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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.
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 pressing the "I Agree to the Terms of Service"
button on the photo submission page, 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.
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.
2.
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.
3.
If ShowYourPic.Com, in its sole discretion, determines
that a violation of the Terms 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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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 listings.
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.
11.
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.
12.
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.
13.
No Agency. There is no agency, partnership, joint
venture, employee-employer or franchisor-franchisee
relationship between ShowYourPic.Com and any User
of the Service.
14. Notice. Any notice to You
or to us shall be made by either email or regular
mail. 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.
15. 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.
16. These
Terms of Service and the relationship between User
and ShowYourPic.Com shall be governed by the laws
of the State of California 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 the county of Santa Clara,
California.
17. 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.
18. 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.
19. The
section titles in these Terms of Service are for convenience
only and have no legal or contractual effect.
20. 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.
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