The following terms and conditions govern all use of the Piccsy.com website and all content, services and products available at or through the website, including, but not limited to, HelloKisses.com and Dressir.com (taken together, the Website). The Website is owned and operated by Groundwave Media Group, Inc. (.Piccsy.). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies procedures that may be published from time to time on this Site by Piccsy (collectively, the .Agreement.).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Piccsy, acceptance is expressly limited to these terms.
If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Piccsy may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Piccsy liability. You must immediately notify Piccsy of any unauthorized uses of your account or any other breaches of security. Piccsy will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate an account, comment on an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, .Content.), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that
By submitting Content to Piccsy for inclusion on your Website, you grant Piccsy a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Piccsy will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Piccsy has the right (though not the obligation) to, in Piccsys sole discretion
Piccsy has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material.s content, use or effects. By operating the Website, Piccsy does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Piccsy disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Piccsy.com links, and that link to Piccsy.com. Piccsy does not have any control over those non-Piccsy websites and webpages, and is not responsible for their contents or their use. By linking to a non-Piccsy website or webpage, Piccsy does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Piccsy disclaims any responsibility for any harm resulting from your use of non-Piccsy websites and webpages.
As Piccsy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Piccsy.com violates your copyright, you are encouraged to notify Piccsy in accordance with Piccsys Digital Millennium Copyright Act (.DMCA.) Policy. Piccsy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Piccsy will terminate a visitor.s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Piccsy or others. In the case of such termination, Piccsy will have no obligation to provide a refund of any amounts previously paid to Piccsy.
This Agreement does not transfer from Piccsy to you any Piccsy or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Piccsy. Piccsy, Piccsy, Piccsy.com, the Piccsy.com logo, and all other trademarks, service marks, graphics and logos used in connection with Piccsy.com, or the Website are trademarks or registered trademarks of Piccsy or Piccsy.s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Piccsy or third-party trademarks.
Piccsy reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Piccsy may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Piccsy may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Piccsy.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided as is Piccsy and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Piccsy nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
In no event will Piccsy, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for
You represent and warrant:
You agree to indemnify and hold harmless Piccsy, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys. fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Piccsy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Piccsy, or by the posting by Piccsy of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (.JAMS.) y three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys. fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties. original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Piccsy may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.