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Terms of Service

 
 

BuddyPic.com Terms and Conditions
Effective: May 21, 2005

The Buddypic.com website and services (collectively, “Site”) are owned and operated by BuddyNet (“BuddyNet”). In order to use the Site, you must register as a member of the Site (“Member”) and agree to be bound by these Terms and Conditions (“Terms and Conditions”). For purposes of these Terms and Conditions, “User,” “you” and “your” refer to each user of the Site and services and “BuddyNet” “we,” “us” and “our” refer to BuddyNet. These Terms and Conditions explains our obligations to you, and your obligations to us, in relation to your use of our services. If you wish to become a Member and communicate with other Members and make use of the Site and our services, read these Terms and Conditions and follow the instructions in the registration process.

1. Eligibility. This Site is not directed at children under 13 years of age. You must be 13 or older to register as a Member or use this Site. Use of any services offered through the Site are void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to agree and abide by these Terms and Conditions. We reserve the right to change the Terms of Service at any time without prior notice to User. You are permitted to use and log into only your first member account.

2. Services. The services provided through the Site are proprietary to us and protected by intellectual property laws. Your access to the services on the Site is licensed and not sold. Subject to the timely payment of all Fees, if any, and these Terms and Conditions, we agree to provide you with a personal, non-transferable and non-exclusive account enabling you to access and use the Service. We reserve all rights not expressly granted to you, including, but not limited to, the right to alter, limit, modify, update, enhance, delete or improve the services on the Site. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason.

3. Limitations. You shall be solely responsible for the security, confidentiality and integrity of all content and messages that you receive or transmit through use of the Site. You shall be solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your passwords and all use or charges, if any, incurred from use of the Site with your passwords. The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Privacy Policy. In an effort to address your privacy concerns, we have instituted the following Privacy Policy which is incorporated herein by this reference. We reserve the right to change the Privacy Policy at any time. You acknowledge that you have read and understand the Privacy Policy and that you have an obligation to periodically review the Privacy Policy from time to time. In the event any provisions contained in these Terms and Conditions conflict with any terms, conditions or clauses contained in the Privacy Policy, the provisions of these Terms and Conditions shall govern.

5. Intellectual Property. The intellectual property utilized in providing the services and the Site are the valuable, confidential and copyrighted property of BuddyNet. You may use the Site as permitted herein and may not otherwise modify, adapt, translate, or create derivative works based on the Site without our prior written consent. As between you and us, we own all right, title, and interest in and to the Site, including without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trade secrets, patents and goodwill therein. Except as provided in these Terms and Conditions, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. As between you and us, you shall retain all rights, if any, which you may have in any content (referenced below) retrieved, viewed or sent by you using the Site. “BuddyPic” is a service mark of BuddyNet. All other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners.

6. Content. You acknowledge that all content and all text, information, photos, images, illustrations, profiles, video, text, graphics, questions, messages, comments and other materials posted, emailed, or otherwise transmitted to or on this Site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, “Content”), are the sole responsibility of the person who posted or transmitted such Content. This means that you are entirely responsible for all Content that you post, email or otherwise transmit to or through the Site. We do not control the Content posted, emailed or otherwise transmitted on the Site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Site, you may be exposed to Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through this Site. All communications are public and not private communications. We reserve the right to monitor some, all, or no areas of this Site for any other purpose. You acknowledge that by providing you with the ability to distribute Content, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Content or activities by others using the Site. Although we reserve the right to remove Content, without notice for any or no reason, we have no obligation to do so.

7. Prohibited Uses. You agree to use the Site in a manner consistent with any and all applicable laws and regulations. You are solely responsible for any and all acts and omissions that occur under your Member account or password and you agrees not to engage in unacceptable use of the Site, which includes, without limitation, posting Content which: (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) 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; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ; (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and (k) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. You may not use any information from the Site to harass, abuse or harm another person or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

8. Fees. There are no fees for this service at this time.

9. Termination. We reserve the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable your access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate your access to the Site. Termination for any reason shall not effect our entitlement to any sums, if any, due hereunder, or any additional remedies provided by law or equity. Under no circumstances shall you be entitled to any refund on any portion of fees paid in connection with this Agreement.

10. Representations. You represent and warrant to us that: (a) all information provided by you is truthful, accurate and complete; (b) you will comply at all times with these Terms and Conditions; (c) you will provide and will maintain accurate and complete registration information; and (d) your access to and/or use of the Site does not and will not constitute a breach or violation of any other agreement, contract, terms of use, or similar policy or understanding to which you may be subject.

11. Disclaimer of Warranties. THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SITE.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, YOUR USE OF THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID, IF ANY, BY YOU HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.

THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR YOU TO OBTAIN THE RIGHTS TO USE THE SITE AT THE SPECIFIED PRICE, IF ANY. YOU AGREE TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY US CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.

13. Indemnification. You agree to indemnify, hold harmless and defend BuddyNet, its members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) your use of the Site, including any data transmitted or received by you; and (b) any unacceptable use of the Site by you or through your account, including, without limitation, any statement, data or content made, transmitted or republished by you which is prohibited as unacceptable.

14. Amendment. We shall have the right, at any time and without notice, to add to or modify these Terms and Conditions, simply by delivering such amended terms to you by email at the address provided to us by you at the time of your registration. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.

15. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

16. Severability. If any provision of these Terms and Conditions are determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

17. Law. These Terms and Conditions shall be treated as though it were executed and were to be performed in the State of Massachusetts, USA. The rights and obligations under these Terms and Conditions shall not be governed by the United Nations Convention on Contracts or the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the State of Massachusetts, USA, without regard to conflict of law principles.

18. Forum. All actions, claims or disputes arising under or relating to the Site or these Terms and Conditions shall be brought in the federal or state courts in the State of Massachusetts. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Massachusetts. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Massachusetts and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Massachusetts.

19. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Massachusetts, USA.

20. Action. No action arising from your use of the Site may be brought by you more than one year after the cause of action has accrued.

21. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of these Terms and Conditions, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

22. Headings. The captions and headings in these Terms and Conditions are included for ease of reference only and will be disregarded in interpreting or construing these Terms and Conditions.

23. Survival. The terms and provisions of Sections 4, 5, 6, 7, 10-13, 17-21 and 23 shall survive any termination or expiration of this Agreement.

24. Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to: abuse at buddypic.com.

25. Entire Agreement. These Terms and Conditions constitute the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.


Please contact us with any questions regarding these Terms and Conditions by sending an email to abuse at buddypic.com.