Our Services and Products are provided subject to the following terms and conditions.
Privacy and Other Terms
The term "User Content" shall refer to any materials you upload, post, or otherwise transmit to this website (the "Site"), including but not limited to images, text, data, sketches, photos, drawings, graphics, digital images, or any combination thereof.
User Content Guidelines
Users of Pictures to Art must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your use and/or account.
- Intellectual property violations. Users must honor the intellectual property rights of others. Users shall not post or distribute content to which they do not own the copyright. In addition, users shall not post or distribute images or other content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party's rights of privacy or publicity.
- Illegal Acts. Users shall not post or distribute content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
- Hate and social intolerance. Users shall not post or distribute content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
- Illicit drugs and drug paraphernalia. Users shall not post or distribute content that displays illegal drugs or the paraphernalia used for them.
- Language. Users shall not post or distribute content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
- Pornography. The Site is not a place for erotica or adult content that crosses the line from art into pornography. We understand that our users may be interested in all varieties and types of images that may include nude figures and affectionate activity. These are legitimate subjects of artistic portrayal. However, under no circumstances shall users post or distribute X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.
- Violence. Users shall not post content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
- Other harmful or offensive materials. Users shall not post content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal. We reserve the right to finally determine the appropriateness of all images posted to our site.
- Misrepresentation. Users may not falsely state or otherwise misrepresent their affiliation, or affiliation of their content, with any other person or entity in any way.
- Commercial activity. Users shall not post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations.
The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines.
User Content Rights
You retain ownership rights to any images you upload, post, or otherwise transmit to the Site ("Image Content"). We will only use your Image Content for the purpose of processing and fulfilling your orders. However, if you upload, post or otherwise transmit non-image User Content like reviews or comments, we reserve the right to use such non-image User Content in any manner we deem appropriate, including in our marketing materials. We reserve the right to preserve and/or disclose any and all User Content (including Image Content) if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect the rights of Metaverse Corporation, its users or the public.
Access to Uploaded Images
MyPictures is NOT an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded images. The images you upload will be accessible to you on the Site for periods ("Accessibility Periods") in accordance with the following terms:
Images Uploaded via the Website
- For an image that is uploaded, but for which Services have not yet been purchased ("Unpurchased Image"), such Unpurchased Image will be accessible to you on the Site for thirty (30) days from the date the image was uploaded or the last date you returned to the Site to modify, update, or otherwise interact with such image, whichever period is longer.
- For an image that is uploaded and for which Services have been purchased ("Purchased Image"), such Purchased Image will be accessible to you for ninety (90) days from the date of the purchase (or repurchase). If during the ninety (90) day period, you return to the Site to modify, update, or otherwise interact with such Purchased Image, the image will be accessible to you either for the time remaining on your ninety (90) day "Accessibility Period" or for an additional thirty (30) days from the date of any such interaction, whichever period is longer.
Disclaimer of Warranties
THE SITE AND SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "As available" basis without warranties of any kind, express, or implied. To the fullest extent permissible by law, WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that use of the site and the services AND products is at your sole risk. You understand that it is your sole responsibility to back up your Content.
Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, OR DATA, RESULTING FROM ANY USE OF THE SITE AND/OR THE SERVICES AND PRODUCTS (REGARDLESS OF WHETHER WE SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE), IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE USE OF THE SITE AND/OR THE SERVICES AND PRODUCTS EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO USE OR ACCESS THE SITE AND/OR THE SERVICES AND PRODUCTS.
Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
By using the Services and Products, you agree to defend, indemnify and hold harmless Metaverse Corporation and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, "Metaverse Corporation") from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney's fees)(together, "Indemnification Costs") related to any action, suit, claim or proceeding made, brought or threatened by a third party against Metaverse Corporation arising out of or in connection with any content you upload, post, or otherwise transmit on or through the Site.
Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.
Subject to Change without Notice; Severability