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PicRix Terms of Service

 
By using the picrix.com website and PicRix service you are agreeing to the following terms and conditions ("Terms of Service").

These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.
Basic Terms
  1. You must be at least 13 years old to use PicRix.
  2. You may not use the PicRix service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  3. You are responsible for any activity that occurs under your account.
  4. You are responsible for keeping your password secure, if you are a registered user.
  5. You must not abuse, harass, threaten, impersonate or intimidate other PicRix users.
  6. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links ("Content") that you upload, edit, and display on the PicRix service.
  7. You must not modify, adapt or hack PicRix or modify another website so as to falsely imply that it is associated with PicRix.
  8. You must not crawl, scrape, or otherwise cache any content from PicRix including but not limited to user profiles, photos, scripts, or graphics.
  9. You must not create or submit unwanted email or comments to any PicRix members ("Spam").
  10. You must not upload or transmit any worms or viruses or any code of a destructive nature.
  11. You must not, in the use of PicRix, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your PicRix account. While PicRix prohibits such conduct and content on its site, you understand and agree that PicRix cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the PicRix service at your own risk.
General Conditions
  1. We reserve the right to modify the PicRix service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Service. If the alterations constitute a material change to the Terms of Service, we will make the new Additional Terms available to you on the site.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any account that becomes inactive, violates trademark, or may mislead other users.
  5. 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, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  6. We reserve the right to reclaim accounts on behalf of businesses or individuals that hold legal claim or trademark on those accounts.
Proprietary Rights on Content
  1. PicRix does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you upload on or through the PicRix Services.
  2. Some of the PicRix Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that PicRix may place such advertising and promotions on the PicRix Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You represent and warrant that: (i) you own the Content uploaded by you on or through the PicRix Services, (ii) the uploading and use of your Content on or through the PicRix Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the uploading of your Content on the Site does not result in a breach of contract between you and a third party.
  4. Limited License. PicRix grants you a non-exclusive license to use PicRix. These Terms of Service will also govern any upgrades that replace and/or supplement PicRix, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. PicRix may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Except as and only to the extent expressly permitted in these Terms of Service or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of PicRix or any part thereof.
  5. The PicRix Services contain Content of PicRix ("PicRix Content"). PicRix Content is protected by copyright, trademark, patent, trade secret and other laws, and PicRix owns and retains all rights in the PicRix Content and the PicRix Services. PicRix hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the PicRix Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the PicRix Services.
  6. The PicRix Services contain Content of Users and other PicRix licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of Users or other PicRix licensors appearing on or through the PicRix Services.
  7. PicRix performs technical functions necessary to offer the PicRix Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the PicRix Services.
  8. Although the Site and other PicRix Services are normally available, there will be occasions when the Site or other PicRix Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of PicRix. Also, although PicRix will normally only delete Content that violates this Agreement, PicRix reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by PicRix in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, PicRix encourages you to maintain your own backup of your Content. In other words, PicRix is not a backup service. PicRix will not be liable to you for any modification, suspension, or discontinuation of the PicRix Services, or the loss of any Content.
  9. Governing Law, Jurisdiction, Venue. The Terms of Service, your access and use of PicRix and the relationship between you and PicRix, Inc. is governed by the laws of the State of Virginia, without regard to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Alexandria, Virginia. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, PicRix shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in PicRix's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of PicRix or the Website or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.