Terms and conditions

Picture Penzance Terms and Conditions

TERMS OF MEMBERSHIP.

To remain a member of Picture Penzance Free Service you must remain in "Good Standing" Good Standing is defined as:

(i) Complying with the below mentioned terms

(ii) At least 1 visit to your Picture Penzance account every 365 days.

(iii) At least 1 photo or video upload and album update every 365 days.

1.  UNACCEPTABLE CONTENT.

Picture Penzance is a service for storing, sharing and printing personal photos and videos. Picture Penzance will delete your account along with all images without prior notice if you use Picture Penzance for the following:

a. COPYRIGHTED MATERIAL Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

You represent and warrant that you own or otherwise control all of the rights to the Media that you post; that you have received all proper permissions and/or releases relative to all media that you post; that use of the Media you store in any public album does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify Picture Penzance for all claims resulting from Media you supply. Picture Penzance has the right but not the obligation to monitor and edit or remove any activity or Media. You understand and agree that Picture Penzance takes no responsibility and assumes no liability for any Media posted by you or any third party.

In other words, if you post photos, videos or other media, you agree that you own the rights to the media or have permission to post them, and that you are not violating the rights of another photographer, producer etc.

b. PORNOGRAPHY: To store and/or display pornography or sex-related images of any kind. It is Picture Penzance sole discretion what constitutes pornography. Photo Galleries displaying or storing pornography will be deleted.

c. COMMERCIAL USE: To store and/or display photos and videos for commercial use without prior written consent from Picture Penzance. This includes, but is not limited to photos and videos for auction or sales purposes. (for example: eBay, Amazon etc.)

d. NON-PHOTO IMAGE DISTRIBUTION: To store and/or display non photo images for distribution; this includes, but is not limited to; game screen captures, movie screen captures, wallpapers, tags, anime, animated .gifs, buddy-icons, avatars, emoticons, and signatures (sigs).

e. HATE: Blatant expressions of bigotry, racism, hatred, or profanity;

f. ILLEGAL ACTIVITIES: Promotion or display of instructional information supporting illegal activities; this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties;

g. ILLEGAL MATERIALS Anything illegal including, but not limited to, illegal software, warez or hacked software, serial numbers, mail fraud, or pyramid schemes;

h. PHYSICAL HARM: Promotion of physical harm or injury against any group or individual;

i. DEFAMATORY: Material insulting or that could be considered defamatory or libellous, to other persons, institutions or companies;

j. EXPLOITATION OF CHILDREN: Material that exploits children;

k. COLLECTION OF PERSONAL INFORMATION: Material which attempts to collect personal information about users;

2.  ACCOUNT ACTIVITY. Your account should be active - that is, it is either receiving visitor traffic or is being updated/posted to on a regular basis. Sites that either receive no visitor traffic or are not updated for a period of 365 days will be considered 'inactive' and may be removed by Picture Penzance to make room for other users.

3.  HOTLINKING IMAGES & VIDEOS. Please note you cannot link directly to photos ("hotlinking"). You may link to the pages in your Picture Penzance site and use any of the linking code provided by Picture Penzance, but you cannot directly insert, or link directly to, the photos or videos themselves. Should you attempt to hotlink photos or videos you will see the Picture Penzance logo instead. Accounts that are determined to be in violation of this condition shall be subject to suspension and/or removal, at the sole discretion of Picture Penzance.

4.  ALLOWABLE PHOTO & VIDEO FILETYPES. The following types of image files are allowed in your account:

o   .gif (CompuServe Graphics Interchange format)

o   .jpg/.jpeg (JPEG format)

o   .png (Portable Network Graphics format)

o   .tiff (Tagged Image File Format)

The following types of video files are allowed if your account is authorised to upload them:

o   .mov (Quicktime movie file format)

o   .avi (Audio Video Interleaved format)

o   .wmv (Windows Media Video format)

o   .mpeg (Moving Picture Experts Group format)

o   .mpg (Moving Picture Experts Group format)

o   .mpg4 (Moving Picture Experts Group format)

Any other files located by Picture Penzance will be automatically deleted.

5.  A. PHOTO FILE SIZE RESTRICTIONS  The maximum individual file size is 4MB. Any individual photos exceeding this limit located by Picture Penzance will be automatically deleted.

B. VIDEO FILE SIZE RESTRICTIONS  The maximum individual file size is 100MB. Any individual videos exceeding this limit located by Picture Penzance will be automatically deleted.

6.  CONTENT LANGUAGE. The textual content of your account must be entirely or predominantly in one of the following languages: English, Spanish, German, Italian, French, Dutch, Flemish, Norwegian, Portuguese, Catalan, Danish, Swedish or Finnish. Accounts that do not satisfy this criterion may be removed at Picture Penzance discretion.

7.  ACCOUNT INFORMATION. As consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services. We do not share your information with third parties in an attempt to monetize your information through advertising, Spam, or other devices that would compromise your trust in Picture Penzance. By submitting to this Agreement, you represent that the statements you have made herein are true and you will not use our Services for any unlawful purpose. Please read our Privacy Statement.

8.  CANCELLATION. If you would like to delete your Picture Penzance account, you need to send an email from the email address used to create your Picture Penzance account by using the contact us button on the home page requesting that we delete your account for you. Once you have cancelled your account, all images and content uploaded to your Picture Penzance account will be deleted and will no longer be available.

9.  TERMINATION  Picture Penzance may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Picture Penzance elsewhere on the Site, (ii) conduct Picture Penzance believes is harmful to other Picture Penzance users, the business of Picture Penzance, Affiliates, or (iii) failure to remain a Member in Good Standing. Picture Penzance will not be liable to you or any third-party for any termination of your access to the Service.

10. SECURITY. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

11. COUNTRY OF ORIGIN. Picture Penzance reserves the right to restrict access to our servers from areas of the globe with a high level of abusive activity. These areas change periodically based on the origins of this inappropriate activity. The current restriction applies to Belarus, Bosnia-Herzegovina, Bulgaria, China, Egypt, Hong Kong, Indonesia, Japan, Malaysia, Moldavia, Morocco, Pakistan, Philippines, Romania, Russian Federation, Saudi Arabia, South Africa, South Korea, Taiwan, Thailand, Turkey, Ukraine, United Arab Emirates, Vietnam, and Yugoslavia.

12. CUSTOMER CONDUCT. You are solely responsible for the contents of your transmissions through Picture Penzance. Your use of the Picture Penzance service(s) is subject to all applicable local, state, national and international laws and regulations. You agree:

a. To comply with UK law regarding the transmission of technical data exported from the United Kingdom through Picture Penzance;

b. Not to use Picture Penzance for illegal purposes;

c. Not to interfere or disrupt networks connected to Picture Penzance;

d. Picture Penzance reserves the right to not honour any transactions that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, hidden frames, or account duplication to defraud Picture Penzance for Goods and Services. Multiple Leads from the same individual, entity or IP address may be considered non-bona fide Transactions.

e. To comply with all regulations, policies and procedures of networks connected to Picture Penzance. You agree not to transmit through Picture Penzance service(s) any unlawful, harassing, libellous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another customer's use and enjoyment of Picture Penzance service(s) or another entity's use and enjoyment of similar services. Picture Penzance may, at its sole discretion, immediately terminate your service or any agreement with us should your conduct fail to conform to these terms and conditions.

f. Creating multiple accounts for the soul purpose of manipulating, polls, discussion and topic to the advantage of the original account holder, or an associate will result in the immediate ban of all accounts

13. ACTIONS TAKEN BY Picture Penzance. Your failure to meet or follow any of the Terms and Conditions set forth by Picture Penzance is grounds for account deactivation. Picture Penzance will be the sole arbiter as to what constitutes a violation of its Terms and Conditions. Picture Penzance reserves the right to remove any account without prior notice. When Picture Penzance becomes aware of an alleged violation of its Terms and Conditions, Picture Penzance will initiate an investigation. During the investigation, Picture Penzance may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Picture Penzance may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offence, Picture Penzance will notify the appropriate law enforcement authorities of such violation. Should such violation take place, Picture Penzance retains the right to communicate personally identifiable information to other interested parties in connection with law enforcement operations.

14. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the announcements section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail as per the announcements section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes.

To help you track the changes to our Terms and Conditions, the date of the material changes to our Terms and Conditions will be noted here, December 23^rd 2015.

15. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

16. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products and services offered by Picture Penzance or 3rd Parties or other information to add security or to enhance your identity on the Internet. By accepting these Terms and Conditions and by using Picture Penzance Services you agree to receive these communications.

17. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred (£100.00) Pounds sterling.

18. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including solicitor's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of our Services to you.

19. DISCLAIMER OF WARRANTIES. You agree and warrant that the information that you provide to us to register for our Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim 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. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the our e-mail, gallery or forum service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our e-mail, gallery or forum 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 such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail, gallery or forum service. No advice or information, whether oral or written, obtained by you from us or through the e-mail, gallery or forum service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

20. CONTENT COPYRIGHT. All media and related content uploaded to Picture Penzance are copyright of their owners. All other content is copyright (c) 2011, Picture Penzance. Picture Penzance will not share your images unless instructed by you. Please note, when you share or make publicly viewable a photo album, you allow recipients and viewers of that album to access and make photographic prints from the images contained in that album.

21. CONTENT LICENSING. By submitting content to Picture Penzance Picture Penzance service, you grant Picture Penzance a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, and distribute such content, for the limited purposes of publishing and promoting the user's content in connection with the Picture Penzance service. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with Picture Penzance. In the event that such membership is terminated, Picture Penzance will relinquish all rights to the user's Content.

This means, when you upload content to Picture Penzance servers, you are granting Picture Penzance permissions to make your content available on the web.

22. REVOCATION. You agree that we may terminate your right to use our Services if the information that you provided to register for our Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material.

23. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to host your photos and/or videos or register you for other Services. You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your photos and/or videos or register you for other Services.

24. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

25. NON-AGENCY.  Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

26. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

27. NOTICES.  Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when the sender has obtained an electronic confirmation of delivery. E-mail notice shall be sent to you at the e-mail address you have provided in your registration application or as updated from time to time.

28. ENTIRETY. You agree that this Agreement and the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.  

29. INFANCY. You attest that you are of legal age to enter into this Agreement.

30. USE OF PRIVATE ALBUMS. 
By creating a private album you agree to upload only images that you own. Picture Penzance will not authorise members to connect pictures or text to other website outside of the Picture Penzance website, whether by text, hypertext, bbcodes, Java, scripts or any other forms. Any images uploaded to private galleries that contain messages, watermarks, web addresses, email address or contact details will be removed without notice. Images will be removed without notice and at the sole discretion of Picture Penzance of drunk's, drug promotion, dangerous or illegal activities, children at risk, nudity, sexual activities, unsuitable environments, such as but not limited to, public lavatories, changing areas, inside Schools and colleges. Please note that this list is not exhaustive. Members who break this rule will have their membership terminated.

31 TOP SITES. Before a site can appear on our topsite list, we review it for quality. If your site does not meet our quality standards, it will not be accepted. Excessive banner or popup ads, lack of content and slow load times are some of the reasons your site may not be added. Top sites are limited to two (2) website entries per members account. IP addresses are logged and members attempting to exploit this will have their membership suspended.

a. Only English sites will be accepted. Non-English sites will only be accepted if there is an English version, and the English version is the URL used for the topsite account.

b. Descriptions are not allowed in the title field. All caps or capitalizing every word is not allowed. No false or fabricated titles or descriptions. Titles and descriptions may not be longer than their assigned character limit. We reserve the right to edit, change or delete titles and descriptions at any time

c. We cater to family-friendly lists only. Any listings in topsites that don't comply with conditions: 1, 1a, 1b, 1c, 1d, 1e, 1f, 1g, 1h, 1i, 1j and 1k will be deleted and the users account suspended without notice.

d. Topsites must not contain spam or excessive profanity, and may not focus on any illegal or offensive topics including violence, hate, hacking, warez, porn, drugs, gambling, weapons, alcohol or tobacco.

e. Topsites should not be used or contain ad units or popups of any type may be added to a topsite. Also topsites may not be used in conjunction with autosurf, traffic packages or any automated access.

f. Picture Penzance topsite cannot be held responsible for the content on the sites in which we advertise. You browse our listings and follow links to these sites at your own discretion. It is up to you as visitor and/or consumer of the site you visit to perform your own investigation of the business. The relationship between the websites/companies listed and Picture Penzance topsite is for the sole purpose of advertising. We never have and never will monitor content and/or claims made by such websites.

32. ACCEPTANCE OF AGREEMENT.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. 
 ©Picture Penzance Note: Picture Penzance is a free service. The following conditions are enforced to ensure the trouble free operation of the website for everyone. Members that violate these terms will have their Photo Albums deleted and account removed without prior notices. Keep a backup copy of all of your photos on your local computer. We hope you enjoy using Picture Penzance.