TERMS

Whether you are an account holder having a WinPic Application, or a guest viewing content on the Service, or viewing content embedded in the other site, your use of the Service is subject to these TOS. WinPic. reserves the right to update and change the TOS from time to time without notice or acceptance by you. The TOS will also be applicable to the use of the Service on an unregistered trial basis. By using the Service, you signify your irrevocable acceptance of these TOS.  If you breach or violate any of these TOS, your authorization to use the Website and the Service will automatically terminate.

Please note that your use of the Website and Service is also subject to WinPic Privacy Policy.  By using the Service, you signify your irrevocable acceptance of the Privacy Policy. You can review the most current version of the Privacy Policy by clicking here at any time.

REGISTRATION

Persons under 13 years of age are required to have a parent or guardian review and complete the registration process.

You are responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify WinPic. of any unauthorized use of your account or any other breach of security. WinPic. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WinPic. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WinPic. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

CANCELLATION AND TERMINATION

You agree WinPic., in its sole discretion, may terminate your Account (including user name, password, payment information, etc.), and remove and discard any User Project or Content within the Service if WinPic. believes that you have violated or acted inconsistently with these TOS.  Any contracts, verbal or written or assumed, in conjunction with your deleted User Project or Content therein (as applicable) and all its parts, at WinPic discretion, will be terminated as well. WinPic. may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice. In such an event, WinPic. reserves the right to bar you or your Guest from any further access to Content, information files or the Service. You agree that WinPic. shall not be liable to you or any third-party for any such termination of your access to the Service, User Project or Content.

OWNERSHIP OF ACCOUNT AND SECURITY

You are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account. You agree to immediately notify WinPic. of any unauthorized uses of the Account or any other breaches of security. WinPic. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will WinPic. be liable, in any way, for any acts or omissions by an Account Holder.

CONTENT

The content that you distribute through WinPic is owned by you, and you give WinPic permission to display and distribute said content on the WinPic website. You may revoke this permission at any time by requesting your content to be removed by contacting WinPic. WinPic will not sell or distribute your content to third parties or affiliates without your permission.

All uploaded content is copyrighted to its respective owners. WinPic directs full legal responsibility of said content to their respective owners. WinPic is not responsible for any uploaded content, nor is it in affiliation with any entities that may be represented in the uploaded content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WinPic. be liable in any way for any Content, 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, transmitted or otherwise made available via the Service.

You acknowledge that WinPic. does not pre-screen Content, but that WinPic. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, WinPic. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by WinPic. in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions, which may be stipulated in a End-User License Agreement separate and in addition to the TOS, before you use such software.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, rules and regulations regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Website Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WinPic, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website Materials are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WinPic. reserves all rights not expressly granted in and to the Website and the Website Materials. You agree to not engage in the use, copying, or distribution of any of the Website Materials and User Content other than expressly permitted herein, for any commercial purposes. If you download or print a copy of the Website Materials or any User Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Materials or User Content, or enforce limitations on use of the Website or the Website Materials or User Content therein.

RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WinPic.

GENERAL PRACTICE AND STORAGE

You acknowledge that WinPic. may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.

MODIFICATIONS TO SERVICE

WinPic. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that WinPic. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

WinPic designated Copyright Agent to receive notifications of claimed infringement is: [Name], [Address], email: [email], fax: [fax #]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to WinPic. customer service through support@WinPic.com. You acknowledge that if you fail to comply with all of the requirements of this Section 19, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content or User Project that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Project, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Jose, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, WinPic. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WinPic sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WinPic. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WinPic. WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WinPic. IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WinPic. DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WinPic. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WinPic. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

VIOLATIONS

Please report any violations of the TOS to support@WinPic.co