Effective Date: June, 2015
We at PICFARI would like to thank you for using our products and services.
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.
- Basic Terms
- General Conditions
- Reporting Copyright and Other Intellectual Property ("IP") Violations
- Disclaimer of Warranties
- About These Terms
- Limitation on Liability; Waiver
- Time Limit on Claims
- Governing Law, Jurisdiction and Venue
- Entire Agreement
- Territorial Restrictions
- 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 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.
- 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).
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org.
- PICFARI provides you with tools to help you protect your intellectual property rights.
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.
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
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.
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.
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 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.
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.
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.