Terms of Services for PicsPay

1. Definitions

   'PicsPay' refers exclusively to this website, and excludes its shareholders, owners, or operators. 'File' refers to any document that has the potential to be uploaded to PicsPay. 'User' refers to the individual who uploads files to PicsPay, has uploaded files to PicsPay, or accesses files from PicsPay. 'URL' refers to the location of any file located on PicsPay's servers.

2. Privacy Policy

   All information provided by the user is strictly confidential. PicsPay reserves the right to distribute aggregated demographic information provided by the user, but PicsPay will never release any personal information about the user without permission. However, PicsPay reserves the right to release user information if user has violated the PicsPay Terms of Service, if the user has committed unlawful acts, if the information is subpoenaed, or if PicsPay deems it necessary or appropriate.

3. Terms of Service

   The following files may not be uploaded to our servers under any circumstances:

   1. Files that are illegal and/or are in violation of any United States laws;
   2. Files that infringe on the copyrights of any entity excluding the user;
   3. Files found to be illegal and/or can be even remotely construed as porn, copyrighted material, harassment, or spam;
   4. Files in violation of copyright;
   5. Files which contain a virus;
   6. Archived non-image files;
   7. Graphics for your website; or
   8. Files intending to harass or spam, or promote anything for commercial profit.

   Uploading files mentioned above will result in:

   1. IP being banned;
   2. Deletion of all files uploaded by offender; or
   3. Loss of all accumulated points.

   Uploading abusive files may result in the immediate termination of the user's ability to use PicsPay or any of its provided services. The PicsPay website may not load, all PicsPay-hosted files may not load, and all files and accounts related to the abusive files will be subject to deletion. Circumventing PicsPay's ability to enforce the PicsPay Terms of Service will result in prosecution.

   Users may not use robots, spiders, auto-spawning browsers, auto reloading or any other method of generating artificial or fraudulent impressions.

   PicsPay reserves the right to remove any uploaded files (but not replace) for any reason, and assumes no liability for lost links from other servers. Changing PicsPay linking codes is prohibited without prior permission. User may be contacted by picspay administrators regarding the infringing content.

4. PicsPay Accounts

   In order to access some features of the PicsPay, you will have to create a PicsPay account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PicsPay immediately of any breach of security or unauthorized use of your account.

   Although PicsPay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PicsPay or others due to such unauthorized use.

5. Legal Policy

   All files are copyrighted to their respective owners. PicsPay directs full legal responsibility of files to their respective users. All other content copyrighted of PicsPay. PicsPay 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 picspay may be reproduced or recreated without explicit written permission by operators of PicsPay and certified written verification by Notary Public.

6. Limitation of Liability

   User agrees that the use of PicsPay's services is entirely at User's own risk. PicsPay'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.

   PicsPay makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of PicsPay's services.

   IN NO EVENT SHALL PICSPAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PICSPAY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

   YOU SPECIFICALLY ACKNOWLEDGE THAT PICSPAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

7. Indemnity

   User agree to defend, indemnify and hold harmless PicsPay, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

   1. your use of and access to the PicsPay Website;
   2. your violation of any term of these Terms of Service;
   3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
   4. any claim that one of your User Submissions caused damage to a third party.

   This defense and indemnification obligation will survive these Terms of Service and your use of the PicsPay Website.

   PicsPay website may contain links to third party websites that are not owned or controlled by PicsPay. PicsPay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using PicsPay, you expressly relieve PicsPay from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PicsPay Website and to read the terms and conditions and privacy policy of each other website that you visit.

8. Maintenance

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

9. Ability to Accept Terms of Service

   You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the PicsPay Website is not intended for children under 13. If you are under 13 years of age, then please do not use the PicsPay Website, there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PicsPay without restriction.

11. General

    The "Terms of Service" is subject to change without prior notice. By using picspay, user agrees not to pursue picspay in any type of legal action.

    PicsPay reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the PicsPay Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.