TERMS AND CONDITIONS
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PICFARI, LLC's TERMS OF USE

Effective Date: June, 2015

We at PICFARI™ would like to thank you for using our products and services.

By accessing or using the PICFARI website, the PICFARI service, or any other applications (including mobile applications) made available by PICFARI (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Services are provided by PICFARI, LLC. ("PICFARI," "we," "our," or "us"). We are located at 186 Seven Farms Drive, Suite F #173, Charleston, SC 29492.

Your privacy is important to us and we want to make sure it is protected. Please take a moment to review our Privacy Policy.

These Terms of Use affect your legal rights and obligations; therefore, if you do not agree to be bound by all of these Terms of Use, do not access or use the Service. You must follow any and all policies made available to you within our Services if you choose to use PICFARI.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PICFARI WILL BE RESOLVED BY BINIDNG, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We reserve the right to change, modify, add or remove portions of these Terms of Use at any time, so please check back periodically for changes. Note: your continued use of this site after changes to these Terms of Use (including the PICFARI Privacy Policy) will constitute your acceptance of such changes.

Outline of Topic Sections of PICFARI's Terms of Use

Click on the links below to jump to each section of PICFARI's Terms of Use.

Basic Terms

  • You must be at least thirteen (13) years old to use the Service. No one younger than thirteen (13) years old will be allowed to register to use the Service.
  • You may not post violent, nude, partially nude, discriminatory, dangerous, risky, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  • You are responsible for any activity that occurs through your account.
  • You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
  • With the exception of people or businesses which are expressly authorized to create accounts on behalf of their clients or employers, PICFARI prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
  • You represent that all information you provide or have provided to PICFARI upon registration and at all other times will be true, accurate, current and complete. Additionally, you further agree to update your information as necessary to maintain its truth and accuracy.
  • You agree that you shall not solicit, collect or use the login credentials of other PICFARI Users ("User(s)").
  • You are responsible for keeping your account password secret and secure.
  • You shall not defame, stalk, abuse, harass, bully, threaten, impersonate or intimidate other people or entities. Additionally, you must not post confidential or private information via the Service, including but not limited to: you or any other person's credit card information, social security or alternative national identity numbers, non-public phone numbers or non- public e-mail addresses.
  • You may not use the Service for any illegal or unauthorized purpose. Additionally, you agree to comply with all laws, rules and regulations, including but not limited to: federal, state, local and provincial laws which are applicable to your use of the Services and your User Content (defined below). This also includes, without limitation, any and all copyright laws.
  • You are solely responsible for your conduct and any data, files, text, usernames, information, graphics, images, photographs, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") which you submit, display or post on or via the Service.
  • You shall not change, adapt, modify or alter the Service or change, modify or alter another website so as to falsely apply any association with the Service or PICFARI.
  • You shall not create or submit any unwanted e-mail, comments, likes or other forms of commercial or harassing communications ("spam") to any PICFARI Users.
  • You shall not use domain names or web URLs in your username without prior written consent and authorization from PICFARI.
  • You shall not interfere with or disrupt the Service, servers or networks associated with the Service. This includes the transmission of viruses, spyware, malware, worms or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any PICFARI page is rendered or displayed in a User's browser or device.
  • You shall not create accounts with the Service through any unauthorized means, such as by using an automated script, device, bot, spider, crawler or scraper.
  • You shall not attempt to restrict another User from using or enjoying the Service. Additionally, you shall not encourage or facilitate any violations of these Terms of Use, the PICFARI Privacy Policy or any other PICFARI terms.
  • NOTE: violation of these Terms of Use or PICFARI's Privacy Policy may, in PICFARI's sole discretion, result in termination of your PICFARI account. In the event that you violate the letter or spirits of these Terms of Use or PICFARI's Privacy Policy, or otherwise create risk or possible legal exposure for PICFARI, we can and will stop providing all or part of the Service to you.
  • You agree, understand and acknowledge that PICFARI cannot and shall not be responsible for the Content posted on the Service. Therefore, you use the Service at your own risk.

General Conditions

  • We reserve the right to terminate or modify the Service or your access to the Service for any reason whatsoever, without any notice, at any time, and without any liability to you.
  • You may deactivate your PICFARI account by logging into the Service and completing the form available.
  • In the event that we terminate your access to the Service, or you use the PICFARI form to deactivate your account, your photographs, comments, likes, friendships and all other data will no longer be accessible through your account. While PICFARI Users will no longer be able to navigate to or find your username and view your photographs, those materials and data may still persist and appear within the Service (most notably: in the event that your Content has been re-shared by other active Users).
  • Upon termination of your membership with PICFARI, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  • PICFARI reserves the right, in its sole discretion, to change these Terms from time to time. Unless a change is made for legal or administrative reasons, PICFARI shall provide reasonable advance notice prior to the new terms becoming effective. You acknowledge and agree that PICFARI may notify you of the new terms by posting them on the Service, and that your subsequent use of the Service after the effective date of the new terms shall constitute your agreement to the new terms. Thus, it is imperative that you review these Terms of Use, the PICFARI Privacy Policy and any updated terms before using the Service.
  • PICFARI reserves the right to refuse access to the Service to anyone for any reason at any time.
  • PICFARI reserves the right to force forfeiture of any username for any reason.
  • PICFARI may, but shall have no obligation to, remove, edit, block, and/or monitor the Content or accounts of others which may contain violations of these Terms of Use.
  • You are solely responsible for your interaction with other PICFARI Users, whether online or offline. You acknowledge and agree that PICFARI is not responsible or liable for the conduct of any User.
  • PICFARI reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
  • NOTE: it is imperative that you exercise common sense and your best judgment when you interact with other Users through our Services, including but not limited to: when you submit or post Content or any personal or other information.
  • There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. Additionally, there may be links to third-party content which PICFARI does not control, maintain nor endorse. You expressly acknowledge and agree that PICFARI is in no way responsible or liable for any such third- party services or features.
  • YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. You, at your sole and absolute discretion and risk, may choose to use applications which connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (a) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (b) your use of an Application may cause personally identifying information to be publically disclosed and/or associated with you, even if PICFARI has not itself provided such information; and (c) your use of an Application is at your own risk and option, and you shall hold PICFARI and its Affiliates (defined below) harmless for activity related to the Application.
  • You agree and acknowledge that you are responsible for all data charges you incur through the use of the Service.
  • PICFARI prohibits crawling, caching, scraping or otherwise accessing any content on the Service via automated means, including but not limited to: User profiles and photos (unless it is the result of standard search engine technologies).

Rights

  • PICFARI does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to PICFARI a non-exclusive, fully paid and royalty- free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the PICFARI Privacy Policy.
  • You can choose who can view your Content and activities, including your photographs, as described in the PICFARI Privacy Policy.
  • Some of the Service is supported by advertising revenue and may displayed advertisements and promotions, and you hereby agree and acknowledge that PICFARI may place such advertisement and promotions on the Service or on, about, or in conjunction with your content. The mode, manner and extent of such advertising and promotions are subject to change without any specific notice to you.
  • You acknowledge that PICFARI may not always identify paid services, commercial communications or sponsored content as such.
  • You represent and warrant that: (a) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights set forth in these Terms of Use; (b) the posting and use of your Content on or through the Service does not violate, infringe one or misappropriate the rights of any third-party, including without limitation: privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of the Content you post on or through the service; and (d) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  • The Service contains content owned or licensed by PICFARI ("PICFARI Content"). PICFARI Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and PICFARI, PICFARI owns and retains all rights in the PICFARI Content and Service. You shall not alter, remove or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PICFARI Content and you shall not modify, reproduce, adapt, prepare derivative works based on, perform, displayed, distribute, transmit, publish, sell, license, broadcast or otherwise exploit the PICFARI Content.
  • PICFARI and its related names and logos are all trademarks and/or trade names owned or licensed by PICFARI and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with PICFARI, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of PICFARI or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. PICFARI will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
  • You may visit the PICFARI site without registering, but some services are only available to registered Users.
  • If you register as a User, you are responsible for the Content and activities in your account, as well as for protecting your content with a secure password and not sharing your password with anyone.
  • PICFARI reserves the right to terminate your status as a User at any time without warning for any or no reason, with or without prior notice or explanation and without liability, and can even take legal action if needed.
  • You should be aware that it is our policy to terminate the accounts of Users who infringe the intellectual property rights of others. We have a similar policy for Users who violate these Terms of Use or commit illegal acts using the site or although we may, in our discretion, instead deny, restrict or suspend access to all or any part of the site or terminate a User's account when something similar occurs.
  • Although it is PICFARI's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including without limitation: for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  • PICFARI reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by PICFARI, including without limitation: in order to comply with certain legal obligations, but may not be retrievable without a valid court order. As a result, PICFARI encourages you to maintain your own backup of your Content. PICFARI is not a backup service and you acknowledge and agree that you shall not rely on the Service for the purposes of Content backup or storage. PICFARI will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
  • Additionally, you acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  • You agree and acknowledge that PICFARI is not responsible for, and does not endorse, any Content posted within the Service. PICFARI may, but has no obligation to, monitor, prescreen, edit or remove any Content. In the event that your Content violates these Terms of Use or the PICFARI Privacy Policy, you may bear legal responsibility for that Content.
  • Except as otherwise described in the PICFARI Privacy Policy, as between you and PICFARI, any Content will be non-proprietary and non-confidential and we will not be liable for any disclosure or use of that Content. You acknowledge and agree that your relationship with PICFARI is not a confidential, fiduciary, or any other type of special relationship, and that your decision to submit any Content does not place PICFARI in a position that is any different from the position held by members of the generic public, including with regards to your Content. None of your Content shall be subject to any obligation of confidence on the part of PICFARI, and PICFARI shall not be liable for any disclosure or use of any Content you provide.
  • It is PICFARI's policy not to accept or consider content, ideas, information, suggestions or other materials other than those we have specifically requested and to which certain specific conditions, terms and requirements may apply. Accordingly, PICFARI does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions or other materials, you further agree that PICFARI is free to use any such content, information, ideas, suggestions or other materials, for any purpose whatsoever, including but not limited to: developing and marketing products and services without any liability or payment of any kind to you.

Reporting Copyright and Other Intellectual Property ("IP") Violations

  • PICFARI respects the rights of other people and expects you to do the same.
  • PICFARI provides you with tools to help you protect your intellectual property rights.
  • PICFARI has no responsibility for content on other websites that you may find or access when using PICFARI's products or Services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the PICFARI Terms of Use, govern your use of that material.
  • It is PICFARI's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of PICFARI and/or others.
  • In accordance with the Digital Millennium Copyright Act ("DMCA") (available at the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf), PICFARI shall respond to notices of alleged infringement that are reported to PICFARI.
  • If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the PICFARI website by accessing the Contact Us form at www.Picfari.com/contact-us or through e-mail at info@picfari.com.

Disclaimer of Warranties

PICFARI provides its Service using a commercially reasonable level of skill and care and hopes that you will enjoy using them. However, there are certain things that PICFARI does not promise about its Service.

THE SERVICE, INCLUDING, WITHOUT LIMITATION, PICFARI CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PICFARI NOT ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "PICFARI PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE PICFARI CONTENT; (3) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PICFARI OR VIA THE SERVICE. ADDITIONALLY, THE PICFARI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE PICFARI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PICFARI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PICFARI PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICUALR JURISDICTION, AND THE PICFARI PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE PICFARI PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE SERVICE.

About These Terms

These Terms of Use control the relationship between PICFARI and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms of Use, and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future. If it turns out that a particular term is not enforceable, this shall not affect any other terms.

Limitation on Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE PICFARI PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PICFARI CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PICFARI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING WITHOUT LIMITATION: DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, FRAUD, TAMPERING, OMISSION, ERROR, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NETWORK OR COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING WITHOUT LIMITATION: DAMAGES FOR LOST PROFITS, LOSS OF GOOD WILL, LOSS OF DATA, ACCURACY OF RESULTS, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNTION, EVEN IF FORESEEABLE OR EVEN IF THE PICFARI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING BUT NOT LIMITED TO: WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SERVICE.)

IN NO EVENT SHALL THE PICFARI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING WITHOUT LIMITATION: PERSONAL INJURY OR DEATH.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, INJURIES OR LOSSES THAT ARISE OUT OF PICFARI'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, PROPERTY, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PICFARI PARTIES, AND YOU SHALL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PICFARI PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

PICFARI IS NOT RESPONSIBLE FOR THE CONTENT, ACTIONS, OMISSIONS, INFORMATION, OR DATA OF THIRD-PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES.

Indemnification

You (and also any third-party for whom you operate an account or activity on the Service) agree to defend (at PICFARI's request), indemnify and hold the PICFARI Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation: reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi- governmental authorities, including without limitation: all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you.

You shall cooperate as fully required by PICFARI in the defense of any claim. PICFARI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any claim without the prior written consent of PICFARI.

Arbitration

EXCEPT IF YOU OPT-OUT OR FOR DISPUTES RELATING TO YOUR OR PICFARI'S INTELLECTUAL PROPERTY, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PICFARI (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH PICFARI, INCLUDING WITHOUT LIMITATION: DIPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND PICFARI HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL "SMALL CLAIMS" COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES.

YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR PICFARI SHALL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF USE. YOU FURTHER AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING OTHER PERSON'S ACCOUNT, IF PICFARI IS A PARTY TO THE PROCEEDING.

THIS DISPUTE RESOLUTION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. IN THE EVENT THE AMERICAN ARBITRATION ASSOCIATION IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN ONE HUNDRED AND SIXTY (160) DAYS OF FILING THE CASE, THEN EITHER PICFARI OR YOU CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED INSTEAD BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS WHICH CONFLICT WITH THESE TERMS OF USE.

YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. IF YOU DO SO, NEITHER YOU NOR PICFARI CAN REQUIRE THE OTHER TO PARTICIPATE IN AN ARBITRATION PROCEEDING. TO OPT OUT, YOU MUST NOTIFY PICFARI IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION.

YOU MUST USE THE FOLLOWING ADDRESS TO OPT OUT: PICFARI, LLC, 186 Seven Farms Drive, Suite F #173, Charleston, SC 29492.

YOU MUST INCLUDE YOUR NAME AND RESIDENCE ADDRESS, THE E-MAIL ADDRESS YOU USE FOR YOUR PICFARI ACCOUNT, AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS ARBITRATION AGREEMENT.

IF THE PROHIBITION AGAINST CLASS ACTIONS AND OTHER CLAIMS BROUGHT ON BEHALF OF THIRD-PARTIES CONTAINED ABOVE IS FOUND TO BE UNENFORCEABLE, THEN ALL THE PRECEDING LANGUAGE IN THIS ARBITRATION SECTION SHALL BE NULL AND VOID. THIS ARBITRATION AGREEMENT SHALL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH PICFARI.

Time Limit on Claims

You agree that any claim you may have arising out of or related to your relationship with PICFARI must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Governing Law, Jurisdiction and Venue

This website is presented by PICFARI from within the United States and its territories, and PICFARI makes no representation that materials in the website are appropriate or available for use in locations outside the United States. Additionally, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the website.

These Terms of Use are covered by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with PICFARI exclusively in a state or federal court located in Berkeley County, South Carolina, and to submit to the personal jurisdiction of the courts located in Berkeley County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. PICFARI's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

PICFARI reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision shall survive the termination or any or all of your transactions with PICFARI.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and PICFARI and governs your use of the Service, superseding any prior agreements between you and PICFARI. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of PICFARI. Any purported assignment or delegation by you without the appropriate prior written consent of PICFARI will be null and void. PICFARI may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable form these Terms of Use and shall not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms of Use.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any party or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PICFARI to any registration requirement within such jurisdiction or country. PICFARI reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any content, program, product, service or other feature that PICFARI provides.

Software related to or made available by the Service may be subject to United States export controls. Therefore, no software form the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country on any such list.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

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