Free PicHosting

Free and Paid Basic Accounts and Members

Free-PicHosting Terms & Conditions of Use

Free-PicHosting allows its registered members to store images to Free-PicHosting servers and create photo albums.
Images are accessible via the Internet and World Wide Web.

By submitting your photos to Free-PicHosting, you represent that the photos, titles and descriptions comply with the Terms and Conditions of Use set forth in this section.

Free-PicHosting is the final arbiter of what is allowed and not allowed on the Free-PicHosting website. If a portion of the content in an account is found to be in violation of the Terms and Conditions of Use set forth in this section, the entire account may be removed. If the account is a paid account, there will be no refunds for accounts that have been deleted due to violation of the Free-PicHosting Terms and Conditions of Use set forth in this section.

Free-PicHosting reserves the right to modify or remove any content in a member account or to delete a member account at any time without prior notice if that account violates the Terms and Conditions of Use set forth in this section. Free-PicHosting is not responsible for any financial or personal loss to members using their Free-PicHosting accounts for business or any other purpose for any reason including but not limited to server down situations and accidental or willful deletion of member accounts and/or contents of said accounts.

The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Owner. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site.

Images stored on Free-PicHosting servers are for online photo sharing purposes and not meant for permanent or temporary archival purposes. Therefore, Free-PicHosting is not obligated to maintain back-up copies of any material submitted or posted on Free-PicHosting; this policy applies to free accounts as well as to paid accounts.

Free-PicHosting is not responsible or liable for any monetary losses incurred by members using their accounts for either personal or business, marketing or any other commercial purpose for any reason including but not limited to server malfunction, server crashes or software related problems.

We reserve the right to modify or terminate the Free-PicHosting service for any reason, without notice at any time.

Subscription cancellation is not Free-PicHosting.com's responsibility. You can cancel your subscription at any time by logging into your Paypal account, click on "details" for a recent Free-PicHosting payment, click the subscription link at the top, scroll to the bottom and click the "cancel subscription" button at the bottom.

You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page. Free-PicHosting reserves the right to disable direct linking on accounts that are using excessive bandwidth or otherwise abusing the system. Free-PicHosting has the right to change its file size, bandwidth, or storage limitations without notice.

You may terminate your account at any time, for any reason, by following the instructions on the options page. Free-PicHosting reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement

Age Requirements

Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Free-PicHosting. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at the contact us page. If Free-PicHosting determines that it has collected personal information of children under the age of 13, Free-PicHosting will immediately delete such information and any accounts believed to be held by children under 13.

Free-PicHosting Privacy Policy

For each visitor to our Web page, our Web server automatically recognizes your ip address.

We collect aggregate information on what pages consumers access or visit and any information you submit to us.

The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, and is not shared with other organizations for commercial or other purposes, with the sole exception of cases where a user of our services breaks our terms & conditions. Under these circumstances, we may share your information with relevant law enforcement agencies and other relevant 3rd parties.

With respect to cookies: We use cookies to store visitors preferences, customize Web page content based on visitors' browser type or other information that the visitor sends and store your upload settings.

With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of the companies advertising on our site.

Content Posted on the Site / General Rules and Guidelines:

A) You understand and agree that any of the co-operating companies may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of any of the co-operating companies violate this Terms and Conditions of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user.

B) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other users.

C) By posting any Content to the public areas of the Website, you hereby grant to Free-PicHosting the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license may be terminated at 24 months from you registering with the Service or at ay time thereafter buy either party giving the other 30 days notice. You represent and warrant that:

(i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and

(ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing to any person by reason of any Content you post on the Website.

D) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Free-PicHosting reserve the right to investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the use of the Service by such violators. Prohibited Content includes content that:

(i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any, property, group or individual;

(ii). harasses or advocates harassment of another person;

(iii). involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

(x.) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

.You must use the Service in a manner consistent with any and all applicable laws and regulations.

F) You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

G) You may not engage in advertising to, or solicitation of, any user to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other users. Although Free-PicHosting cannot monitor the conduct of every user of the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect users from such advertising or solicitation, Free-PicHosting reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which deem appropriate in our sole discretion.

H) You may not cover or obscure the banner advertisements on your personal profile page, or any Free-PicHosting page via HTML/CSS or any other means.

I) any automated use of the system, such as using scripts to add friends, is prohibited.

J) You may not attempt to impersonate another user or person who is not a user.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Free-PicHosting to terminate user privileges of any user who infringes copyright upon prompt notification to Free-PicHosting by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us or our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

K) Disputes

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of England and Wales without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the courts of United Kingdom.

L) Indemnity

You agree to indemnify and hold Free-PicHosting, Free-PicHosting and each of the co-operating companies, their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of these Terms & Conditions of Use and/or arising from a breach of these Terms & Conditions of Use and/or any breach of your representations and warranties set forth above.

M) Custodian of Records

The actors, models, actresses and/or other persons that appear in any visual, graphic, artistic, written or other depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen (18) years at the time of the creation of such.

All other pictures, graphics, videos and/or other visual media displayed on this Site are exempt from the provisions of 18 U.S.C. §2257, any amendments thereto, and 28 C.F.R. 75, because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. §2256 (2)(i) through (iv), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct[1], or are depictions as set forth in 18 U.S.C. 2256 (2)(v) created prior to July 27, 2006, and/or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

With respect to all visual or written, artistic or graphic media, as defined above, displayed on this website, whether of actual sexually explicit conduct, simulated sexual content and/or otherwise, all persons in said visual depictions were at least eighteen (18) years of age when said visual media, as defined above, were created.

N)

You hereby grant to the Owner the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Owner through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Owner will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Owner operations.

The Owner is free from any and/or all legal obligation under 18 U.S.C. §2257 for Submissions placed directly on the Site and shall not be responsible for 18 U.S.C. §2257 compliance unless the Submission comes with all records required under 18 U.S.C. §2257.

You may not post, send, submit, publish or transmit, in connection with the Site, any material that:

You do not have the right to post, including proprietary material of any third party;

Advocates illegal activity and/or discusses an intent to commit an illegal act;

Is vulgar, obscene, pornographic, or indecent;

Does not pertain directly to the site;

Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

Violates any law or may be considered to violate any law;

Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on the site;

Solicits funds, advertisers or sponsors;

Includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications;

Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real time activities via the site;

Includes mp3 format files;

Amounts to a ‘pyramid’ or similar scheme;

Disobeys any policy or regulations established from time to time regarding use of the site or any networks connected to the site; or,

Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

O) Security

Any passwords used for the Site are for individual use only. You will be completely and totally responsible for the security of your password. The Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Owner considers insecure, the Owner will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security and/or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Owner reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Owner reserves the right to investigate suspected violations of these Terms of Use.

The Owner reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, CONTRACTORS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OWNER OR LAW ENFORCEMENT AUTHORITIES.

P) Termination of Service

The Owner may alter, change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. The Owner may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the Owner's exclusive discretion, without prejudice to any legal or equitable remedies available to the Owner, for any reason or purpose, including, but not limited to, conduct that the Owner believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Owner believes is harmful to other customers, to the Owner's business, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Site and destroy all materials obtained from it.

Q) Waiver

The Owner’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of the Owner’s right to subsequently enforce such a provision or any other provision of these Terms of Use nor will any delay or omission on the part of the Owner to exercise or take advantage of any right or remedy that the Owner has or may have hereunder operate as a waiver of any right or remedy.

R) Refund Policy

Free-PicHosting will not honor any refunds for any paid Free-PicHosting services, including without limitation PRO account payments, more than thirty (30) days after you last submitted such payment to Free-PicHosting. Should you find the need to request a refund, please email pro-at-Free-PicHosting.com

S) Acts of God

The Owner shall be excused from its obligations for any period to the extent that the Owner is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond the Owner’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

T) Notices

Notices by site owner to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to site owner shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to site owner by means of electronic message must be sent to PROVIDE E-MAIL ADDRESS. This will be the only acceptable form of communications.

U) Disclaimer

You understand that the Owner cannot, WILL NOT and does not guarantee AND/or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses AND/or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. The Owner does not assume any responsibility AND/or risk WHATSOEVER, IN ANY FORUM, for your use of the Internet.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE OWNER MAY OR MAY NOT MAKE CHANGES AND/OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS OR INFRINGEMENTS IN SUCH CONTENT. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT’S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY, LOCALITIES OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE SOLELY, TOTALLY AND COMPLETELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

The Owner may revise these Terms of Use at any time by updating this posting.

Last updated: June 4, 2007

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Free and Paid Adult Accounts and Members