1/31/2007 | Effective Date:
In this agreement the words PicFights, PF, and NSI may represent NetStar Interactive LLC, the
parent company of PicFights.com in which it is owned and operated by.
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without prior notification. Such modifications shall become effective immediately upon the posting thereof. It is your responsibility to review this document on the regular basis to keep yourself up to date on any changes that may occur.
You understand that all messages, comments, postings, text, files, images, pictures, videos, sounds, or other materials ("Content") transmitted through, or linked from the PicFights website, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for each individual item of Content that you post, send, email, or otherwise make available via PicFights. You understand that PicFights does not control, and is not responsible for Content made available through the service, and that by using the service, you may be exposed to Content that is offensive, indecent, or otherwise objectionable. You agree that you bear all risks associated with, the use of any Content, and that under no circumstances will PicFights be liable in any way for any Content of any kind transmitted via PicFights. You understand that PicFights has the right (but not the obligation) in its sole discretion to reject or delete any Content that is available via the PicFights website, for violating the TOU or for any other reason.
You agree NOT to post, upload, email, private message, comment, or otherwise make available Content:
a) that is unlawful, harmful, threatening, harassing, abusive, defamatory, offensive, explicit or of obscene nature;
b) that is pornographic or depicts a person engaged in actual or fictitious sexual conduct including, but not limited to (i) sexual intercourse, including any sexual activity involving contact to the genitals, or (ii) bestiality, or (iii) masturbation, or (iv) exposure of private genitals, including penis, vagina, anus, or breast, or (v) sadistic or masochistic abuse;
c) that harasses, degrades, intimidates, threatens, or is hateful toward an individual or group of individuals on the basis of race, ethnicity, religion, gender, age, sexual orientation, or disability;
d) that impersonates any person or entity, including, but not limited to a PicFights or NSI employee, or an affiliated company of PicFights, or a member or non-member of PicFights;
e) that includes personal or identifying information about another person without that person's explicit consent;
f) that constitutes or contains "affiliate marketing," "link referral code," "spam," or unsolicited commercial advertisement;
g) that "phish" or attempt to gain control over another members account.
Additionally, you agree not to:
h) contact a member who has asked not to be contacted;
i) "stalk" or otherwise harass a member;
j) repeatedly send the same or similar message to a member with intent to harass or disrupt their service;
k) collect personal information about a member to use for commercial or unlawful purposes;
l) use automated applications such as spiders, robots, crawlers, data mining tools, or any application that automatically downloads from PicFights - unless expressly permitted by PicFights;
m) attempt to gain unauthorized access to a members account, computer, or the PicFights service including, servers, employee restricted areas, or affiliate control panels;
n) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the service or PicFights website.
6. NO SPAM POLICY
You understand and agree that using your PicFights account to send or post unsolicited advertisements is expressly forbidden by these TOU, and may result in the termination of said account.
7. PAID PREMIUM MEMBERSHIPS
PicFights charges a monthly fee for Premium Memberships. You understand and agree that if you upgrade your account to a Premium Membership your credit card will be charged of said amount until you cancel your Premium Membership. All fees are non-refundable.
8. TERMINATION OF SERVICE
You agree that PicFights, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any Content within the service, for any reason, including, without limitation, if PicFights believes that you have acted in violation of the TOU. Further, you agree that PicFights shall not be liable to you or any third party for any termination of your access to the service. Further, you agree not to attempt to use the service after said termination.
You agree to indemnify and hold PicFights, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, send, or make available via the PicFights service, your use of the service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. GENERAL INFORMATION
The TOU constitute the entire agreement between you and PicFights and govern your use of the service, superseding any prior agreements between you and PicFights. By using PicFights in any way, you are agreeing to comply with these TOU.
If you have any questions regarding this agreement please contact us.