Picsmart.net ("Provider") shall provide Image Hosting Services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at the Provider's website.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to services ("Service") for Image Hosting. In this TOS, "we," "our" and "us" means Provider and "you" or "their" means Client.
Provider reserves the right to refuse Service to any individual or organization, for any legal, moral or ethical reasons.Description of Services
Provider will give Client the ability to Store Images that shall be accessible via the Internet and World Wide Web and be considered to be Hosted by Provider.
While Provider shall make every reasonable effort to protect Client's Images stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of their own Images, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.Disclaimer of Warranties
Provider makes no Warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will be corrected.
Client understands and agrees that any Images downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any Warranty not expressly made herein.
Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.Cancellation
Provider reserves the right to suspend or cancel at any time Client access to Service for any reason. If Provider institutes its right of cancellation if Client has used services for Illegal, immoral or unethical Purposes.Termination of Service
If it is discovered and proven to our satisfaction that our services are being used for an Illegal, immoral or unethical purposes, all services shall be immediately terminated. Immoral or unethical purposes are at the sole discretion of the Provider, and Client agrees that the Provider's determination is final, whether based on personal opinion or fact. Termination shall be accompanied by written notice to the Client. Under certain circumstances described in this TOS, Provider may terminate Service with or without notice. Provider shall not be liable to Client or any third party for termination of Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.Not Allowed
Service will not be used for any of the following:
- Illegal activities or materials, including but not limited to materials, including but not limited to materials that may violate another's intellectual property rights
- Promoting pornographic, sexually explicit, violent, lewd or obscene materials
- Anything that constitutes promotion of SPAM
- Warez or Hacker related
- Attempts to undermine or cause harm to other Clients of Provider
- Any hate related material
- Any other reason that is deemed by Provider to be unsuitable
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.Governing Law
This TOS shall be governed by and construed in accordance with the laws of the Delaraew, United States. Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of the state of New Jersey, United States.
If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties.
Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.Limited Liability
Client is solely responsible for the contents of its transmissions and communications through the Service. Client's use of the Service is subject to all applicable local, state, and federal laws of the United States and international laws and regulations.
Client agrees that any and all use of Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of Service unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of Service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of Agreement for Service and any reasonable attorney's fee and court costs.Entire Understanding
This TOS constitutes the sole agreement between Provider and Client with respect to the subject matter hereof and shall be attached to any Agreement for Service.