Picdish | Terms of Service

1. General. Thank you for visiting Picdish Inc. ("Picdish"). These terms of service ("Terms of Service") govern your use of any product or service of Picdish including, without limitation, the Picdish web site and any online or mobile application (collectively, the "Picdish Services"). By accessing or using the Picdish Services, you signify that you have read, understood, and agree to be bound by these Terms of Service. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM ACCESSING OR USING THE PICDISH SERVICES.

2. Privacy. Picdish will only use any personal information that you provide to Picdish in connection with your use of the Picdish Services in accordance with the terms of our privacy policy ("Privacy Policy"). In this regard, you agree to the then-current version of the Privacy Policy that you can find and read at picdish.com/privacy. You hereby agree that we may use your personal information in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms of Service.

3. Authorized Users. These Terms of Service form a legally binding contract between you and Picdish. By using the Picdish Services, you affirm that you are at least 13 years of age. If you are under the age of 18 years, you may not access or use the Picdish Services without the consent of your parent or guardian and his or her agreement to these Terms of Service on your behalf and his or her agreeing to take full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You may not access or use the Picdish Services if you are unable to form a legal binding agreement with Picdish.

4. Revisions. You agree to check picdish.com/terms periodically for new information and terms that govern your use of the Picdish Services. Picdish reserves the right to modify these Terms of Service at any time with or without notice to you. Revisions to these Terms of Service are effective immediately upon posting at picdish.com/terms. Picdish may, at its sole discretion, and at any time, discontinue the Picdish Services or any part thereof, with or without notice to you, or may prevent your use of the Picdish Services with or without notice to you. In addition, Picdish may update the Picdish Services (including, without limitation, by introducing or removing features, functionality or Content (as defined below)) at any time in its sole discretion, with or without prior notice to you.

5. Access. There are two ways you may access the Picdish App: (1) through Facebook Connect, or (2) by registering with us to create a Picdish account.

5.1. Facebook Connect. You may access the Picdish App, and make your User Content (as defined below) available to other users through the Picdish Services, by accessing the Picdish Services through Facebook Connect which requires you to have a Facebook account. However, you do not need a Facebook account in order to browse and view other Picdish users' User Content that they choose to share through Twitter, a blog, email or a web site. After you have entered the Picdish Services through Facebook Connect you may create your own Picdish Services username if you wish, but you are not required to do so. To login using Facebook Connect, you must enter your Facebook username and password, then click "Allow" on the permissions page. By clicking "Allow" you are granting Picdish the right to (i) access your Facebook Basic Information, which includes your name, profile picture, gender, networks, user ID, list of friends, and any other information you have shared with everyone; (ii) send email to you, (iii) post to your wall, and (iv) and access your Facebook data anytime, even when you are not logged in. Notwithstanding the foregoing, you understand and agree that your use of the Facebook website is governed by Facebook's terms of use and its privacy policy, including, without limitation, Facebook’s password and account security policies related to Facebook Passwords and accounts.

5.2. Picdish Account. Picdish Account. You may also access the Picdish App and make your User Content (as defined below) available to other users through the Picdish Services by signing up for a Picdish account. In order to sign up, you must enter your e-mail address and create a username and password for you Picdish account. We also ask for your phone number and a profile photo, however, you are not required to enter it create your account. If you register for a Picdish account, you may also share Picdish information with your Facebook friends and profile but you will be required to allow us access to your Facebook account by clicking “Allow” on the permissions page (see above). The way we collect, use, store, secure and share this and other personal information we collect about you, is governed by our Privacy Policy picdish.com/privacy.

5.3. Optional Information. We allow you to submit additional profile information, such as your name, website, bio and profile picture.

5.4. Proper Access and Use. You may not use any other person's Facebook or Picdish account login credentials to access the Picdish Services, or otherwise use the Picdish Services in a manner that violates these Terms of Service or any terms applicable to your use of Facebook and Facebook Connect. You should not reveal your Facebook or Picdish account password to any other person. You are solely responsible for all Picdish activity associated with your Facebook username or Picdish account and your use of the Picdish Services. Your permission to use the Picdish Services may be terminated if someone else uses your Facebook or Picdish login credentials to engage in activity that violates these Terms of Service. Picdish will never ask you to reveal your Facebook or Picdish account password, or initiate contact with you asking for answers to your Facebook password security questions. Picdish reserves the right to refuse you permission, or to withdraw your permission, to access or use the Picdish Services, in its sole discretion.

6. Picdish Content and User Content. Content from the Picdish Services provided by Picdish, its affiliates, employees, agents, representatives, licensors, or other third party partners including all trademarks, logos, trade names, slogans, text, files, images, photos, videos, sounds, musical works, software, works of authorship or other materials or content ("Picdish Content") is the property of Picdish or its licensors and is protected by appropriate trademark, copyright, patent, trade secret or other related laws both in the United States and internationally. The Picdish Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you ("User Content"). Picdish Content and User Content collectively shall be referred to as "Content". Picdish may not, and has no obligation to, pre-screen any User Content and does not endorse or approve any User Content that you or other users contribute to the Picdish Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Picdish Services. Picdish respects the intellectual property, privacy and privacy rights of others. You must have the legal right to upload and grant the rights set forth in these Terms of Service in respect of any User Content that you make available through the Picdish Services and you hereby represent and warrant that you possess all such required legal rights. You may not upload or post any User Content on Picdish Services that infringes or misappropriates the patent, copyright, trademark, trade secret, or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or publicity. You may upload only User Content that you are permitted to upload by the owner or by law.

When you contribute User Content to the Picdish Services, you hereby expressly grant to Picdish for Picdish, its affiliates, employees, agents, representatives, licensors and other third party partners, a non-exclusive, perpetual, worldwide, fully-paid, royalty-free, sublicensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform your User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You hereby grant to Picdish all licenses, consents and clearances to enable Picdish to use such User Content for such purposes in accordance with this paragraph. You hereby waive and agree not to assert any moral or similar rights you may have in your User Content to the extent it is used in accordance with this paragraph.

You acknowledge and agree that Picdish is intended to function as an open network and that by submitting User Content to the Picdish Services your User Content will be fully-accessible by other Picdish Services users, even if you are not currently logged into the Picdish Services. We may also in the future permit users to create custom pages on our web site; this means that your User Content will be available for anyone to view and search on the Internet. By submitting User Content to the Picdish Services, you hereby grant to all other users of the Picdish Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Content on or through the Picdish Services and the Internet without further notice, attribution or compensation to you. IF YOU DO NOT WISH OTHER PICDISH USERS TO VIEW OR USE YOUR USER CONTENT, THEN YOU SHOULD NOT SUBMIT YOUR USER CONTENT TO THE PICDISH SERVICES.

7. Removal of Content. Picdish reserves the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in Picdish's sole and final discretion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICDISH DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR USER CONTENT AND OTHER CONTENT OR FOR ANY FAILURE TO OR DELAY IN REMOVING USER CONTENT OR OTHER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND MAY BE HELD LIABLE FOR USER CONTENT THAT YOU POST.

8. Copyright Infringement.

Picdish respects the intellectual property and other proprietary rights of others and has a policy of removing Content (or references or links to Content or other content) from the Picdish Services that infringes third party copyrights and blocking the access of any user who uses the Picdish Services in violation of copyright law.

If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and appears on or through the Picdish Services, you may submit a notification to us pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent (designated below) with the following information in writing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Picdish to locate such material (or identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Picdish to locate that reference or link); (d) information reasonably sufficient to permit Picdish to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement 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 agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.

    Attn: DMCA Agent
    Picdish Inc.
    P.O. Box 21626
    Santa Barbara, CA 93121-1626
    Fax: (650) 560-6422
    E-mail: legal@picdish.com

Only DMCA or other copyright-related notices should be sent to the copyright agent; any other communications sent to the copyright agent will be destroyed.

9. License Grant. Subject to your compliance with these Terms of Service, Picdish grants you a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use Picdish Content solely for your personal, private and non-commercial use in connection with the Picdish Services accessed and used by you for their intended purpose. You may not copy or download any Content from the Picdish Services except in each and every case, with the prior written approval of Picdish or the owner of such Content. In addition, without the prior written approval of Picdish, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights to use the Picdish Content are subject to your compliance with these Terms of Service as well as any other terms applicable to the Picdish Services. Except for the licenses that you grant to Picdish in these Terms of Service, nothing in these Terms of Service is intended to affect your rights to continue using and owning your own User Content.

Making unauthorized copies or distribution of Content may result in the prohibition of your use of the Picdish Services and further legal action. Any owner of the Content may take criminal or civil action against you for unauthorized use of their intellectual property rights. You agree to indemnify, defend and hold harmless Picdish, its affiliates, employees, agents, representatives, licensors and other third party partners from any breach by you of these Terms of Service or other terms applicable to your use of the Picdish Services, and any unauthorized or illegal conduct by you, or through the use of your Facebook account, in connection with the Picdish Services.

10. Picdish Services Availability. Picdish does not guarantee that the Picdish Services or Content will be available at all times or at any given time or that we will continue to offer the current features of the Picdish Services (or the Picdish Services in their entirety) or Content for any particular length of time.

11. Fees. Picdish does not currently charge a fee to access and use the Picdish Services. However we reserve the right to introduce a fee for use of the Picdish Services at any time in the future in our sole discretion. We will notify you of the introduction of any fees by posting a notice on the Picdish web site or by sending you an e-mail if you have provided your e-mail address to us, or by such other means selected by Picdish in its sole discretion.

12. Third Party Web Sites. The Picdish Services provide links to, and enable you to interact with, third party web sites ("Third Party Sites"). We provide such links solely as a convenience to you. Picdish does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Picdish Services, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms and conditions and privacy policies located on the linked-to Third Party Sites which may be different from these Terms of Service or our Privacy Policy.

13. Termination of Picdish Services.

Picdish may terminate any feature of the Picdish Services (or the Picdish Services in their entirety) at any time with or without notice of such termination. Picdish may also terminate your permission to access and use the Picdish Services for violation of these Terms of Service or other terms applicable to your use of Third Party Sites, illegal or improper use of your Facebook account, or illegal or improper use of the Picdish Services, Picdish Software or Content as determined by Picdish in its sole discretion. In response to an actual, suspected or intended violation of these Terms of Service or any other terms applicable to your use of Third Party Sites by you, Picdish may issue a warning to you, suspend your permission to access the Picdish Services or immediately and permanently terminate your access to the Picdish Services. You acknowledge and agree that Picdish is not required to provide you with notice before suspending or terminating your access to the Picdish Services. If Picdish terminates your access to the Picdish Services, you may not use the Picdish Services again without Picdish's express prior written permission and Picdish reserves the right to take any and all technical measures reasonably required to block your access to the Picdish Services. You may cease using the Picdish Services at any time in your sole discretion by refraining from accessing the Picdish Services.

14. Rules of Conduct

You agree to the following rules of conduct for your use of the Picdish Services, including the posting of any User Content:

You shall not post, transmit, promote, or distribute Content that is illegal including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software, that will harass, threaten, embarrass, or do anything else to another user or person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
You shall not transmit or facilitate distribution of Content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, homophobic, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, be objectionable and/or inappropriate. Hate speech is not tolerated.
You shall not disrupt the flow of comments between Picdish Services users with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting by using all caps in an attempt to disturb other users, "spamming", or flooding.
You shall not impersonate another person (including celebrities), indicate that you are a Picdish employee or representative, or attempt to mislead users by indicating that you represent Picdish or any other person or entity.
You shall not attempt to get a password, account information, or other private information from anyone else on the Picdish Services or post any person's real-world information without such person's permission.
You shall not upload any Content that you do not own or have permission to distribute in accordance with these Terms of Service.
You shall not upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Picdish Services or otherwise interfere with any other person's ability to use the Picdish Services.
You shall not post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
You shall not use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
You shall not modify or attempt to modify any part of the Picdish Services that Picdish does not specifically authorize you to modify.
You shall not attempt to use the Picdish Software (as defined below) on, through or in connection with, any service that is not controlled or authorized by Picdish.
You may not conduct any activities that violate the laws, rules or regulations of any jurisdiction including but not limited to laws governing intellectual property, defamation, invasion of privacy, breach of the right of publicity, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

If you encounter another user who is violating any of these rules of conduct, please report this activity to Picdish by contacting us at legal@picdish.com.

15. Compliance with Laws. You shall obey all federal, state, provincial, supranational, national, and local laws, regulations and rules that apply to your activities when you use the Picdish Services. Picdish reserves the right to terminate your access to and use of the Picdish Services, and to prevent your future use of the Picdish Services, if you engage in illegal activity or if you violate these Terms of Service.

16. Services Not Controlled By Picdish. Picdish takes no responsibility for your use of the Picdish Services on or through any third party service or platform and Picdish has no control over how those services or platforms are offered, administered or operated. Any such use of non-Picdish controlled services and platforms is at your own risk and may subject you to additional or different terms and restrictions by the third party providing the service or platform. You are required to comply with all third party terms and conditions which apply in connection with your use of the Picdish Services.

17. Software. Some Picdish Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer or mobile device ("Picdish Software"). Subject to your compliance with these Terms of Service, Picdish grants you a personal, limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Picdish Software, in object code form only, solely for the purpose stated by Picdish at the time the Picdish Software is made available to you and in accordance with these Terms of Service. Your use of the Picdish Software may also be subject to the terms of an end-user license agreement. You may not sublicense, or charge others to use or access the Picdish Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the Picdish Software, or make derivative works from or of the Picdish Software. You may not modify the Picdish Software or use it in any way not expressly authorized in writing by Picdish. You understand that Picdish's introduction of various technologies may not be consistent across all platforms and that the performance of the Picdish Software and the Picdish Services may vary depending on your computer or mobile device. From time-to-time, Picdish may provide you with updates or modifications to the Picdish Software. You understand that certain updates and modifications may be required in order to continue using the Picdish Software and the Picdish Services. Picdish and its third party licensors expressly reserve ownership of all intellectual property rights applicable to the Picdish Software. All rights not granted herein are expressly reserved; there are no implied rights. The license granted to you in this Section shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this Section.

18. Picdish Software Obtained From iTunes. Without limiting the terms of Section 17 above, the following applies to any Picdish Software that you obtain from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these Terms of Service are solely between you and Picdish, and not Apple Inc. or its subsidiaries (collectively, "Apple"), and that Apple has no responsibility for the iTunes-Sourced Software, the Picdish Services or Content. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service and any other applicable terms provided by Apple and may only be used on an iOS product that you use or control and as otherwise permitted in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software or the Picdish Services. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty and if you have paid a fee for the iTunes-Sourced Software, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iTunes-Sourced Software to conform to any warranty will be solely governed by this Agreement and any law applicable to Picdish as provider of the iTunes-Sourced Software. You acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any laws applicable to Picdish as provider of the iTunes-Sourced Software. You acknowledge that in the event of any third party claim that the iTunes-Sourced Software, or your possession and use of the iTunes-Sourced Software, infringes that third party's intellectual property rights, Picdish, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Picdish acknowledge and agree that Apple, (including Apple's subsidiaries), are third party beneficiaries of these Terms of Service as relates to the iTunes-Sourced Software, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relating to the iTunes-Sourced Software against you as a third party beneficiary thereof. You acknowledge that these Terms of Service are between Picdish and you, and are not between Apple and you, and that Picdish, and not Apple, is solely responsible for the Picdish Services, Content and Picdish Software, including the iTunes-Sourced Software.

19. Export Control Laws. The Picdish Services may be subject to United States (U.S.) export controls, and export controls of other jurisdictions. By using the Picdish Services, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. or European Union (E.U.) government embargo or that has been designated by the U.S. government, E.U., or any member state of the E.U., as a terrorist supporting country; and (b) you are not on a listed on any list of prohibited or restricted parties that is promulgated by the U.S. government, E.U., or any member state of the E.U.. You agree to abide by U.S., E.U., E.U. member state, and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Picdish Software subject to restrictions under such laws, to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Picdish Services, any User Content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive the termination of these Terms of Service.

20. EXCLUSION OF WARRANTY AND CONDITION.

YOUR USE OF THE PICDISH SERVICES, PICDISH SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE PICDISH SERVICES, PICDISH SOFTWARE AND CONTENT ARE FURNISHED TO YOU "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. PICDISH, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, BUSINESS PARTNERS, AND THIRD PARTY SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "Picdish Parties"): (A) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DO NOT WARRANT THAT THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UPDATED, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET ANY MINIMUM SERVICE LEVEL OR STANDARD OF OPERATION, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OF THE PICDISH SERVICES, PICDISH SOFTWARE AND CONTENT, OR THE RESULTS OF THE USE OF THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT. THE PICDISH PARTIES ARE NOT RESPONSIBLE FOR THE LOSS OF ANY OR ALL OF YOUR USER CONTENT; IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR OWN COPY OF YOUR USER CONTENT.

YOUR SOLE REMEDY AGAINST PICDISH FOR DISSATISFACTION WITH THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT IS TO STOP USING THEM. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND PICDISH. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PICDISH OR ANY PERSON ON BEHALF OF PICDISH SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION.

Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Picdish's warranties and conditions with respect to the Picdish Services, Picdish Software and Content will be limited to the greatest extent permitted by applicable law in such jurisdiction.

21. LIMITATION OF LIABILITY.

IN NO EVENT WILL THE PICDISH PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT, OR THE USE OF THE RESULTS OF THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT, LOSS OF PROFITS, OR OTHER LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF THE PICDISH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PICDISH PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT. IF, NOTWITHSTANDING THE FOREGOING, A PICDISH PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE PICDISH SERVICES, PICDISH SOFTWARE OR CONTENT, THE PICDISH PARTY'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE GREATER OF: (A) ONE HUNDRED US DOLLARS (US$100.00); AND (B) THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO PICDISH DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE PICDISH PARTY'S LIABILITY.

Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so the above limitations or exclusions may not apply to you. In such event, the Picdish Parties' liability for such damages with respect to the Picdish Services, Picdish Software and Content will be limited to the greatest extent permitted by applicable law in such jurisdiction.

22. Release. To the greatest extent permitted by applicable law, you hereby release the Picdish Parties from and against any and all demands, claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses of any kind that arise from, out of, in connection with, or are incident to, whether directly or indirectly, your use of the Picdish Services, Picdish Software or Content.

23. Indemnification. You hereby agree to indemnify, defend and hold harmless the Picdish Parties (each an "Indemnified Party"), from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your use of the Picdish Services, Picdish Software, Content, Third Party Sites and third party services; (b) any breach or alleged breach by you of these Terms of Service, including, without limitation, any false, misleading, inaccurate, or incomplete statements or other information provided by you concerning the origin or ownership of your User Content, your Feedback, materials, or other information provided by you, or otherwise relating to these Terms of Service, or your breach of any terms applicable to Third Party Sites or third party services; (c) any use of your User Content, your Feedback, materials, or other information you submit to Picdish in connection with the Picdish Services; (d) any breach or alleged breach by you of a third party's rights, including, without limitation, the infringement or misappropriation of a third party's patent, copyright, trade secret or trademark rights, or the violation of a third party's right of privacy of publicity; (e) any damage caused by or alleged to have been caused by you to the Picdish Services, Picdish Software, Content, Third Party Sites or third party services; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation. Counsel you select for defense or settlement of a claim must be consented to by the Indemnified Party(s) prior to counsel being engaged to represent you and the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. The Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of the Indemnified Party(s) without the prior written consent of the Indemnified Party(s).

24. General Terms

24.1. Remedies. Except as set forth in Section 18 above, you agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Service.

24.2. Severability. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Picdish, and the remaining portions shall remain in full force and effect.

24.3. Waiver. The failure of Picdish to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in a writing signed by Picdish.

24.4. Governing Law. These Terms of Service are governed by the laws of the state of California without regard to its conflict of laws provisions. You expressly agree to the exclusive jurisdiction of the federal and state courts seated in the City and County of San Francisco, California in respect of any claim or dispute with Picdish, arising out of or relating in any way to these Terms of Service or your use of the Picdish Services. As noted above, your conduct may also be subject to other local, state, national, and international laws, rules and regulations. You are solely responsible for ensuring that your use of the Picdish Services complies with all applicable laws, rules and regulations in the jurisdiction in which you access and use the Picdish Services.

24.5. Feedback. If you send or transmit any communications, comments, questions, suggestions, or related materials to Picdish, whether by letter, e-mail, telephone, or otherwise ("Feedback"), suggesting or recommending changes to the Picdish Services, Content or Picdish Software, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Picdish is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, software or other products and services using such Feedback. You understand and agree that Picdish is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

24.6. Entire Agreement. These Terms of Service and the Privacy Policy and any posted rules or instructions regarding the Picdish Services, constitute the entire agreement between you and Picdish. If there is any conflict between these Terms of Service and any other Picdish rules or instructions applicable to your use of the Picdish Services, Picdish shall resolve the conflict in its sole discretion.

24.7. Assignment. Picdish may assign or transfer its rights, or delegate any performance, under these Terms of Service to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms of Service to any third party without in each and every case, Picdish's express prior written consent. Any purported assignment in violation of this Section will be null and void.

24.8. Survival. Any terms which by their nature are intended to survive the termination of your use of the Picdish Services (irrespective of the reason for such termination), are hereby deemed to survive.

24.9. Contact Information. If you have any questions or comments or would otherwise like to communicate with us, please contact us as follows:

    Picdish Inc.
    P.O. Box 21626
    Santa Barbara, CA 93121-1626
    USA.
    Tel: (650) 308-4010
    E-mail: legal@picdish.com