Terms and Conditions


Definitions

  • 'PicsAway' refers to the PicsAway.com (this website), and excludes its shareholders, owners, or operators.
  • 'File' refers to any document uploaded to PicsAway and/or any document stored on PicsAway's servers.
  • 'User' refers to the individual who uploads files to PicsAway, has uploaded files to PicsAway, or accesses files from PicsAway.
  • 'URL' refers to the location of any file located on PicsAway's servers.

Terms of Service

PicsAway reserves the right to remove, replace, scan, read, publish any uploaded files, and assumes no liability for lost links or misplaced file URLs.
The following types of files are not allowed to be uploaded using our service.

  • Files that are pedophiliac (We will report you to the proper authorities, such as FBI or Interpol). This includes posting pictures of persons under 18, taking part in sexually implict or explicit actions.
  • Files that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and/or distribution permissions.
  • Files that are not valid image formats, like archived or executable files.

If you find an image that do not comply with our terms and conditions please report it using the report link on the page, where the image is located or contact us using our contact form with the links.


Privacy

All information provided by User is strictly confidential. PicsAway reserves the right to distribute aggregated demographic information provided by User, but PicsAway will never release the name or other personal information about User without User's permission. However, PicsAway reserves the right to release current or past member information in the event that:

  • PicsAway believes that User's use of PicsAway is being or has been in violation of the Terms of Service.
  • User has committed unlawful acts.
  • The information is subpoenaed.
  • PicsAway deems it's necessary or appropriate.

Legal Policy

Ignorance of these Terms of Service will not be considered a justification for non-applicability of said Terms of Service. These Terms of Service are subject to change without notice. PicsAway directs full legal responsibility of the contents of the files that are uploaded to PicsAway to individual users.

All files are © to their respective owners. All other content © PicsAway. PicsAway is not responsible for the content any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.

Except where diligently implied, absolutely NO part of PicsAway may be reproduced or recreated without explicit written permission by operators of PicsAway and certified written verification by Notary Public.


Limitation of Liability

User agrees that the use of PicsAway's services is entirely at User's own risk. PicsAway's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

PicsAway makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of PicsAway's services. In no event shall PicsAway be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use PicsAway's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.


Indemnity

User agrees to indemnify and hold PicsAway harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:

  • User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
  • Any defamatory or unlawful material contained within User's Files.


How to Write a Proper DMCA Notice



A Proper DMCA Notice will notify PicsAway of particular facts in a document signed under penalty of perjury. We refer to this as a .Proper DMCA Notice.. To Write a Proper DMCA notice, please provide the following information:

1. Identify yourself as either:
1. The owner of a copyrighted work(s), or
2. A person .authorized to act on behalf of the owner of an exclusive right that is allegedly infringed..
2. State your contact information, including your TRUE NAME, street address, telephone number, and email address.
3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that PicsAway disable access over the World Wide Web.
5. Identify the location of the material on the World Wide Web by providing .information reasonably sufficient to permit PicsAway to locate the material..
6. State that you have .a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law..
7. State that the information in the notice is accurate, under penalty of perjury.

Sign the notice with an electronic signature and email it using our contact form located here

Have any other questions, please use our contact form located at http://www.picsaway.com/contact.php


Maintenance

PicsAway will perform maintenance services as PicsAway determines reasonably necessary. User acknowledges that such maintenance may require downtime. PicsAway will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond PicsAway's control limit the ability to do so.







Picsaway.com © 2006-2008 - Free image hosting service - The hosted images are copyrighted by their respective owners.