Picearn.com Terms of Use Agreement May 2, 2008 PICEARNS ("picearn" or "we") operates picearn.com (the "Site"), which is an image and video sharing service that allows Users (as defined in the following paragraph) to store images and videos and share them across the internet and create unique personal profiles online. picearn allows Users to upload images and videos and associate them with a unique URL to create online access to the images and videos for themselves and others, on the site and on other websites where a User posts the URL ("the quick link feature"). The services offered by picearn include the Site, image and video sharing (including the quick link feature), other features (for example, image editor, links to partner providers), and any other features, content, mobile services, picearn branded URLs or applications offered from time to time by picearn in connection with picearn's business (collectively, the "picearn Services")

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the picearn Services. Use of the Site is also governed by the picearn Privacy Policy, which is incorporated into this Agreement by this reference. By using the picearn Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Site, including through a mobile device, or otherwise use the picearn Services without being registered) or you are a "Member" (which means that you have registered with picearn). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the picearn Services, including materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Site and discontinue use of the picearn Services immediately. If you wish to make use of the picearn Services, read this Agreement and reaffirm your acceptance during the registration process.


This Agreement includes picearn's policy for acceptable use of the picearn Services and Content (as defined in Section 6.1 below) posted on or through the picearn Services and your rights, obligations and restrictions regarding your use of the picearn Services and Content posted on or through the picearn Services. In order to participate in certain picearn Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from picearn. Unless otherwise provided by the additional terms and conditions applicable to the picearn Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info @ picearns.com, Subject: Terms of Use Agreement.


Picearn may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by picearn on the Site. Your continued use of the picearn Services after picearn posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through the picearn Services and that you make available directly or indirectly to other Users. Your picearn profile and any Content that you upload to picearn may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other picearn Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and picearn assumes no responsibility or liability for this material. If you become aware of misuse of the picearn Services by any person, please click on the "Report Offensive Material" link on the image view pages.


picearn reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the picearn Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. picearn expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the picearn Services if picearn determines, in its sole discretion, that you have violated this Agreement or pose a threat to picearn and/or its Users. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.