Terms of Service

We hope that you enjoy the use of services we provide. When creating an account with Picarto.TV, there are some rules and conditions that you need to know in order to ensure that the services we provide stay enjoyable. Please read about these rules and conditions in the Terms of Service (ToS) carefully.

Terms of Service (ToS) for Picarto.TV (Picarto). (Last change at 04/07/2017)

Please note, that by registering and using the services provided by Picarto, you agree to these ToS, that you have read and accepted everything within this document. If you should, at any point and for any reason, no longer agree to these ToS, you must terminate your account and discontinue the use of the services provided by Picarto. The ToS are subject to change. The date on top of the ToS page will always reflect the date of latest changes applied to the ToS.

1. Terms

By accessing this web site, you are agreeing to it's Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Picarto.TV's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Picarto.TV's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Picarto.TV at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Picarto.TV's web site are provided "as is". Picarto.TV makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Picarto.TV does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Picarto.TV or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Picarto.TV's Internet site, even if Picarto.TV or a Picarto.TV authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Picarto.TV's web site could include technical, typographical, or photographic errors. Picarto.TV does not warrant that any of the materials on its web site are accurate, complete, or current. Picarto.TV may make changes to the materials contained on its web site at any time without notice. Picarto.TV does not, however, make any commitment to update the materials.

6. Links

Picarto.TV has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Picarto.TV of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Picarto.TV may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Picarto.TV's web site shall be governed by the laws of Germany without regard to its conflict of law provisions.

9. Acceptable Use

Picarto.TV is content neutral by principle, but our hosts are not. As such, certain content is prohibited, and Picarto.TV reserves the right to cancel any account at any time without warning for streaming anything listed here. Standard procedure though, will be to give one warning before banning anyone.

10. Age restriction

To use the services of Picarto, you have to be 18 years or older. You accept that channels labeled 18+ may themed adult content (as defined further below) and that you may be exposed to such content at any time by accessing those.

11. Account

You are allowed to create two accounts on Picarto. Creating more than two accounts (Multiaccounts) will result in the ban of every account you created on Picarto. Picarto may terminate your access to any service provided by Picarto at any given time without stating reasons.

12. Streaming / Content

Picarto.TV is an creativity centered streaming site. Therefore the main portion of your streams should be related to creativity. Gaming will be permitted for as long as you are using the Game mode. If not already set, the Game mode will put you in the community “Gaming” for the time being. If you turn off your Game mode you will switch to your old community, if it differs from the community “Gaming”. All other topics other than creativity and gaming won’t be tolerated. We reserve the right to temporarily or permanently ban specific streamers who disobey these terms.

13. Allowed/Prohibited Content

You may not stream copyright infringing content, such as movies and videos, furthermore you may not stream racist content, hateful speech or any kind of real pornographic content (photo/video). Also prohibited are depictions of lascivious and NSFW-like persons or characters under the legal age of maturity. Doing so will result in your account being permanently banned.

14. Lascivious and NSFW-like content

Picarto.TV is a live streaming service for creative minds. Artistic freedom is our main dedication and objective to preserve. Therefore, we offer our artists the option to classify their stream as mature content (NSFW). The classification is done by the artist’s own estimation. Moreover a classification of a channel as NSFW is not necessarily related to actual mature content (NSFW). This classification has to be seen as a sole precaution. NSFW-like content may be drawn but has to be related to a creative occupation to cover the artistic freedom. Definition of Lascivious and NSFW-like content on Picarto.TV Lascivious and NSFW-like content on Picarto.TV is defined as created depictions of full grown characters in lascivious situations. These depictions have to be related to a creative occupation. As creative occupation can be seen drawing, sketching, sculpturing, music and others. However, there are limitations in fields of topics. See 13. Allowed/Prohibited Content. Furthermore, violent games require the NSFW mode activated.

Definition of Lascivious and NSFW-like content on Picarto.TV Lascivious and NSFW-like content on Picarto.TV is defined as created depictions of full grown characters in lascivious situations. These depictions have to be related to a creative occupation. As creative occupation can be seen drawing, sketching, sculpturing, music and others.

However, there are limitations in fields of topics. See 13. Allowed/Prohibited Content.

15. Ownership

By using our streaming service you agree to: retain all of ownership rights of your Content. However Picarto.TV is allowed to use your created content for promotion or to display on our website. You also allow us to make use of your content in any showcase and advertisement. We are also allowed to use and alternate the content in any way. Picarto will not sell any of your content.

16. Hacking / Bypassing

In regards to attempted hacking:

Any hacking orientated behavior will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition.

In regards to attempted use of security loopholes without permission:

Searching for security holes without our given permisson (by letter) is forbidden. Any unpermitted activities will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition

In regards to publicizing security loopholes:

Publicizing security holes of any kind and in anyway is forbidden and will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition

In regards to automated data mining:

Any kind of automatic/semi automatic or manual data mining is forbidden and will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition

In regards to gathering and saving data:

Collecting and or saving any kind of user information or person related data is forbidden and will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition

Using our server capacity and or our service from a third party application or website without explicit given permission is forbidden and will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition.

Any damaging activities against Picarto.TV the services provided by Picarto.TV or our business is forbidden and will result in a permanent ban. We reserve the right to take legal action against anyone violating this prohibition.

Using bugs to gain unfair advantages or to illegally gain benefits will result in a ban. Any attempt to harm any service provided by Picarto (e.g. by hacking, bug-using), will result in legal prosecution.

17. Trademarks

Picarto, Picarto.TV, PicartoTV the Picarto logos and any other product or service name or slogan contained in the Picarto.TV Service are trademarks of Picarto and may not be copied, imitated or used, in whole or in part.

You may not use any metatags, hashtags or any other hidden text utilizing "Picarto", "PicartoTV", "Picarto.TV" or any other name, trademark or product or service name of Picarto without our written permission.

In addition, the look and feel of the Picarto.TV Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Picarto and may not be copied, imitated or used, in whole or in part, without our written permission.

18. Picarto Services Deficiency

Picarto cannot be held accountable for any damage caused by using any of picartos services. Furthermore, Picarto cannot be held accountable for any damage caused by losing stored data.

19. Salvatorian / Severability Clause

This ToS is valid at any time. Should any part of this document be deemed invalid or changed, the rest of it stays valid and in full force.

20. Account deletion

You will have to use our "Deactivate my account" function on your settings/account page to delete your account. If you have enabled this function you will not log back in to your account for no less then 30 days or your account will get re-enabled and you will have to re-activate the function and wait another 30 days until your account is deleted from our server.

21. Chat

Spamming or bothering users in the chat is forbidden and will result in a permanent ban.

22. User behavior

Users of the site and chat will have their accounts terminated if they are found to be harassing or stalking other users or streamers. Chat bots are allowed as long as they do not harm Picarto and its system as well as business. Chat bots are prohibited to advertise, harass people or post copyright infringing content. Advertising other platforms offering similar products and services on Picarto.TV is prohibited. We reserve the right to delete links or texts advertising competiting platforms in channel title and/or description. Furthermore, we temporarily/permanently ban specific streamers who disobey these terms.

Terms of Service

1. Subscriptions

Subscribing to a channel is a way to support both the channel owner and Picarto. Picarto offers three different subscription tiers. One month for $4.99, two months for $9.98 and three months for $14.97. By subscribing to a channel, you agree that Picarto may deduct $4.99 / $9.98 / $14.97 from your credit card through the payment provider Stripe, Inc. Stripe, Inc. will deduct 2.9 % + 0.30$ as transaction fee. The remaining amount will be split in two parts. Depending on the account membership a fix percentage goes to Picarto and the remainder goes to the streamer. Accounts with a Free or Basic membership get a revenue of 50% of the remainder. Accounts with Premium memberships will get a revenue of 95% as long as the membership lasts. Fraud related to the payment process will lead to legal prosecution. A subscription does not represent a right of content. Picarto is not obliged to deliver content on subscribed channels. All subscriptions are one-time payments only and can be extended by subscribing to the channel again. The subscription duration is accumulating. Subscriptions are not refundable.

2. Payment procedure

In order to collect the revenue through Picarto subscriptions, the channel who offers subscription requires a verified Stripe, Inc. standalone account and must connect it with Picarto. The revenues are transferred immediately to the connected Stripe, Inc. account. Picarto is entitled to refund or hold payments or revenues back. Stripe, Inc. empowers Picarto.TV to refund or hold payments or revenues back even though your Stripe, Inc. account is not connected to Picarto anymore. Stripe handles communication for account issues directly with the user (e.g., to request identity verification). The user is ultimately responsible for their Stripe account and balance.

3. Premium / Basic

Any registered member can upgrade their account to a Basic or Premium membership. Upgrading to a Premium or Basic membership will grant you special features which may be changed at any time without further notice. The specifications about Premium or Basic memberships can be seen under https://picarto.tv/site/upgrade. Premium or Basic memberships base on a monthly subscription model and a one-time payment model. You can manage your membership on Picarto under Configuration in the “Financials” section under “Membership”. Stripe, Inc. related payments are manageable under the Membership section directly. PayPal related payments are cancelable through https://paypal.com. Picarto is enabled to cancel your Premium or Basic membership and may refund your last payment under special criteria but is not obliged to refund any payment. For subscriptions a Premium or Basic membership will last 30 days after your payment has been placed and confirmed. On one-time payments your Premium membership will last for as long as the booked period. Picarto may deduct $ 44.97 for three months, $ 80.94 incl. 10% off for six months, and $ 134.88 incl. 25% off for twelve monts from your PayPal account.

Event System

1. Creation conditions

The event creator henceforth referred to as creator is obliged to specify all information carefully and entirely for the event creation. Furthermore, the creator is aware of the obligation to fulfill all declared services entirely. The end consumer henceforth referred to as costumer who paid for a valid ticket for a specific event. In the event of non-fulfillment Picarto is entitled to disable the event creation feature temporarily or permanently for the creator. As services to fulfill belong event timespan and in title and description clarified services. Permitted event topics are all creative activities as long as they don’t violate our ToS. The creator is not allowed to use material protected by intellectual property rights of others. This includes the uploaded event poster. The poster and images in the description must not contain full nudity. However, soft-core poster and images are allowed. The event has to be seen as a service. Therefore the event has no standard of quality. A customer cannot get a refund for poor quality of an event. Please also see paragraphs 12, 13 and 14.

2. Rights of Picarto

Picarto is entitled to manually check and if necessary pause or delete events before event start due to violations of our ToS. Furthermore, Picarto is entitled to suspend or dissolve ongoing events. Abuse of the event system may result in channel ban of the creator. Picarto may refund all to a specific event belonging tickets at its own discretion if the creator did not fulfill their scope of services described in the event description, title, stream duration and poster.

3. Rights of creator

The creator is enabled to cancel an upcoming event 30 minutes before event starts. He can not postpone the event and he is not allowed to begin the event before the official start of the event. The cancellation will lead to a full refund of sold tickets for the cancelled event. The creator can cancel an event early on up to 3 times without punishment. With the 4th cancellation Picarto.TV may ban the creator from using the event system any further. An early event start may result in a complete refund depending on the state of affairs.

4. Payments, Payouts & Fees

The event fee includes the insertion fee and costs for selected optional visual enhancements regarding the event listing. Picarto charges a $1.00 insertion fee for any kind of event and is non-refundable. Premium members are exempt of the insertion fee. The event will be unlocked as soon as the event fee is paid. The optional enhancements are non-refundable as well. The creator can choose the admission price ($0.00 up to $200.00 per ticket - including fees) himself. The net revenue from ticket sales is calculated as ticket price minus (transaction charge plus Picarto service fee). The ticket selling revenue will be transferred directly to the creators connected Stripe, Inc. account immediately. Picarto is entitled to refund or hold payments or revenues back. Stripe, Inc. empowers Picarto.TV to refund or hold payments or revenues back even though your Stripe, Inc. account is not connected to Picarto anymore. Stripe handles communication for account issues directly with the user (e.g., to request identity verification). The user is ultimately responsible for their Stripe account and balance. If the ongoing or finished event violates our ToS Picarto is entitled to stop the payment until allegations are dismissed or alternatively do a total refund of ticket sales if the creator is guilty. The dismissal implies that no watertight complaints are made which would cause a refund. The creator is responsible to pay taxes for his country.

5. Refunding Policys

Picarto is not responsible for outages caused by third parties (e.g. local ISP outage, vandalism, natural disasters, fire, disturbances at the creator or user). If Picarto is responsible for outages the creator gets the opportunity to postpone the event. No extra fees will be charged. A refund is by no means possible.

6. Event Ticket Sales

Picarto users are eligible to buy tickets for chargeable events. Stripe, Inc. serves as payment provider. A refund is possible if:

  1. Picarto or the creator dissolves the event.
  2. The event is cancelled due to absence of the creator (e.g. illness, abuse)
  3. The finished event verifiably violated the ToS.
Picarto is not responsible for the quality of an event. A refund due to poor quality of an event is not possible. Picarto is not responsible for the video and transmission quality from the creator. Picarto is not responsible for outages caused by third parties (e.g. local ISP outage, vandalism, natural disasters, fire, disturbances and terrorism at the creator or user). A bought ticket is only valid for one person at the same time. If another person uses your ticket for an event your streaming session/video stream gets stopped automatically within 1 minute.

Cookie Policy

Picarto uses technologies on our website and mobile service (which we'll call the Picarto Service) to collect information that helps us improve your online experience. In this Cookie Policy, we refer to these technologies. We may change this Cookie Policy at any time: you can see the last change date at the top. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Picarto Service. By using the Picarto Service and viewing the cookie notice that appears on the Picarto Service, you agree that we can store and access cookies as described in this policy.

1. What is a Cookie?

Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).

2. What Cookies do we use?

- Includes the user ID to identify the user that is logged in.

- This is to make sure you are allowing us to use cookies on your pc.

- JWMute will determine if you have your player muted and save this for any other stream.

- JWVolume will determine the volume you have set.

- Check the status of your NSFW viewing choice on the channel page.

- Includes a secret key to identify your browser session.

- Includes a secret crypted key to re identifying the user.

JWPlayer uses cookies to track user settings like: quality, volume, and captions.

3. How do I control Cookies?

You may refuse to accept cookies from the Picarto Service at any time by activating the setting on your browser which allows you to refuse cookies. You can refuse to accept Flash cookies from the Picarto Service using Adobe's Flash management tools at http://www.adobe.com/security/flashplayer. Further information about the procedure to follow in order to disable cookies can be found on your Internet browser provider's website via your help screen. You may wish to refer to allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features of the Picarto Service may operate as intended.