York, NY 10011
hello@boutgame.com (212) 524-8770

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.  

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us as follows:
By email: hello@boutgame.com
By mail: Picnic, LLC Attn: Julie Babb, 555 W. 18th Street, 3rd Floor, New York, NY 10011

Terms of Use last updated on: December 1, 2012