| Welcome to PictureShare.net! We hope you
enjoy your visit, and find that using our service is easy, fun and satisfying.
Before you begin setting up your account with
PictureShare.net (herein referred to as "we," "us," or "PictureShare.net"),
please read the following Terms of Use ("Terms") carefully. If you ("you")
agree to these Terms, and wish to use the PictureShare.net service ("Service"),
please click on the "Create Account" button. This will constitute a binding
agreement between you and PictureShare.net. To decline acceptance, click the
"Cancel" button. Note that any violation of these Terms may result in
termination of our Service to you.
PictureShare LLC reserves the right to change these
Terms from time to time. Please refer to this site periodically for any
changes.
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Your submissions
Under these Terms, you may NOT place any of the following material or obtain
any such material using the Service:
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Any threatening, obscene, pornographic or profane
material or any other material that could give rise to any civil or criminal
liability under applicable law.
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Any material that could infringe rights of privacy,
publicity or copyrights without the permission of the owner of these rights and
the persons (or their parents or legal guardians, where applicable) who are
shown in the material;
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Any material sent from an anonymous or false address.
While PictureShare.net is not responsible for the
content of the submissions, PictureShare.net reserves the right to delete, move
or edit submissions that it, in its sole discretion, deems abusive, defamatory,
obscene or in violation of copyright or trademark laws or otherwise
unacceptable. PictureShare.net may request confirmation of the copyright
ownership from the submitter. PictureShare.net reserves the right to suspend
the shipping of an order before such confirmation is received. You acknowledge
that any submission may be removed, published, copied, modified, transmitted
and displayed by PictureShare.net for the purposes of delivering the offered
services. In addition, you warrant that all moral rights in any uploaded
materials have been waived.
Your physical or electronic sharing of your images
constitutes permission for reprinting by the recipient.
PictureShare.net will not be liable for the content of
any submission.
Copyright notice
PictureShare.net is committed to protecting photographers' copyrights, even though the current state of copyright law is obscene. Each
image submitter is required by US law to own the right to or to obtain
permission to use any image before the image is uploaded or printed at PictureShare.net. If you believe that your work has been copied in a way that
infringes your copyrights, please contact us at the following address and
provide all relevant details.
Email: admin@pictureshare.net
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Age requirements
You must be at least 3 years of age to use our Service. If you or your parent
or guardian have any concerns, please feel free to contact us at
registration@pictureshare.net
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About your account
3a. Access to your account
Your account with PictureShare.net is available for your personal,
non-commercial use.
We need to be able to access your account for the
following reasons:
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We can remind you of your password in case you forget
it; if this becomes necessary, we send an e-mail upon your request to the
address from which you opened your account;
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To maintain our Service to you and develop new and
useful features and services;
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To follow a court order, subpoena, complaint or a
lawful request from governmental authorities.
3b. Account fee
There is no fee to open a PictureShare.net account.
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Canceling the service; discontinuing inactive accounts
PictureShare.net reserves the right to cancel the Service or to discontinue
accounts which have been inactive for more than 180 days. We may do so at our
discretion after sending an e-mail warning to the address you used when you set
up your account. If you do not respond to the e-mail within 10 days, your
account may be removed.
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Third-party software
We may make software from third-party companies available to you. To download
such software, you must first agree to the respective software licenses and/or
warranties. Each software product is subject to the individual company's terms
and conditions, and the agreement will be between you and the respective
company.
This means that we do not guarantee that any software
you download will be free of any contaminating or destructive code, such as
viruses, worms or Trojan horses. We do not offer any warranty on any
third-party software you download using Our Service.
This is not to say we endorse spyware, or malware. We hate that stuff as much as you do and we will never be a party to it.
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Third-party links
We may provide links to third-party sites that might be of interest to you. We
have no control over the content or availability of the contents of these
sites. It is your responsibility to become familiar with each site's privacy
and other policies and terms of service, and to contact that site's webmaster
or site administrator with any concerns.
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Copyrighted material and software
All of the information, content, software and materials we offer are protected
by copyright and other pertaining laws. You may not copy or distribute such
material without the copyright owner's prior written consent. You may use these
materials for personal, non-commercial use only, so long as you do not modify
the materials or remove any copyright or other proprietary rights notices
contained in the materials.
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Privacy policy
When you create an account with PictureShare.net, you need to provide some
personal information, such as your e-mail address. We protect and use this
information as set forth in our Privacy Policy.
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U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through
the Service are provided with "RESTRICTED RIGHTS." use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in
FAR52.22724 and DFAR252.227-7013 et seq. or its successor. use of any of such
by the Government constitutes acknowledgment of our or our suppliers'
proprietary rights in them. In the event that the License, or any part thereof,
is deemed inconsistent with the minimum rights identified in the Restricted
Right provisions, the minimum rights shall prevail.
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Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors,
employees, agents, licensors, suppliers and any third-party information
providers to the Service from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
these Terms or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the Service using your
account.
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Claims
Any action hereunder must be brought, if at all, within one (1) year from the
accrual of the cause of action. The parties agree that any claims hereunder
shall be subject to the state and federal laws of the state of California, and
hereby consent to jurisdiction and venue in the courts of the Southern District
of California located in California.
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Export
You are responsible for compliance with all local laws, and you are required to
comply with U.S. export laws and regulations when you use or export any
software or materials provided through the Service.
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Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH PICTURESHARE.NET'S SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
PICTURESHARE.NET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PICTURESHARE LLC MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PictureShare
LLC MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL
OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED
OR OBTAINED THROUGH PICTURESHARE.NET'S SITE OR ADVERTISED THROUGH
PICTURESHARE.NET'S SITE.
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Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
PICTURESHARE LLC
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF PICTURESHARE LLC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE
PICTURESHARE LLC'S SITE OR SERVICES, FROM
ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES,
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.
If any part of this Agreement is held to be invalid or
unenforceable, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision most closely matching the intent
of the original provision and the remainder of the Terms will continue in
effect.
These Terms constitute the entire agreement between you
and us with respect to this Service, and supersede all other communications,
written or oral, with regard to the Service.
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