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ShowYourPic.Com: Terms Of Service (TOS)

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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