- Ownership of the Sites
Picha owns and operates the Sites. All content on the Sites, including text, captions, or information (“Site Content”) is owned by Picha or its licensors and is protected by United States and international copyright, trademark, trade dress, moral, and other intellectual property laws and rights.
- Use of the Sites
The Sites and Site Content are intended for Picha’s customers only, and you may not use the Sites or Site Content for any purpose that is not related to your business with Picha. You understand that Site Content constitutes valuable intellectual property of Picha and consent to Picha using rights management or other security systems and technologies to monitor uses of the Site Content. This includes permitting any technology Picha uses to access and scan your email, computer, and any other device, system, or application you use to access the Sites for the purpose of monitoring unauthorized uses of the Site Content.
Unless expressly authorized by Picha, you are prohibited from:
- copying, reproducing, downloading, uploading, posting, transmitting, or distributing (or facilitatingor assisting someone else in any of these activities) any part of the Site Content for any purpose without a license agreement with Picha, other than for individual viewing of the Sites or to engage in non-commercial fair use of Site Content;
- using the Site Content via any other web site or other networked computer environment, including but not limited to framing;
- removing any copyright or other proprietary notices from the Sites;
- removing any material from the Sites, or otherwise modifying or manipulating the Site Content;
- using any data mining, robots or similar data gathering or extraction methods;
- using automatic devices, technology, or algorithms to crawl, scrape, or search or monitor the Sites or Site Content or related information, other than to index the Sites as part of an internet search engine;
- registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Picha product or service if you are not authorized by such party to do so;
- impersonating any other user or account holder;
- reverse engineering any part of the Sites;
- circumventing, disabling or otherwise interfering with security-related features of the Sites or any system resources, services or networks connected to or accessible through the Sites, including any password-protected areas and/or features and rights management systems that Picha may use to protect, monitor, or track unauthorized use of Site Content;
- selling, licensing, leasing, or in any way commercializing the Sites or the Site Content; or
- using any device, software, or action that would interfere with the proper functioning of the Sites, or any transaction conducted via or on the Sites.
Picha reserves the right, in its sole discretion, to revoke any authorization you may have to view, download, and use the Site Content at any time and for any reason, with or without notice to you, and you agree to immediately discontinue such use upon notice from Picha. Picha may also restrict or remove Site Content from the Sites for any reason, and you agree to immediately discontinue all use of such Site Content upon notification from Picha.
- Linked sites
- Submissions by Users
You are not allowed to submit or post to any of the Sites any content that:
- is defamatory, obscene, pornographic, an invasion of privacy, or that you intend to inflict emotional distress;
- advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit under any local, state, national, or international law;
- infringes any proprietary right of any person, such as copyright, trademark, trade name, patent right, or trade secret;
- violates an order of a court or governmental agency;
- proposes or solicits any commercial transaction from any third party, or proposes or solicits any donation or payment of any funds for any purpose, or advertises or promotes any good or service for sale or lease;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- is the private information of any third party, including addresses, phone numbers, email addresses, or Social Security numbers;
- transmits “spam” or “junk mail”;
- violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty;
- contains software viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or any other computer code, file or program that functions to interrupt, damage, destroy, interfere with, or limit the functionality of any computer software or hardware or telecommunications equipment; or that
- Picha has determined in its sole discretion to remove from any of the Sites.
You also are not allowed to collect or store personal information or data about other users.
The copyrights in the User Content contributed by users of the Sites are held by the individual creators of that User Content. Subject to any separate agreement between you and Picha, for all User Content you Publish on the Sites, you grant Picha a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the User Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the User Content. The foregoing license includes, but is not limited to, Picha’s use of the User Content in Picha’s print and online publications, any advertising or promotion of same, and other media projects. You explicitly agree that Picha may reproduce, in whole or in part, modified or otherwise, any User Content that you Publish through the Sites in any of Picha’s products. You hereby waive any right to inspect or approve any versions of the User Content or other use of the User Content by Picha and any right to compensation for Picha’s use of the User Content.
- Account Registration
You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Sites (“Registration Information”); (b) maintain and promptly update the Registration Information, and any other information you provide to Picha, to keep it accurate, current, and complete; (c) maintain the security of your password and identification, including but not limited to, not disclosing your password and identification to third parties; (d) notify Picha immediately of any unauthorized access or use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Information and any other information you provide to Picha.
- Interactive Areas
- Website Purchases
When you purchase products or services on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services, including but not limited to any applicable Picha License Agreement, and any terms and conditions required by any third party merchants who process any purchases of products or services on or through the Sites.
You agree to use the Sites and to purchase services or products through the Sites for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Picha or its agents, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites.
Picha is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services that may be made available by third party merchants on sites that link to, or that are linked to by, the Sites. For more information regarding any such third party merchant, its online store, its terms, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly.
- Agent to Receive Notification of Claimed Infringement
Picha does not knowingly publish (or permit individuals to publish) copyrighted material without permission, and in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Picha has adopted a policy of terminating, in appropriate circumstances and at Picha’s sole discretion, account holders or users who repeatedly infringe the intellectual property rights of Picha or any third party. If you believe that any material published on the Sites has been used in a way that constitutes copyright infringement, and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify Picha’s Copyright Agent of any alleged infringement. Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:
- a description of the infringing material;
- a description of the copyrighted work(s) that you believe has been infringed;
- the name of the owner of the copyright;
- your name;
- your address, telephone number and/or email address;
- a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
- a statement that all of the information you have provided is true; and
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.
Your statement must be sent Picha by U.S. mail, fax, or e-mail, addressed as follows:
Attn: DMCA Copyright Agent
P.O Box 30909
Bethesda, MD 20824
The Picha logo, and any other product or service name or slogan contained in the Sites are trademarks of Picha and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, including in metatags or other hidden text, without the prior written permission of Picha or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Picha and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- No Warranties
The contents of the Sites are provided “as is” and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Picha disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. Picha expressly disclaims any warranty that the functions contained in the contents of the Sites will be uninterrupted or free of errors, that defects will be corrected, or that the Sites or the servers that make the Sites availableare free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of the Sites.
Additionally, you are responsible for backing up your data and any Site Content you have licensed from the Site, and Picha provides no warranty or guarantee that Site Content you have licensed will be available from the Sites.
- Liability Provisions
Picha shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, any of the Sites or their contents, including the transmittal of viruses, worms, or other elements harmful to a computer system.
If you have an “account” with any of the Sites to Publish or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
- Governing Law; Severability; Entire Agreement
Last updated on: 12/18/2015