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PICKPIC.COM Terms Of Use Last updated: January 6, 2008 Please read these Terms Of Use carefully before using this site. By using this site, you signify your agreement with these Terms Of Use. If you do not agree with any of the below Terms Of Use, do not use this site. Lickity Pixel reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates. Trademarks, Copyrights, and Restrictions This site (PickPic.com) is owned, controlled, and operated by White House Custom Colour, d/b/a Lickity Pixel, located in Eagan, Minnesota. The company's phone number is (651) 905-5150. All content on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Trademarks and copyrights to material appearing at this site are either owned and controlled by Lickity Pixel, or owned and controlled by other parties that have licensed their material to Lickity Pixel. Content from any web site owned, operated, licensed or controlled by Lickity Pixel may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modifications of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of this Terms Of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited. In the event you download software from Lickity Pixel's web sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Lickity Pixel. Lickity Pixel does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Lickity Pixel retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software in any form. Privacy For more information, please review our full privacy policy. Forums The term "Forums" refers to any chat area, discussion board, or e-mail function offered by Lickity Pixel and its affiliated sites. You shall not upload to, distribute through, or otherwise publish any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Lickity Pixel will fully cooperate with any law enforcement authorities or court order requesting or directing Lickity Pixel to disclose the identity of anyone posting any such e-mails or materials. Lickity Pixel is not responsible for any material posted on our forums. You shall not submit or otherwise publish through such forums any content which:
By uploading materials to any Lickity Pixel forum, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that so-called "moral rights" in those materials have been waived. You agree to indemnify Lickity Pixel and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties. Submissions Lickity Pixel welcomes your comments regarding its products and services. Unfortunately, however, Lickity Pixel's company policy does not permit the acceptance or consideridation of creative ideas, creative suggestions, ideas, notes, drawings, concepts, suggestions, other information, or materials (collectively, the "Submissions), other than those it has specifically requested by way of online feedback forms or other means. If, at our request, you send or post certain creative materials or, despite our request that you not send unsolicited creative materials, you do so anyway, the Submissions shall be deemed, and shall remain, the property of Lickity Pixel, unless the Submission's author has established legal copyright, either through previous publication (in print or on the Internet), or through registration with the United States Copyright Office. None of the Submissions shall be subject to any obligation of confidence on the part of Lickity Pixel, and Lickity Pixel shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Lickity Pixel shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, unless the Submission's author has established legal copyright through the means described above. Applicable law may restrict or limit the foregoing provisions of this paragraph. Disclosure to Lickity Pixel of custom programming code to any of Lickity Pixel's web applications (including PickPic) shall not be considered Submissions. In those cases, the author of the custom programming code retains full legal right to their work under applicable copyright laws. Lickity Pixel will not use the code in future versions of their products unless expressly permitted to do so by the author. Indemnity You agree to indemnify and hold White House Custom Colour, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the services or access to White House Custom Colour's web sites, or your violation of either these Terms Of Use or the rights of any third party. Links to External Sites or Resources Lickity Pixel may provide, or third parties may provide, links to other web sites or resources. Because Lickity Pixel has no control over such sites and resources, you acknowledge and agree that Lickity Pixel is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lickity Pixel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Disclaimer The materials in Lickity Pixel's web sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Lickity Pixel disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lickity Pixel does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Lickity Pixel's web sites or the server that makes them available are free of viruses or other harmful components. Lickity Pixel does not warrant or make any representations regarding the use or the results of the use of the materials in Lickity Pixel's web sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not Lickity Pixel) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The material that you read in Lickity Pixel's web sites is provided solely for promotional purposes and entertainment. The information and opinions expressed in bulletin boards, chat areas, or other forums, conducted on this site are not necessarily those of Lickity Pixel or its affiliated or related entities or content providers and Lickity Pixel makes no representations or warranties regarding that information or those opinions. Furthermore, neither Lickity Pixel nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in Lickity Pixel's web sites. Lickity Pixel, whether or not affiliated with sites which may be linked to this site, is not responsible for their content ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. Termination These Terms Of Use are effective until terminated by either party. You may terminate these Terms Of Use at any time by destroying all materials obtained from any and all Lickity Pixel site(s) and all related documentation, copies, and installations thereof, whether made under these Terms Of Use or otherwise. These Terms Of Use will terminate immediately without notice from Lickity Pixel if in Lickity Pixel's sole discretion you fail to comply with any term or provision of these Terms Of Use. Upon termination, you must destroy all materials obtained from this site and any and all other associated site(s) and all copies thereof, whether made under these Terms Of Use or otherwise. Jurisdictional Issues This site is controlled and operated by White House Custom Colour from its offices within the State of Minnesota, United States of America. White House Custom Colour makes no representation that materials in White House Custom Colour's web sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Oregon, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or White House Custom Colour bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Clackamas County, Oregon, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by White House Custom Colour. |