The www.pictsweet.com site (the "Site") is owned and operated by The Pictsweet Company ("Pictsweet"). By using the Site, you agree to be bound by all of the provisions in these Terms and Conditions (the "Terms and Conditions"). Pictsweet reserves the right, in its sole discretion, to update or modify the Terms and Conditions at any time. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Pictsweet hereby grants you a nonexclusive, nontransferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions.
We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The names, trademarks, logos, service marks, brands, video, text, images, audio, characters, trade names, designs, copyrights, trade dress, content, and all other intellectual property ("Intellectual Property") are protected intellectual property of Pictsweet, or used with permission or under license by Pictsweet. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for you to use any Intellectual Property displayed on the Site without the written permission of Pictsweet or such third-party that may own the Intellectual Property displayed on the Site. Your misuse of the Intellectual Property displayed on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Pictsweet will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You may not distribute, modify, transmit, reuse, re-post, or use the Intellectual Property for public or commercial purposes without Pictsweet's written permission. Pictsweet reserves all other rights.
While Pictsweet uses reasonable efforts to include accurate and up-to-date information in the Site, Pictsweet makes no warranties or representations as to its accuracy. Pictsweet assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. You agree that Pictsweet, its parent, subsidiary and affiliate companies and each of its officers, directors and employees and other parties involved in creating, producing, or delivering the Site (the "Pictsweet Parties") are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site, even if Pictsweet Parties were advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PICTSWEET PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR MATERIALS FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Pictsweet Parties disclaim any warranties regarding the security, reliability, timeliness, and performance of the Site. The Pictsweet Parties do not warrant that the Site will meet your requirements or that the operation of the Site will be uninterrupted and error free. Pictsweet Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
You agree to indemnify, hold harmless and, at Pictsweet's option, defend Pictsweet Parties from any and all third-party claims, liability, damages and/or costs, (including but not limited to, reasonable attorneys' fees and expenses) arising from your improper use of the Site, your violation of these Terms and Conditions, or your infringement or use of any Intellectual Property displayed on the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Pictsweet or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pictsweet is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you.
Pictsweet is not responsible for the content of any off-site pages or any other sites that may be linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although Pictsweet may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, Pictsweet is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pictsweet will fully cooperate with any law enforcement authorities or court order requesting or directing Pictsweet to disclose the identity of anyone posting any such information or materials.
Pictsweet respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied, framed or otherwise used on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pictsweet's agent for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim infringes on the intellectual property and the location of such material;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Pictsweet's Copyright Agent can be reached at email@example.com
If Pictsweet receives such a notification, Pictsweet reserves the right to refuse or delete the allegedly infringing material.
After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Pictsweet will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Pictsweet will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Pictsweet with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:
the user's electronic or physical signature;
identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
the user's name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which Pictsweet may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Upon receipt of a proper counter notification under the DMCA, Pictsweet will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Pictsweet will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless Pictsweet's designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or Pictsweet server.
In the event any provision of these Terms and Conditions is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by Pictsweet to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. Any controversy or claim arising out of or relating to these Terms and Conditions or your use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Tennessee and judgment on the arbitration award may be entered into in any state or federal court in Tennessee having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) The use of this Site and the provisions of these Terms and Conditions shall be governed exclusively by the laws of the State of Tennessee and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to these Terms and Conditions, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of Tennessee.
Pictsweet may assign its rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of Pictsweet's successors, assigns and licensees.
These Terms and Conditions constitute the entire agreement between you and Pictsweet relating to the subject matter herein.
If you have any questions or concerns about the Site, contact us at firstname.lastname@example.org.
Copyright ©2010 The Pictsweet Company. All rights reserved.