Terms of Service
By using the zilla.picbackman.com web site ("Service"), a service provided by Better, Inc.
("Zilla"), you are agreeing to be bound by the following terms and conditions ("Terms
Zilla reserves the right to update and change the Terms of Service from time to time
without notice. Any new features that augment or enhance the current Service, including the
release of new tools and resources, shall be subject to the Terms of Service. Continued use
of the Service after any such changes shall constitute your consent to such changes. The
latest version of the Terms of Service is available at any time at: Terms of Service
Violation of any of the terms below will result in the termination of your Account. While
Zilla prohibits such conduct and Content on the Service, you understand and agree that
Zilla cannot be responsible for the Content posted on the Service and you nonetheless
may be exposed to such materials. You agree to use the Service at your own risk.
Payment & Refund Terms
- A valid credit card is required for paying accounts. Free accounts are not required to
provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable. There will
be no refunds or credits for partial months of service, upgrade/downgrade refunds, or
refunds for months unused with an open account. In order to treat everyone equally, no
exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties, excluding
only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will
automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your
Account. Zilla does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel the
account by sending an email to firstname.lastname@example.org or by calling us at +1.408.394.7557
- All of your Content will be immediately deleted from the Service upon cancellation.
This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your
cancellation will take effect immediately and you will not be charged again.
- Zilla, in its sole discretion, has the right to suspend or terminate your account
and refuse any and all current or future use of the Service, or any other Zilla
service, for any reason at any time. Such termination of the Service will result in the
deactivation or deletion of your Account or your access to your Account, and the
forfeiture and relinquishment of all Content in your Account. Zilla reserves the
right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Zilla reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or
- Prices of all Services, including but not limited to monthly subscription plan fees to
the Service, are subject to change upon 30 days notice from us. Such notice may be
provided at any time by posting the changes to the Zilla website (zilla.picbackman.com)
or the Service itself.
- Zilla shall not be liable to you or to any third party for any modification, price
change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law. Please review
our copyright compliance policy.
- We claim no intellectual property rights over the material you provide to the Service.
Your profile and materials uploaded remain yours. However, by setting your pages to be
shared publicly, you agree to allow others to view and share your Content.
- Zilla does not pre-screen Content, but Zilla and its designee have the right
(but not the obligation) in their sole discretion to refuse or remove any Content that
is available via the Service.
Limitation of Liability
- You waive and shall not assert any claims or allegations of any nature whatsoever
against Zilla, its affiliates or subsidiaries, their sponsors, contractors,
advertisers, vendors or other partners, any of their successors or assigns, or any of
their respective officers, directors, agents or employees (collectively, the "Released
Parties") arising out of or in any way relating to your use of the Site or the Content,
including, without limitation, any claims or allegations relating to the alleged
infringement of proprietary rights, alleged inaccuracy of Content, or allegations that
any Released Party has or should indemnify, defend or hold harmless you or any third
party from any claim or allegation arising from your use or other exploitation of the
Site. You use the Site at your own risk.
- Without limitation of the foregoing, neither Zilla nor any other Released Party
shall be liable for any direct, special, indirect or consequential damages, or any other
damages of any kind, including but not limited to loss of use, loss of profits or loss
of data, whether in an action in contract, tort (including but not limited to
negligence) or otherwise, arising out of or in any way connected with the use of the
Site or the Content, including without limitation any damages caused by or resulting
from your reliance on the Site or other information obtained from Zilla or any
other Released Party or accessible via the Site, or that result from mistakes, errors,
omissions, interruptions, deletion of files or email, defects, viruses, delays in
operation or transmission or any failure of performance, whether or not resulting from
acts of god, communications failure, theft, destruction or unauthorized access to
Zilla or any other Released Party's records, programs or Services.
- In no event shall the aggregate liability of Zilla, whether in contract, warranty,
tort (including negligence, whether active, passive or imputed), product liability,
strict liability or other theory, arising out of or relating to the use of the Site
exceed any compensation paid by you for access to or use of the Site during the three
months prior to the date of any claim.
- You shall defend, indemnify and hold harmless Zilla and the other Released Parties
from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out
of your use of the Site, and if you are a Subscriber, from your Customer's use of the
Site and from the use of the Site by any person to whom you give access to your account
(including as staff), including any claims made by any person that any of your, and if
you are a Subscriber, your Customer's, User Content infringes the rights, including the
intellectual property rights, of any third party.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and
"as available" basis.
- You understand that Zilla uses third party vendors and hosting partners to provide
the necessary hardware, software, networking, storage, and related technology required
to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to
falsely imply that it is associated with the Service, Zilla, or any other
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service without the express written
permission by Zilla.
- We may, but have no obligation to, remove Content and Accounts containing Content that
we determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any party's
intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of
any Zilla customer, employee, member, or officer will result in immediate account
- You understand that the technical processing and transmission of the Service, including
your Content, may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam"
- You must not transmit any worms or viruses or any code of a destructive nature.
- Zilla does not warrant that (i) the service will meet your specific requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable, (iv) the
quality of any products, services, information, or other material purchased or obtained
by you through the service will meet your expectations, and (v) any errors in the
Service will be corrected..
- The failure of Zilla to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. The Terms of Service
constitutes the entire agreement between you and Zilla and govern your use of the
Service, superceding any prior agreements between you and Zilla (including, but not
limited to, any prior versions of the Terms of Service).