1. Acceptance of Terms of Service Agreement

By using this website you signify your agreement to these terms of service, our privacy statement (http://www.pics-o.com/index.php?contentid=673) and copyright policy ( http://www.pics-o.com/index.php?contentid=675 ). If you do not agree to any of these terms please do not use this website. This terms of service statement will be updated from time to time so you should check it regularly. By using this website you agree to be bound by such updates, modifications or revisions.

2. Description of Service

www.pics-o.com is a photo sharing website that includes many other features to improve the user's experience. Users are able to view pictures, comment on them, rank them and share them with others via our user e-mail system. Users can create accounts and upload pictures. By using this website you agree that certain pages may contain advertising. You agree to receive updates and communications consisting of service announcements and administrative messages via e-mail. You agree that this website is provided ‘as is’ and that we assume no responsibility for the timeliness, deletion or failure to store users information or settings. You are responsible for obtaining access to this website, and that access may involve fees from third parties such as your Internet provider or phone company. You are responsible for any and all third-party fees, including those fees associated with the display of advertisements. In addition, you must provide and are responsible for all equipment necessary to access this website.

3. User Accounts

In order to use some functions of this website you will be required to create an account. You are responsible for the information that you submit when registering your account and it is your responsibility to keep it accurate and up-to-date. You are responsible for the privacy and security of your user name and password. Never use another's account. You are responsible for any and all activity that occurs on your account. You agree to immediately notify us if the security of your account has been compromised. Please ensure that you exit from your account at the end of each session. We will not be held liable for any loss of data or other damage arising from your failure to comply with this section.

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and access to the website. Cause for such termination shall include, but not be limited to:

1. breaches or violations of this terms of service agreement, copyright policy or privacy policy
2. requests by law enforcement or other government agencies
3. discontinuance or modification to the website (or any part thereof)
4. technical or security issues or problems
5. extended periods of inactivity
6. engagement by you in fraudulent or illegal activities

Termination of your account includes: deletion of your password and related personal information. You agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

4. User Conduct

You shall be responsible for all information that you upload to this website, including pictures, titles of pictures or other comments and the consequences of such publication. You understand that most pictures and text on this website is provided by other users and we are not responsible for any user submitted data. We do not control the information that is posted to this website by users and as such we do not guarantee the accuracy and integrity of user submitted content. You acknowledge that we may or may not pre-screen content, but we shall have the right, but not the obligation, to remove any content that is available on the website. We have the right to remove content that in any way breaches this terms of service or is in any way objectionable.

You agree not to use this service to upload, post, e-mail or in any way make available or transmit content that is:

1. harassing, abusive, defamatory, racially defamatory, threatening, obscene, pornographic, libelous, an invasion of privacy, hurtful or unlawful
2. designed to incite hatred of or violence against a group or an individual on the grounds of: sex, race, religion, disability, origin, culture, sexuality, age, politics, beliefs, skin colour, language, disease, weight, appearance or any other distinguishing characteristic.
3. infringes any patent, copyright, trademark, trade secret or intellectual property rights
4. spam, advertising, chain letters, pyramid schemes, or any other form of solicitation
5. viruses or computer code or files that are designed to interrupt, destroy or otherwise inhibit software, hardware or other device
6. financial information or advice
7. is damaging to the national security of the country in which you reside
8. providing material support to terrorism or communicate with a terrorist organisation

You agree not to use the service to do the following:

1. impersonate any person or entity
2. falsely state or misrepresent your affiliation with an individual or organization
3. disrupt the actions of other users or in any way disrupt the normal functionality of the website
4. engage in denial of service attacks or in any other way disrupt other websites, people, organisations and/or computer networks
5. ‘stalk’ and/or harass other uses or any other people or organizations
6. collect information about other users
7. knowingly or unknowingly commit a criminal act

You acknowledge that if we determine that you have in any way breached our user conduct guidelines we have the right to suspend or terminate your account and to limit your future use of this website.

5. Your Use of Website Content

The content of this website, except all user submitted content, including without limitation, the text, software, scripts, graphics, photos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you ‘as is’ for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserves all rights not expressly granted in and to the Website and the Content.

You may access user submitted content solely for your information and personal use as intended through the normal functionality of this website.

User comments are made available to you for your information and personal use solely as intended through the normal functionality of this website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of this website or otherwise as prohibited under this terms of service agreement.

You may access website content, user submitted content and other content only as permitted under this terms of service agreement. We reserve all rights not expressly granted in and to the website content and this website.

You agree to not engage in the use, copying, or distribution of any of the website content other than expressly permitted herein, including any use, copying, or distribution of the user submitted content of third parties obtained through this website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on use of this website or the content therein.

You understand that when using this website you will be exposed to user submitted content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submitted content. You further understand and acknowledge that you may be exposed to user submitted content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Submitted Content Copyright Considerations

All user submitted content is owned by the user that uploaded it. By using this website and for us to display your content, you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your intellectual property that you post on this website. This intellectual property license ends when you delete your intellectual property content or your account (except to the extent your content has been shared with others, and they have not deleted it).

When you delete your user submitted content it may persist for some time in computer memory similar to the way your recycle bin works on your computer. You understand and agree that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

If you choose to leave feedback or make suggestions you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). If you feel that you should be rewarded for suggestions that we use, please do not offer them.

7. Our Practices Regarding Storage of Information

You acknowledge that we may establish general practices and limits concerning use of this website. You agree we have no responsibility or liability for the deletion or failure to store any messages and other communications or other user submitted content maintained or transmitted by our website. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

8. Modifications to Website

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.

9. Disclosure of Information

You acknowledge and agree that we may access, store and/or disclose your account information and user submitted content if required to do so by law or believe that such access, storing or disclosure is reasonably necessary to comply with:

1. legal process
2. enforce this terms of service agreement
3. respond to claims that any user submitted content violates the rights of third parties
4. respond to customer service requests
5. protect the rights, property and/or personal safety of our staff, users and the public.

10. Privacy

You acknowledge that due to the global nature of the Internet your user information and user submitted content will be transmitted between all of the countries that have access to this website.

You can view our privacy policy here: http://www.pics-o.com/index.php?contentid=673

11. Advertising

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this website.

12. Links

This website may provide, third parties or advertisers may provide, links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Warranty Disclaimer

You agree that your use of this website shall be at your sole risk. To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof.

We make no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

1. errors, mistakes, or inaccuracies of content
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website
3. unauthorized access to or use of our website and/or any and all personal information and/or financial information stored therein
4. interruption or cessation of transmission to or from our website
5. bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party
6. errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via this website.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this website or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

14. Limitation of Liability

Subject to applicable law, you expressly understand and agree that we and our affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

1. the use or the inability to use this website
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website
3. unauthorized access to or alteration of your transmissions or data
4. statements or conduct of any third party on this website
5. any other matter relating to this website

15. Procedure for Making Claims of Copyright or Intellectual Property Infringement

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
2. a description of the copyrighted work or other intellectual property that you claim has been infringed
3. a description of where the material that you claim is infringing is located on the site
4. your address, telephone number, and email address
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Send your claims of copyright or other intellectual property infringement to the following address: info AT pics-o DOT com or use our contact form.

16. General Information

This terms of service constitutes the entire agreement between you and us and governs your use of this website, superseding any prior agreements between you and us with respect to this website.

This terms of service agreement and the relationship between you and us shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of the State of Victoria.

Our failure to exercise or enforce any right or provision of the terms of service agreement shall not constitute a waiver of such right or provision. If any provision of the terms of service agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect.

You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of service agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the terms of service agreement are for convenience only and have no legal or contractual effect.