picBox Terms of ServiceIf someone else might own the copyright to it, don't upload it. Don't upload gore, child pornography, anything that looks like advertising, solicitations, "hate speech" (i.e. demeaning race, gender, age, religious or sexual orientation, etc.), or material that is threatening, harassing, defamatory, or that encourages illegality. Don't hotlink to such content, or to file-sharing or torrent sites. Don't be a troll or a jerk. Don't impersonate someone else. If you do (and we will be the judge), or if you do anything illegal, in addition to any other legal rights we may have, we will ban you along with the site you're hotlinking from, delete all your images, report you to the authorities if necessary, and prevent you from viewing any images hosted on picBox and its affiliates. We mean it. YOU WILL RETAIN THE COPYRIGHT TO ALL IMAGES YOU UPLOAD, AND MAY REMOVE THEM FROM THE SITE WITHOUT NOTICE WHENEVER YOU WISH.By uploading a file or other content or by making a comment, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. You grant picBox a non-exclusive, royalty- free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any file or other content you upload to our servers.By downloading a file or other content from the picBox site, you agree that you will not use such file or other content except for personal, non-commercial purposes, and you may not claim any rights to such file or other content, except to the extent otherwise specifically provided in writing.
NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT
If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:Identification of the copyrighted work or works claimed to have been infringed;Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL or other information to enable us to locate the material;A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law;A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.Your physical or electronic signature, or of someone authorized to act on your behalf;Instructions on how we may contact you: e-mail.Our agent to receive such notifications of claimed infringement is Kevin Smith. Email: kevin[at]muny.usUse the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA notice and remove something you posted anonymously, we will have no way of notifying you, so you will have to contact us if you think that may have happened. Keep in mind that we reserve the right to remove any content at any time whether or not it infringes or violates any of our policies.If you find anything that violates the Terms of Service, please report it to kevin[at]muny.us.
Disclaimer of Warranties, Limitations of Remedies, Indemnity
Although of course we strive to make PICBOX as dependable as possible, picBox's services are provided on an AS IS ? WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of files on, our servers. Whether we make backups, and if so whether restoration of those backups will be available to you, is at our discretion. PICBOX DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER PICBOX TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, PICBOX HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. PICBOX DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON PICBOX THAT IS NOT PRODUCED BY PICBOX, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.PICBOX'S liability for the loss of any services and/or of any images or other data you may have stored on picBox's service is limited to a refund of the cost, pro-rated if applicable, of the most recent month of service (if you have paid for a picBox Pro subscription). Otherwise, your sole remedy is to discontinue the use of our service. PICBOX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, picBox's SERVICES, EVEN IF PICBOX HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF PICBOX's SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT ACCRUES. YOU WILL INDEMNIFY AND HOLD PICBOX AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY' RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.