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Terms and Conditions of Use
PictureTrail.com, hereafter referred to as PictureTrail,
allows its registered members to create online
photo albums by uploading image files to Picturetrail
servers. As a PictureTrail member you agree
to receive periodic emails from Picturetrail
containing information about new features and
service options and/or periodic information
about special promotions.
PictureTrail is not responsible for content
posted by PictureTrail members. PictureTrail
does not verify or endorse any content posted
by its members. Picturetrail is not responsible
for the delivery or quality of any goods or
services that are advertised by its members
on PictureTrail. If you believe that any of
the content posted by PictureTrail members or
visitors violates your proprietary rights including
copyrights please report it by clicking on the
Contact Us link on the PictureTrail homepage.
As a PictureTrail member you are solely and
fully responsible for any content posted by
you or visitors to your PictureTrail account.
Although we review member account content on
a spot check basis we cannot establish nor guarantee
the legal nature of any such content. We prohibit
the posting of the following content in any
member account:
- nudity,
pornography, and sexual material of a lewd,
lecherous or obscene nature or intent or that
violates local, state or national laws.
- any
material that violates or infringes in any
way upon the proprietary rights of others
including, without limitation, copyright or
trademark rights.
- any
material that is threatening, abusive, harassing,
slanderous, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane,
indecent, or otherwise objectionable including
posting private information belonging to or
about other individuals.
- content
that promotes, encourages, or provides instructional
information about illegal activities.
- hate
propaganda or hate mongering, swearing, or
fraudulent material or activity.
By
submitting your photos to PictureTrail, you
represent that the photos, titles and descriptions
comply with the Terms and Conditions of Use
set forth in this section. If any third party
brings a claim, lawsuit or other proceeding
against PictureTrail based on content you post
on PictureTrail, you agree to compensate PictureTrail
including its officers, directors, employees
and agents for any and all losses, liabilities,
damages or expenses including attorney's fees
incurred by PictureTrail in connection with
any such claim, lawsuit or proceeding.
PictureTrail
is the final arbiter of what is allowed and not
allowed on the PictureTrail website. If a portion
of the content in an account is found to be in
violation of the Terms
and Conditions of Use set forth in this section,
the entire account may be removed. If the account
is a paid Premium account, there will be no refunds
for accounts that have been deleted due to violation
of the PictureTrail Terms
and Conditions of Use set forth in this section.
PictureTrail
reserves the right to modify or remove any content
in a member account or to delete a member account
at any time without prior notice if that account
violates the Terms
and Conditions of Use set forth in this section.
PictureTrail
is not responsible for any financial or personal
loss to members using their PictureTrail accounts
for business or any other purpose for any reason
including but not limited to server down situations
and accidental or willful deletion of member accounts
and/or contents of said accounts.
Images stored on PictureTrail servers are for
online photo sharing purposes and not meant for
permanent or temporary archival purposes. Therefore,
Picturetrail is not obligated to maintain back-up
copies of any material submitted or posted on
PictureTrail; this policy applies to free basic
accounts as well as to paid Premium accounts.
PictureTrail is not responsible or liable for
any monetary losses incurred by members using
their accounts for either personal or business,
marketing or any other commercial purpose for
any reason including but not limited to server
malfunction, server crashes or software related
problems.
New PictureTrail members are assigned a free Intro
Account. After 31 days, they are switched
to the free Basic Account if they have not already
upgraded to the Premium account level. Free Basic
accounts are eventually phased out from the system
if not upgraded to the paid Premium level.
Payment Terms for Premium
Account level
The paid Premium account period commences on the
date the member upgrades to the Premium account
level. The initial one year period of the Premium
account may be extended anytime during the Premium
account period by clicking on the Renew Now link
on the Account Status page in the members area.
Premium accounts will be automatically renewed
on the premium expiration date for an additional
year at which time the Premium account fee will
be automatically charged to the member's credit
card on file. If a PictureTrail member prefers
the autorenew setting disabled, the member must
write PictureTrail and the staff will disable
autorenew on the requested account. If payment
is made by non-credit card means (check or money
order) or if autorenew is disabled on the account,
a billing reminder will be sent to the email address
registered on the account.
In order to terminate the Premium account the
member must click on the Contact Us link in the
members area and submit a Premium account cancellation
request. There will be no refunds on paid Premium
account memberships for any reason including but
not limited to early cancellation, accidental
deletion of photos, albums or accounts due to
server malfunction, server down occurrances, server
crashes or problems with software running on the
servers.
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