Photobucket.com Terms of Use
Last revised May 1, 2019
Thank you for visiting Photobucket.com (the "Site"), operated by Photobucket.com, Inc.
("Photobucket" or "we" or "us"). Please carefully read these Terms of Use ("Terms") so you
understand how we operate this Site, what we offer and how we can work together. Please also
read our Privacy Policy and Copyright and IP Policy. By using the Site and the Services (defined
below), whether on a desktop computer or mobile device, (even if you're just visiting), you are
agreeing to the Terms, Privacy Policy and Copyright and IP Policy posted at the time of your
visit.
About Us
Photobucket offers image storage, hosting, sharing and searching services as well as printing
services (collectively referred to as the "Services") that are offered via the Site and our mobile
app services, as well as sites provided by our vendors.
Our Customers
The Site is open to anyone 16 years of age or older, but some of the Services are only
available to those people ("Subscribers") who have created either a Free Account or a Paid
Account (collectively, "Account"). You can visit the Site to search for images without registering
as a Subscriber but with both Free Account and Paid Account options that offer so many
Services, we believe you will find the plan that is right for you!
Subscriber Responsibilities
When you become a Subscriber, you agree to the following:
• You have provided true information when you registered to be a Subscriber and created an
Account;
• 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 e-mail which will require a response;
to complete your registration or keep your Account active;
• You will notify us if something changes;
• You are 16 years of age or older;
• You are not breaking any laws when you use the Services;
• You will not resell any of the Services; and
• You will not violate these Terms as a Subscriber.
If you become a Subscriber, you are responsible for the "Content" (defined below) and activities
in your Account, for protecting your Content with a secure password and not sharing your
password with anyone. We recommend using a combination of numbers, symbols and lower and
upper case letters to create a secure password.
Photobucket reserves the right to suspend, restrict or terminate your Account at any time (even if
you've paid for a monthly or annual subscription at the time of such action), without warning for
any violation of these Terms, with or without prior notice or explanation and without liability, and
can even take legal action if needed. Termination of your Account may include, in Photobucket's
sole discretion, permanently removing your Content without warning.
For example, we may terminate your Account if you infringe the intellectual property rights of
others or if you commit illegal acts using the Site or Services—although we may, in our discretion,
instead deny, restrict or suspend access to all or any part of the Site, or Services or suspend,
restrict or terminate your Account when something similar occurs. If you are over your allotted
storage limit, Photobucket may suspend your Account until you take certain actions as described
herein or terminate your Account, including removing your Content, without warning.
You may cease use of the Services at any time. Even after you are no longer a Subscriber, you
will still be responsible for the promises you have made to us about your Content. You'll be
responsible for any damages that result from breaking your promises as further outlined below.
Types of Accounts, Pricing and Limits
• Visiting: There is no cost to visit the Site for the purpose of conducting image searches. You
may also be able to create and share links to content, whether it is your Content or the
content of other Site Subscribers who have marked their Content as "public".
• Free Account: Each free account provides a limited amount of Content storage, which is
based upon the lesser of a given amount of storage space, expressed in gigabytes, and total
image count. For example, if the restriction is 2.5GB or 250 images, you will not be able to
upload any additional images once one of these two thresholds is reached.
IF A FREE ACCOUNT SUBSCRIBER EXCEEDS THEIR ALLOTTED STORAGE WHICH IS
DETERMINED BASED UPON THE LESSER OF A GIVEN AMOUNT OF STORAGE SPACE
EXPRESSED IN GIGABYTES AND TOTAL IMAGE COUNT, THEY MAY: UPGRADE TO A
PAID ACCOUNT BY SELECTING THE APPROPRIATE PAID ACCOUNT SUBSCRIPTION
LEVEL, REDUCE THE NUMBER OF IMAGES IN THEIR LIBRARY TO GET BELOW THEIR
ALLOTTED STORAGE OR CLOSE THEIR FREE ACCOUNT. ALTERNATIVELY,
PHOTOBUCKET MAY TERMINATE THE SUBSCRIBER'S ACCOUNT AND
PERMANENTLY DELETE THEIR CONTENT UPON THEIR REQUEST. NOTE THAT
PURSUANT TO THE PHOTOBUCKET MEMBER BILL OF RIGHTS, WE WILL NOT
DELETE YOUR IMAGES WITHOUT YOUR CONSENT, EVEN IF YOU EXCEED YOUR
ALLOTTED STORAGE CAPACITY (EXCLUDES CONTENT WHICH WE DEEM TO BE IN
VIOLATION OF THESE TERMS).
THE FREE ACCOUNT OFFERS LIMITED IMAGE HOSTING THAT CONTAINS A
PHOTOBUCKET WATERMARK THAT REFLECTS THAT THE IMAGE IS HOSTED FOR
FREE BY US. EFFECTIVE JUNE 1, 2019, FREE HOSTING SHALL BE LIMITED TO 25MB
PER ACCOUNT (NOT PER IMAGE) PER MONTH. IN THE EVENT A FREE ACCOUNT
EXCEEDS 25MB IN A GIVEN MONTH, THE IMAGES SHALL ALL BE BLURRED AND
WATERMARKED UNTIL THE EARLIER OF: (A) THE START OF THE NEXT MONTH
WHEN BANDWIDTH USAGE FOR SUCH ACCOUNT SHALL RESET, AND (B) YOU
PURCHASE A DESIGNATED PREMIUM ACCOUNT THAT OFFERS UNLIMITED
HOSTING.
The free account does not allow any image hosting or storing/sharing of legal adult
not safe for work ("nsfw") images. If you are interested in image hosting or storing/sharing
legal adult nsfw images, you will need to subscribe to one of our Paid Accounts. Free
account Subscribers can upgrade to a Paid Account at any time.
• Paid Account: Photobucket offers several paid options that give the Subscriber more
storage, image hosting and other services, such as the ability to store/share legal not safe for
work "nsfw" images. Please note that Paid Accounts are billed either monthly or annually at
your option.
IF A PAID ACCOUNT EXCEEDS ITS ALLOTTED STORAGE CAPACITY WHICH IS
DETERMINED BASED UPON THE LESSER OF A GIVEN AMOUNT OF STORAGE SPACE
EXPRESSED IN GIGABYTES AND TOTAL IMAGE COUNT, THE SUBSCRIBER MAY:
UPGRADE TO A HIGHER LEVEL PAID ACCOUNT BY SELECTING THE APPROPRIATE
PAID ACCOUNT SUBSCRIPTION LEVEL, REDUCE THE NUMBER OF IMAGES IN THEIR
ACCOUNT TO GET UNDER THEIR ALLOTTED STORAGE CAPACITY OR CLOSE THEIR
CURRENT PAID ACCOUNT. ALTERNATIVELY, PHOTOBUCKET MAY TERMINATE THE
SUBSCRIBER'S ACCOUNT AND PERMANENTLY DELETE THEIR CONTENT UPON
THEIR REQUEST. NOTE THAT PURSUANT TO THE PHOTOBUCKET MEMBER BILL OF
RIGHTS, WE WILL NOT DELETE YOUR IMAGES WITHOUT YOUR CONSENT, EVEN IF
YOU EXCEED YOUR ALLOTTED STORAGE CAPACITY (EXCLUDES CONTENT WHICH
WE DEEM TO BE IN VIOLATION OF THESE TERMS).
EFFECTIVE JUNE 1, 2019, THE 250GB AND UNLIMITED PLANS ARE THE ONLY PAID
ACCOUNTS THAT OFFER UNLIMITED IMAGE HOSTING. THE 25GB PLAN OFFERS THE
SAME HOSTING BENEFITS AS THE FREE ACCOUNT (SEE ABOVE FOR DETAILS).
• Additional Features of all Paid Accounts: When you upgrade to any Paid Account, you
will also receive:
o Premium Support. You have direct access to our tech support team.
o No Ads. When you're logged into your Paid Account, you won't see any third party
ads on the Site (note: (1) viewers of your images within Photobucket will see ads
unless they, too, have Paid Accounts, and (2) you will continue to see Photobucket
offers and announcements).
• Modifying Your Paid Account: Photobucket has the right to change the Services and
features of its Paid Plans at any time. If you are a Paid Account Subscriber, you can
always upgrade to a higher-level Paid Account and will have the opportunity to
downgrade your Account level at the beginning of the next monthly or annual period
anniversary following any such modifications, depending upon whether you selected a
monthly or annual payment option when signed up for a Paid Account.
• Payments, Expirations, Refunds and Cancelations:
• When you subscribe to a Paid Account, you authorize Photobucket to charge you
using your selected payment method for all applicable fees. Thereafter, Photobucket
will automatically charge your credit card monthly or annually, as applicable, unless
you notify us that you want to cancel or disable auto-renewal prior to the next
renewal.
• Paid Account Subscribers are responsible for providing (and updating when
necessary) complete and accurate billing and contact information to Photobucket.
• Paid Account Subscribers can cancel at any time by contacting
support@photobucket.com. If you cancel, except as provided below, you will not be
charged for any future Account term, and you will continue to receive the service you
purchased through the end of the paid term.
• Fees are non-refundable except as may be required by applicable law and as
follows: Within forty-eight (48) hours ("Refund Period") from the moment in which
your subscription payment was first initiated by you on our Site in connection with a
new paid subscription, or processed by us in connection with a renewal of an existing
paid subscription, you may request a cancellation and refund of the full payment you
paid to us by contacting plus@photobucket.com. Please note that your request for
cancellation/refund must be received by us within such Refund Period. There are no
exceptions to this Refund Period deadline and we shall make the sole determination
on whether your request: (i) was timely received by us, and (2) was clearly
communicated to us.
• If any fee is not paid in a timely manner, or Photobucket is unable to process your
transaction using the credit card information provided, Photobucket may suspend or
terminate your Account until such time as the applicable payment is made.
• Paid Account Subscribers are responsible for all applicable taxes. Photobucket will
charge taxes when required to do so.
Content and Service Limits
Photobucket continues to grow and get better because of users like you. If you are a Subscriber,
you can upload image files of any, number, size or quality ("Content"). However, here are some
limitations:
• File Size and Bandwidth Limits: The file size, bandwidth and amount of storage you have
are based on your Account level.
• Types of Content Limits: At Photobucket, we strive to create a place where everyone feels
welcome, so please be mindful of others. Broadly speaking, please do not upload Content
you didn't create, that violates somebody else's rights, demeans another person, is offensive
or harassing, seeks personal information or passwords, is a form of spam or that is illegal.
We reserve the right to restrict or terminate your use of the Site and our Services for violation
of these prohibitions or similar activities.
Content & Privacy
You retain all your rights to any Content you submit, upload or display on or while using
Photobucket. This means that you own all the Content you post and are responsible for its
settings:
• You can mark any Content you upload as "private." Content marked "private" will not show
up in public search results on the Site and only users you have given access will be able to
view the Content.
• Although we have created 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. Users 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 Site.
• When you upload Content marked as "private", you grant us a worldwide, non-exclusive,
royalty-free, non-revocable, right and license to: copy, stream, post, display and reproduce
the Content so that we may offer our Services to you and to others, at your request (e.g.
image sharing and hosting by you).
• Please remember, if you share Content from the Site or provide someone with a
direct link to Content, others may be able to see it, even if you marked it "private"
on the Site. We are not responsible for any shared Content that has been shared
after being marked as "private."
• If you close your account and request that we delete your Content (by contacting us at
support@photobucket.com), we will remove your Content from the Site (unless we are legally
obligated to maintain it for any reason). If you close your account and do not make such a
written request, we may, in our sole discretion, either maintain or delete your images. See
Privacy Policy for details.
• If you mark Content as "private" that was previously marked "public", Photobucket will
promptly hide it from search results on the Site.
• Note that all Content uploaded by you, whether designated as "public" or "private" may be
stored by us as backup files or on servers for many reasons even after you delete or change
privacy settings, and we may retain and use it as needed for our own internal purposes, such
as improving our (and our vendors') image tagging capabilities.
• When you upload Content marked as "public", you grant us a worldwide, non-exclusive,
royalty-free, non-revocable, right and license to: copy, sell, convey, distribute, stream, post,
publicly display (e.g. post it elsewhere), reproduce and create derivative works from it
(meaning things based on it), whether in print or any kind of electronic version that exists now
or is later developed, for any purpose, including a commercial purpose with the right to
sublicense such rights to others.
• By making your Content public, you are also giving all other Site users the right to copy,
distribute, publicly perform, publicly display, reproduce and create derivative works from it via
the Site, third party websites or applications (for example, via services allowing Subscribers
to order prints of Content or t-shirts and similar items containing Content, and via social
media websites), provided such use is not for a commercial purpose.
• 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, contract rights, intellectual property rights or human 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 image tagging from
our vendors to offer the Services (including transcoding and/or reformatting Content) to allow
its use throughout the Services.
• Photobucket has the right to place advertising, promotions, notifications or identifiers,
banners and watermarks on or near your Content, and how and what are up to us.
• Photobucket may moderate Content. However, we are not responsible for what you have
uploaded and we are under no obligation to modify or remove any inappropriate Content. We
have provided some tools on the Site, such as links to "flag as inappropriate," so you can let
us know if you find Content offensive. As a general rule, we allow "not safe for work"
("NSFW") content in Paid Accounts that is not illegal, violent, hateful or otherwise deemed to
be overtly offensive by us in our sole discretion. We reserve the right to change the
designation of your Content and/or albums from "public" to "private". We will not, however,
change your "private" setting on your Content or albums to "public".
• If you stop using the Services, your Content may remain on the Site unless you actively
remove your Content, and the rights you granted to us and other Site users remain.
Notwithstanding, Photobucket may delete your Content in its sole discretion.
• In order to continue to improve the Site and Services, we may use software and other things
on the Site that we own or that have been licensed to us ("Photobucket Software").
Photobucket has also created the look, feel and architecture of the Site and has posted
certain images and videos ("Photobucket Content"). Together the Photobucket Content and
Photobucket Software are the "Photobucket Materials." Photobucket Materials are ours and
remain ours. Except in viewing the Site, you agree that you will not copy, distribute, publicly
perform, publicly display, reproduce or create derivative works from the Photobucket
Software. If you follow these Terms, you are entitled to use and display the Photobucket
Content the same way you would use other Content on the Site.
Limits on Use
• It is a violation of these Terms to disrupt the Site or the way it functions, interfere with other
users' enjoyment of the Site or Services or use the Site to deceive, harass or solicit people.
• It is also a violation to scrape the Site, fusker files or otherwise make any use of data mining,
robots or similar data gathering and extraction tools.
• You may not sell or share your Account access to anyone. For example, selling website
templates to third parties with images linked from Photobucket.
• It is up to Photobucket whether to suspend, restrict or terminate your use for violation of
these prohibitions or similar activities.
Other Important Guidelines
• You are solely responsible for your interactions with other Site users. Nonetheless, we
reserve the right, but are not obligated, to intervene for the benefit of the Site and Services.
• These Terms, the Copyright and IP Policy and the Privacy Policy can change. Again, please
carefully read this document and our other policies. We may announce if any "big" changes
are made, but so long as you've used the Site or any Services after the change, regardless of
any separate notice, you agree to the current posted version of the Terms.
• Our Site is hosted in the US. There may be more or fewer protections for you in your country
than here.
• Software available in connection with the Site and services offered through the Site (the
"Software") is further subject to United States export controls. No Software may be
downloaded from the Services or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using the Software is at your sole risk.
• These Terms are governed by, and interpreted in keeping with, the laws of the State of
Colorado, regardless of any conflict of law provisions. You and Photobucket agree to submit
to the exclusive jurisdiction of the courts located within the State of Colorado to resolve any
dispute arising out of the Agreement or the Services.
• YOU AND PHOTOBUCKET SHALL MAKE A GOOD FAITH EFFORT TO RESOLVE ANY
BREACH OF THESE TERMS, OR ANY OTHER DISPUTE ARISING UNDER OR IN
CONNECTION WITH THESE TERMS, THROUGH MEDIATION CONDUCTED WITHIN
THIRTY (30) DAYS FOLLOWING FIRST ASSERTION OF THE BREACH OR DISPUTE. IF
EIGHT (8) HOURS OF SUCH MEDIATION DOES NOT FULLY RESOLVE THE BREACH
OR DISPUTE, OR IF THE PARTIES DO NOT CONDUCT SUCH MEDIATION, THE
BREACH OR DISPUTE SHALL BE RESOLVED IN THE CITY OF DENVER BY BINDING
ARBITRATION UNDER THE ADMINISTRATION AND RULES OF JAMS
(HTTP://WWW.JAMSADR.COM). NOTWITHSTANDING THE FOREGOING MEDIATION
AND ARBITRATION PROVISIONS, PHOTOBUCKET NEVER SHALL BE PRECLUDED OR
DELAYED FROM SEEKING AND OBTAINING TEMPORARY, PRELIMINARY AND
PERMANENT INJUNCTIVE RELIEF AGAINST INFRINGEMENT OR OTHER VIOLATION
OF ITS CLAIMED INTELLECTUAL PROPERTY RIGHTS, OR OTHER RELIEF THAT IT
DEEMS REASONABLY NECESSARY TO DEFEND OR ENFORCE ITS RIGHTS OR
THESE TERMS, IN ANY COURT(S) OF COMPETENT JURISDICTION.
• As a Subscriber of Photobucket, if you become aware of misuse of the Services by any
person, please email 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 Copyright and IP Policy.
• You use the Site at your own risk and the Site and Services are provided "AS IS."
• We are not saying that the Site will meet any of your specific needs or that you will get any
particular results if you use the Site. We are not responsible for the conduct of other users'
conduct on- or off-line.
• We 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're a Paid
Account Subscriber.
• While we make an effort to keep the Site up and running at all times, we are not responsible
for any errors, omissions, interruptions, deletions, defects, delays in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, any user communication, whether the result of our maintenance of the Site or
any problems or technical malfunction of any network, servers, software or equipment,
Internet traffic or any other failure of any nature.
• We are not responsible for advertisements or applications or services that are posted on or
through the Site, 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.
• The Site may contain links to other websites, wholly unrelated to Photobucket. For example,
when you seek to print an image, you will be redirected to Photobucket's print vendor. If you
enter the print site, or otherwise click on links to third party sites, you will be leaving the Site.
When you do, you will be governed by the terms of use and privacy policy of that other site.
You should review that site's terms and policies.
Things to Keep in Mind
Though everything in these Terms and in our Copyright and IP Policy and our Privacy Policy is a
binding contract, we need to let you know the following:
• Limitation on Liability. IN NO EVENT SHALL PHOTOBUCKET BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING
FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PHOTOBUCKET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, PHOTOBUCKET'S LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
PHOTOBUCKET FOR THE SERVICES DURING THE THEN CURRENT ACCOUNT TERM.
FREE ACCOUNT AND OTHER USERS ACKNOWLEDGE AND AGREE THAT
PHOTOBUCKET SHALL HAVE NO LIABILITY TO THEM IN THE EVENT THAT SUCH
FREE ACCOUNT OR OTHER USER’S USE OF THE SERVICES IS RESTRICTED OR
TERMINATED FOR ANY REASON OR NO REASON.
• Your Indemnity to Us. If you breach any of the representations made herein regarding your
rights in the Content, or your uploading of Content violates any of the promises you have
made, you agree to indemnify, defend and hold Photobucket, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Site and Services in violation of that and/or arising from
any Content that you post on or through the Site and Services.
• Some Obligations Continue Even After You've Gone. 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 Site and Services. Obligations you owed to us and other
Site users, which by their nature are intended to survive closing or termination, will survive.
Contact Us
• Get Copies: You may request a copy of these Terms by emailing us
at tou@Photobucket.com, Subject: Terms of Use Agreement.
Questions? Please contact us at support@photobucket.com