Terms of ServiceUpdated 11/10/2014
picloco.com may at its sole discretion modify this Agreement from time to time, and may modify, suspend or terminate the Site and Services for any reason or no reason and without notice.
1. Description of the Servicespicloco.com provides its users the ability to upload, share and/or host including, without limitation, images, graphics, pictures, photographs, text ("Content") that is owned by users of picloco.com or to which they have any necessary rights ("User Content"). This Content and User Content may be shared via the web on, for example, social networking sites, personal websites, message boards, blogs and online journals.
Though the Site and Services are normally available, at times the Site or Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of equipment and telecommunications links beyond the control of picloco.com. picloco.com reserves the right to delete any Content for any reason without notice. Some deleted content may be stored by Funky Llama Productions to meet legal obligations. picloco.com recommends that you keep a backup of your User Content.
2. Age RequirementsUsers of the Service must be at least 13 years of age. No information of children under 13 will be knowingly collected by picloco.com. If parents or guardians become aware that a child has provided information, such as through misrepresenting their age, they should immediately Contact Us with details of the account.
3. Submissions & Licensepicloco.com does not claim ownership to your User Content. By uploading your images you merely grant us a license to display your Content or User Content for the purpose of image hosting, creating lists with images and text, sharing the image with your friends, or in our search engine and on our sister sites (including iscute.com, weirdnutdaily.com, frabz.com and others). Thus, by posting or submitting User Content to picloco.com, you grant picloco.com the non-exclusive, transferrable, worldwide right to use, transmit, reproduce, sub-license, create derivative works from, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form on the Site and Sister Sites and for the purpose of hosting the image on other sites. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Funky Llama Productions this license. picloco.com directs full legal responsibility of User Content to their respective users. picloco.com is not responsible for the content of any file or User Content.
4. RestrictionsBy using the Site or Service you agree not to
- Upload any Content you do not own or to which you don't have the necessary rights.
- Upload any Content that violates any federal, state or local law or statute.
- Upload any Content that might reasonably be deemed offensive or pornographics.
- Use uploaded content for the purpose of spam or unsolicitied commercial email/messages.
- Harass 3rd parties.
- Interfere with the security and usual operation of the picloco.com Site such as through Denial of Service attacks, attempts to gain access to other user's accounts, etc.
- Do anything else that might expose Funky Llama Productions to any liability.
5. Disclaimer of Warranty and Limitation of LiabilityFUNKY LLAMA PRODUCTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. FUNKY LLAMA PRODUCTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. FUNKY LLAMA PRODUCTIONS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNKY LLAMA PRODUCTIONS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, FUNKY LLAMA PRODUCTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FUNKY LLAMA PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FUNKY LLAMA PRODUCTIONS' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO FUNKY LLAMA PRODUCTIONS PURSUANT TO THIS AGREEMENT.
6. IndemnificationYou agree to defend, indemnify, and hold harmless picloco.com and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement
7. JurisdictionThis Agreement will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal or state courts located in Bernalillo County, New Mexico. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
8. Copyright InfringementWe accept notifications of alleged copyright violations in accordance with the Digital Millenium Copyright Act (The text of the act can be found at http://lcweb.loc.gov/copyright/). Note that if you materially misrepresent a claim of copyright infringement you will be liable for damages (incuding costs and attorney fees -- see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/) We require the following information in order to respond to your request:
- Describe in detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work is the code that appears on http://www.example.com/thecode.html)
- Identify the material that you claim is infringing the copyrighted work listed in #1. Include relevant URL's that will allow us to identify the work.
- Your address, telephone number, and email address
- Include the following statement "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"
- Include the following statement "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the notification (Type your full name to sign it electronically if submitted via email).
- Send the notification to our agent at firstname.lastname@example.org