Of Service
1. ACCEPTANCE
By using and/or visiting the PICTOA.COM website (collectively, including but not limited to all Content, s and Submissions available through PICTOA.COM.com, "PICTOA.COM", the website) you agree to the and conditions contained herein and the and conditions of PICTOA.COM's incorporated herein, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be bound by these and conditions. If you do not agree to be bound the and conditions contained herein, then do not use PICTOA.COM.com.
The and conditions of this Agreement are subject to change by PICTOA.COM at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use PICTOA.COM.com.
The and conditions contained herein apply to all s of PICTOA.COM whether a 'visitor' or a 'member' and you are only authorized to use PICTOA.COM.com if you agree to abide by all applicable laws and be legally bound by the and conditions of this Agreement.
2. DESCRIPTION OF SERVICES
The PICTOA.COM website allows for ing, sharing and general viewing various types of content allowing ed and uned s to share and view visual depictions of adult content, including sexually explicit images. In addition, PICTOA.COM contains video content, information and other materials posted/ed by s. PICTOA.COM allows its s to view the Content and Website subject to the and conditions of this Agreement.
The PICTOA.COM website may also contain certain links to third party websites which are in no way owned or controlled by PICTOA.COM. PICTOA.COM assumes no responsibility for the content, privacy policies, practices of any and all third party websites. PICTOA.COM cannot censor or edit the content of third party sites. You acknowledge that PICTOA.COM will not be liable for any and all liability arising for your use of any third-party website.
PICTOA.COM.com is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by PICTOA.COM.com. Any illegal and/or unauthorized use of PICTOA.COM is prohibited including but not limited to collecting names and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the PICTOA.COM website is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
4. CONDUCT
You acknowledge and agree that you shall be responsible for your own submissions and the consequences of posting, ing, publishing transmitting or other making them available on PICTOA.COM. You agree that you shall not (nor others using your ) post, , publish, transmit or make available in any way on PICTOA.COM content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, , publish, transmit or make available in any way on PICTOA.COM software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your ) post, , publish, transmit or make available in any way on PICTOA.COM content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your ) post, , publish, transmit or make available in any way on PICTOA.COM content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use PICTOA.COM in any way that exposes PICTOA.COM to criminal or civil liability.
You agree that PICTOA.COM shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the and conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the PICTOA.COM with the exception of Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to PICTOA.COM, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PICTOA.COM reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of Submissions of third parties obtained through the Website for any commercial purposes. If you or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the PICTOA.COM or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PICTOA.COM Website or the Content therein.
6. SUBMISSIONS
PICTOA.COM permits the submission of video and other communications and the hosting, sharing and publishing of such submissions. You understand that whether or not such Submissions are published and/or ed, PICTOA.COM does not guarantee any confidentiality with respect to any submissions.
PICTOA.COM allows/permits you to link to materials on the Website for personal, non-commercial purposes only.
You shall be solely responsible for any and all of your own Submissions and the consequences of posting, ing and publishing them. Furthermore, with Submissions, you affirm, represent and/or warrant that:
1. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize PICTOA.COM to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website and these of Service; and
2. you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Website and these of Service. For clarity, you retain all of your ownership rights in your Submissions. By submitting the Submissions to PICTOA.COM, you hereby grant PICTOA.COM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the PICTOA.COM Website and PICTOA.COM's (and its successor's) business, including without limitation for promoting and redistributing part or all of the PICTOA.COM Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each of the PICTOA.COM Website a non-exclusive license to access your Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under these of Service. The foregoing license granted by you terminates once you remove or delete a Submission from the PICTOA.COM Website.
In submitting material (video or other communication), you further agree that you shall not:
4. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PICTOA.COM all of the license rights granted herein;
5. publish falsehoods or misrepresentations that could damage PICTOA.COM or any third party;
6. submit material that is obscene, illegal, unlawful, , defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
7. post ments or solicitations of business;
8. Impersonate another person. PICTOA.COM does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and PICTOA.COM expressly disclaims any and all liability in connection with Submissions. PICTOA.COM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PICTOA.COM will remove all Content and Submissions if properly notified that such Content or Submission infringes on another's intellectual property rights. PICTOA.COM reserves the right to remove Content and Submissions without prior notice or delay. PICTOA.COM will also terminate a 's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, PICTOA.COM also reserves the right to decide in its sole and unfettered discretion, whether Content or a Submission is appropriate and complies with these of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. PICTOA.COM may remove such Submissions and/or terminate a 's access for ing such material in violation of these of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using PICTOA.COM.com, you will be exposed to Submissions from a variety of sources, and that PICTOA.COM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PICTOA.COM with respect thereto, and agree to indemnify and hold PICTOA.COM, its Owners, s, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website. You agree that PICTOA.COM may at its sole discretion have the right to refuse to publish, remove, or block access to any Submission that is available via the Website or other PICTOA.COM network or services at any time, for any reason, or for no reason at all, with or without notice.
PICTOA.COM provides its website as a service to its s. However, PICTOA.COM assumes no responsibility whatsoever for monitoring the PICTOA.COM Services for inappropriate content or conduct. If at any time PICTOA.COM chooses, in its sole discretion, to monitor the PICTOA.COM Services, however, PICTOA.COM assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the submitting any such content. PICTOA.COM may review and delete any Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any or person not associated with the Website (collectively "Inappropriate Submissions"). You are solely responsible for the Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other s or unrelated third-parties via the Website.
7. TERMINATION POLICY
1. A 's access to theWebsite will be terminated if, under appropriate conditions, the is determined to infringe repeatedly.
2. The Website reserves the right to decide whether Content or if a 's Submission is appropriate and complies with these and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Website may remove such Submissions and/or terminate a 's access for ing such material in violation of these and Conditions at any time, without prior notice and at its sole discretion.
8. POLICY
PICTOA.COM abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by PICTOA.COM. PICTOA.COM shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that PICTOA.COM reserves the right to charge for PICTOA.COM services and to change its fees from time to time in its discretion. Further more, in the event PICTOA.COM terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
10. WARRANTIES
You represent and warrant that all of the information provided by you to PICTOA.COM to participate in the PICTOA.COM website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition to using the PICTOA.COM, you must agree to the of PICTOA.COM's and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by PICTOA.COM with regard to its s may be disclosed in accordance with the PICTOA.COM .
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE PICTOA.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PICTOA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PICTOA.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
9. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
10. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
11. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
12. 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
13. ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PICTOA.COM WEBSITE. PICTOA.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE D OR OFFERED BY A THIRD PARTY THROUGH THE PICTOA.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PICTOA.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PICTOA.COM SHALL NOT BE LIABLE FOR 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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL PICTOA.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
14. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
15. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
16. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
17. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
18. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
19. 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 PICTOA.COM 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 PICTOA.COM SHALL NOT BE LIABLE FOR 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.
13. INDEMNITY
You agree to defend, indemnify and hold harmless PICTOA.COM, 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:
20. your use of and access to the PICTOA.COM Website;
21. your violation of any term of these of Service;
22. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
23. Any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these of Service and your use of the PICTOA.COM Website.
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 , conditions, obligations, affirmations, representations, and warranties set forth in these of Service, and to abide by and comply with these and Conditions contained herein.
14. ASSIGNMENT
The and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PICTOA.COM without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
15. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the site operator's country, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in the appropriate jurisdiction. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
