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ShowYourPic.Com
is a fun way to get an opinion of "how you look",
on a scale of 1 to 10. ShowYourPic.Com is a free service
for private parties that encourages and facilitates
communication between its users. We also allow our
users to view profile's of other members to interact
with new people in their area.
Our service has been created to be easily accessible
to all users of legal age, but it also has limitations
and risks that you must be aware of before participating.
Prior to, and as a condition of your participation,
you (hereinafter You or Yours or User) must agree
to abide by the ShowYourPic.Com Terms of Service.
By creating a account on ShowYourPic.Com, you are
accepting these Terms. You may review these Terms
at any time by clicking on the "Terms of Service"
link at the bottom of the home page and other pages.
1. We encourage everyone to treat each other with
mutual respect. Do not use the ShowYourPic.Com Services
to threaten, harass, stalk, or abuse others participating
in any ShowYourPic.Com Service. Refrain from all expressions
of bigotry, racism, homophobia, hatred, foul language
or profanity.
1a.
Managers and/or Hosts who manage the ShowYourPic.Com
Services may eject or ban users, as well as remove
postings, that violate these Terms and Conditions.
1b.
You may not redistribute images, photos or any personal
data that you have found, copied or downloaded from
a ShowYourPic.Com member page or any other page
hosted on the ShowYourPic.Com server. Please respect
the privacy of others.
2.
ShowYourPic.Com does not allow any illegal activities.
You cannot use the ShowYourPic.Com Services to publish,
post, distribute, or disseminate defamatory, infringing,
obscene, or other unlawful material or information.
2a.
Do not upload files or post messages that contain
photos, software or other material protected by
intellectual property laws, rights of privacy or
publicity or any other applicable law unless you
own or control the rights thereto or have received
all necessary consents. ShowYourPic.Com is not responsible
for any use of anything you say or post.
2b. Do not upload files or photos, software or other
material that may be considered to be pornographic,
vulgar, political, or offensive to any other users.
You may not post any naked photographs where the
model is or appears to be under the age of 18. Members
are also governed by the laws of their country and
must not enter into any act which would
be considered illegal by such laws.
2c. Do not post any materials (including software
and other information, including links to other
websites) that could harm (or is designed to harm)
other users' computers or would allow others to
inappropriately access software or Web sites.
3.
ShowYourPic.Com does not tolerate disruptive activity
online, such as persistent off-topic comments and
postings or statements that incite others to violate
these Terms and Conditions or participate in illegal
activities. Our participants want to chat and use
other Services in a positive environment.
3a.
ShowYourPic.Com does not allow posting or use of
computer programs that contain destructive features
such as: viruses, worms, Trojan horses, or bots
for the use of scrolling, showing multiple screens,
and other activities that can be disruptive to online
communication.
3b. ShowYourPic.Com does not allow posting of files
or photos, software or other material that may be
considered to be pornographic, vulgar, political,
or offensive to any other users. You may not post
any naked photographs where the model is or appears
to be under the age of 18. Members are also governed
by the laws of their country and must not enter
into any act which would be considered illegal by
such laws.
3c. Falsely impersonating a ShowYourPic.Com employee,
agent, manager, host, or any other person with the
intent to mislead or cause harm to others is forbidden.
3d. While we have provided you with the ability
to self-rate and categorize the user-created areas
of the Communication Services, ShowYourPic.Com reserves
the right to change the rating or re-categorize
all user-created areas.
4.
ShowYourPic.Com strongly opposes SPAM, which floods
the Internet with unwanted and unsolicited email and
deteriorates the performance and availability of the
ShowYourPic.Com service. All forms of SPAM, and all
activities that have the effect of facilitating SPAM,
are strictly prohibited.
5.
ShowYourPic.Com also prohibits the use of another
Internet service to send or post SPAM to drive visitors
to Your site hosted on or through ShowYourPic.Com
systems, whether or not the messages were originated
by You, under Your direction, or by or under the direction
of a related or unrelated third party.
6.
If ShowYourPic.Com, in its sole discretion, determines
that a violation of theTerms
of Service has occurred, ShowYourPic.Com may pursue
any of its legal remedies, including but not limited
to the immediate deletion of any offending material
from its site, cancellation of Your account and /or
the exclusion of any person(s) who may have violated
any Terms of Service. ShowYourPic.Com could also pursue
violators with claims that they have violated various
criminal and/or civil laws as applied by the relevant
jurisdiction. ShowYourPic.Com will cooperate with
any investigation by any Federal, State, or local
body or any court or tribunal legitimately exercising
it's rights. Such cooperation may be without notice
to You. If ShowYourPic.Com believes in its sole discretion
that any ad may create liability for ShowYourPic.Com,
ShowYourPic.Com may take any actions that it believes
are prudent or necessary to minimize or eliminate
its potential liability, including but not limited
to, the release of User information. In sum, ShowYourPic.Com
reserves the right to refuse service to anyone at
any time, and to remove any listings or any advertisements
for any reason, and without notice.
7.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE
SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND ON AN "AS AVAILABLE"
BASIS. ShowYourPic.Com EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.
ShowYourPic.Com MAKES NO WARRANTY THAT THE SERVICE
WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES ShowYourPic.Com MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR
AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
9.
USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR
MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH
THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK
AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
RESULTING FROM ANY TRANSACTION.
10.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY USER FROM ShowYourPic.Com OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
11.
LIMITATION OF LIABILITY. USER AGREES THAT NEITHER
ShowYourPic.Com NOR ANY OF ITS PROVIDERS OF INFORMATION
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICE OR
FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY
OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE, EVEN IF ShowYourPic.Com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT ShowYourPic.Com SHALL NOT
BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT
OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES
THAT ShowYourPic.Com SHALL NOT BE RESPONSIBLE OR LIABLE
TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT
OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event
shall ShowYourPic's total liability to You for all
damages, losses, and causes of action exceed the amount
paid by You to ShowYourPic.Com, if any, that is related
to the cause of action.
12.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
13.
You give us a non-exclusive, worldwide, royalty-free,
irrevocable, sublicense able (through multiple tiers)
right to exercise all copyright and publicity rights,
in any existing or future media, known or unknown,
over the material or User Data displayed in your profile.
For the purpose of this Agreement, "User Data"
shall mean all information (if any) submitted by You,
(the "User") to ShowYourPic.Com with the
exception of trading data, credit card numbers, checking
account numbers, etc. "Individually Identifiable
User Data" shall mean that subset of "User
Data" which can be reasonably used to identify
a specific individual such as their name, address,
phone number, etc. The User Data shall be deemed to
be the property of ShowYourPic.Com. You shall take
all reasonable efforts to ensure that it is accurate
and complete and not misleading in any way.
14.
No Resale or Unauthorized Commercial Use. You agree
not to resell or assign Your rights or obligations
under these Terms of Service. You also agree not to
make any unauthorized commercial use of the Service.
15.
Others' Information. You agree not to make use of
anyone else's Information other than as necessary
to complete any ShowYourPic.Com transactions in which
You are involved.
16.
No Agency. There is no agency, partnership, joint
venture, employee-employer or franchisor-franchisee
relationship between ShowYourPic.Com and any User
of the Service.
17.
Notice. Any notice to You or to us shall be made by
either email or regularmail.
We may also give notice of changes to these Terms
of Service or other matters related to ShowYourPic.Com
by displaying notices to Users on the Service.
18.
This Agreement is the complete and exclusive agreement
between the parties with respect to the subject matter
hereof, superseding any prior agreements and or communications
regarding such subject matter. This Agreement may
only be modified, or any rights under it waived, by
a written document executed by both parties.
19.
These Terms of Service and the relationship between
User and ShowYourPic.Com shall be governed by the
laws of the State of Georgia without regard to its
conflict of law provisions. User and ShowYourPic.Com
agree to submit to the personal and exclusive jurisdiction
of the courts located within Fulton, Georgia.
20.
The failure of ShowYourPic.Com to exercise or enforce
any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 these Terms of Service shall remain in full force
and effect.
21.
User agrees 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 these
Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
22.
The section titles in these Terms of Service are for
convenience only and have no legal or contractual
effect.
23.
For users that choose to create a elite account and
choose to cancel it they understand that there will
be no refund.
COPYRIGHT
POLICY
ShowYourPic.Com is a communication system provided
by TD Networks, Inc., to people to submit a link to
a photograph for others to rate. The images that you
view using the ShowYourPic.Com system are not stored
on TD Networks' servers. TD Networks does not, and
cannot, control what content is available to you using
the ShowYourPic.Com system. ShowYourPic.Com users
decide what content to make available to others using
the ShowYourPic.Com system. Users are responsible
for complying with all applicable federal and state
laws applicable to such content, including copyright
laws. As a condition to your use of the ShowYourPic.Com
system, you agree that you will not use the ShowYourPic.Com
service to infringe the intellectual property rights
of others in any way.
In accordance with the Digital Millennium Copyright
Act of 1998 (the text of which may be found on the
U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/),
TD Networks will respond expeditiously to claims of
copyright infringement committed using the ShowYourPic.Com
service. If you are a copyright owner, or authorized
to act on behalf of an owner of the copyright or of
any exclusive right under the copyright, please report
your notice of infringement by contacting TD Networks
or ShowYourPic.Com.
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