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Terms of Service
This Terms of Service policy was last modified on November 20, 2011
Please read these terms and conditions carefully. By accessing or using this web site or any of the services we provide, you agree to be legally bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this web site or any of the services provided by 16Pics.
16Pics is a service owned and operated by 16Pics Media ("16Pics") which makes various services available on 16pics.com (called the "Site") including, but not limited to, album summary tools and sharing.
Modification of the Site or Terms of Service
We reserve the sole right to either modify or discontinue the Site, including any of the Site's features, at any time with or without notice to you. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Registration and Account
You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify 16Pics of any unauthorized use of account or any other breach of security. 16Pics cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. You must be 13 years or older to use this Service.
For purposes of these Terms of Services, "User Content" is defined as any information, data, communications, software, photos, video, graphics and other material and services that can be viewed by users on our site. This includes comments and other original content. When you share User Content with a third party (e.g., when you provide a link to your 16Pics albums via email or posting the link to social networks), your User Content becomes available to any person with whom this third party chooses to share your User Content. Please consider this before sharing your User Content, as 16Pics is not responsible for other parties misusing your User Content. You must not transmit User Content via the Service unless you own all necessary rights, or have permission from the rightful owner of the User Content, to do so. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should report an abuse immediately at email@example.com. Although 16Pics will not necessarily review User Content, 16Pics reserves the right to refuse, review, or delete any User Content in our sole discretion, for any reason or no reason. As a supplier of User Content, you agree that you will not do any of the following while using or accessing the Site or Services:
• use the Service to transmit material that is against public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).
• use the Service to transmit a photo or video of another person without that person's consent or causing personal injury (including defamation, insults, abuse, etc.).
• use the Service to transmit any photo or other data that infringes the intellectual property rights of any third party.
Under no circumstances will 16Pics or affiliates be held liable for any loss or damage caused by your User Content or by your reliance of any content obtained through the Service.
The Site may provide links to third party websites or resources from the Site or Services. You acknowledge and agree that 16Pics is not responsible or liable for the availability or accuracy of, and 16Pics does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Trademarks and service marks
There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making the Marks available on this Site, 16Pics is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of 16Pics's or any third party's intellectual property rights. No 16Pics Marks may be used as a hyperlink or otherwise without prior written permission.
Limitation of Liability
In no event will 16Pics, its officers, directors, employees or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages arising out of or in connection with your use of the Site, Services, 16Pics content and User Content whether the damages are foreseeable and whether or not 16Pics has been advised of the possibility of such damages.
Should one or more of the stipulations in the Terms of Service be held to be invalid by a competent jurisdiction the remaining clauses shall remain valid and enforceable. These Terms of Service shall be governed by and interpreted in accordance with the laws of Israel.
Disclaimer of Warranties
You expressly understand and agree that: your use of the Service is at your sole risk. The Service are provided on an "as is" and "as available" basis. 16Pics, its licensors and suppliers, partners, and your carrier expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant-ability, fitness for a particular purpose, title, and non-infringement. 16Pics does not warrant uninterrupted use or operation of the Service or that any photos or other data sent by you will be transmitted in uncorrupted form or within a reasonable amount of time. You will be solely responsible for any delay or loss of any kind that results from your access or use of the Service, including loss of any photos or any loss or harm to your device or personal computer. No advice or information, whether oral or written, obtained by you from 16Pics, through or from the Service, or from any partner or your carrier, will create any warranty not expressly stated in this agreement.
You agree to defend, indemnify, and hold 16Pics and its respective officers, directors, employees, agents, representatives and affiliates (collectively "Affiliates") harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, content and User Content; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.