Welcome to SlickPic by IQ Logic, Inc. IQ Logic, Inc. ("SlickPic" or “SLICKPIC” or "we") operates SlickPic.com (the "Site"). We are an enthusiastic and devoted group of photographers committed to designing an easy to use online photo service to suit all types of people. Our goal is to provide you the best online photo experience.
A. What SlickPic does:
- We provide web site photo and video hosting and sharing services under our SlickPic brand. Our service is comprised of the Digital Online Photo Sharing Website, www.SlickPic.com and derivative sites (the "Site") and SlickPic software ("Software"), collectively called "SlickPic" or "the Service".
B. What you do:
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The provisions of this Agreement will inure to the benefit of and be binding upon SLICKPIC and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of SLICKPIC, which may be withheld in SLICKPIC's sole discretion. SLICKPIC and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
Any rights not expressly granted by this Agreement are reserved to SLICKPIC.
Membership in the Service is void where prohibited. This Service is intended solely for users who are eighteen (18) years of age or older, and you must submit certain requested information to SlickPic including your correct email address. By using the Service you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if SlickPic believes that you are under 18 years of age. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
3. THE SLICKPIC SERVICE
The Service consists of the features, products, functions, services, and content provided by SlickPic, as well as the features, products, functions, services, and content provided by third parties through the Site.
SlickPic provides you with the capability to create and manage online photo, audio and video albums via the World Wide Web (the “Service”). The photo and video clips in the albums are digital images and video provided by you.
We provide various digital media and creativity related web applications, sharing features, forums, shopping services, photo retouching services, personalized content and other features, products and services through these websites (which, along with the websites, are collectively referred to as the "Service").
We provide you with a copy of our SlickPic client software for use on your own mobile devices, which you are free to copy as many times as you like for your own personal use. SlickPic continually improves the SlickPic client software and the Site and you are entitled to those improvements for as long as you maintain your membership. As part of the service, SlickPic stores copies of your digital photos, video clips and other photo album information on its computer servers and those of third party partners.
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and SlickPic is not liable to you for any temporary interruption in Services.
In order to use the Service, you must be able to access the Internet. This may include access to a computer, modem or any other necessary equipment. SlickPic does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access.
4. YOUR USE OF THE SERVICE
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by SlickPic to access to Service, we grant to you a nonexclusive, non-transferable, non-sublicensable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of SlickPic or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of SlickPic. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.
While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Sections 20 and 21 below:
You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) to comply with all regulations, policies and procedures of networks connected to the Service;
In addition, by way of example, and not as a limitation, you agree not to use the Services or the Site to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Attempt to upload images by any method to another user's account without permission;
- Access or use (or attempt to access or use) another user's content without permission;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
- "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.SlickPic.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
- Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.
- Access, tamper with, or use any non-public areas of the Services or SlickPic's computer systems or the technical delivery systems of SlickPic providers;
- Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
- Access and save other users’ images and files from your browser cache;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- Misuse system resources including, but not limited to, employing content or which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on SlickPic servers.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the SlickPic Services or SlickPic’s systems or networks connected to the SlickPic Services, or otherwise interfere with or disrupt the operation of any of the SlickPic Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- Impersonate or misrepresent your affiliation with any person or entity.
- SlickPic reserves the right to close accounts which are shared with other people including shared and embedded photos, videos, photoblogs, etc.
- Advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Promote or sell Content of another person.
- Sell or otherwise transfer your account.
- Send or transmit unsolicited advertisements or content ("Spam") through the Services, whether via comments, messages, notes, forum, blog, following, e-mail, or any other communication channel.
- Exploit FREE accounts for any commercial purposes, any use of or access to the Licensed Content and/or SlickPic Services including, but not limited to, marketing, link building and SEO (Search Engine Optimization),
- FREE and Free Trial account users: To advertise or sell any products or services, or to use SlickPic site or services as a tool or to use any information obtained from the Services in order to contact, advertise to, solicit, sell any products or services or to use for purposes of gaining higher rankings from search engines (SEO).
We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms at any time, without notice, without liability and at SlickPic’s sole discretion.
SlickPic, in its sole discretion, may remove any Images, files and other content uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
5. REGISTRATION DATA
If you are required to complete a registration process to enter or use a portion of the Service, you agree (i) to provide SlickPic with accurate, complete and current information; and (ii) to update your information (including your verified email address) to keep it accurate, current and complete. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof.
You may not select a user name that impersonates someone else, is vulgar or offensive, is or may be illegal, may be protected by trademark or other proprietary rights, or may cause confusion. SlickPic reserves the right to reject any user name in our sole discretion.
It is your sole responsibility to ensure that all Registration Information is accurate and complete at all times. If any Registration Information provided by you is untrue, inaccurate, not current or incomplete, SlickPic has the right to terminate your account and refuse you any and all current or future use of the Service.
You agree not to sell or transfer your use of or access to the Service or permit anyone else to use the Service through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify SlickPic of any unauthorized use of your account or any other breach of security. SlickPic will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission.
We will communicate with you via email. SlickPic intends to send regular email updates and occasional promotional offers that may be of interest to you. If you are a paying member, you may opt-out of the promotional mailings at any time upon receipt.
6. MEMBERSHIP (SUBSCRIPTION)
SlickPic provides "Paid Membership" plans with storage space and other features and benefits for a fee. These options and fees are listed on the Plans and Pricing page: http://www.SlickPic.com/page/features. Fees and storage space capacity may be changed at any time without notice. Paid storage plans are monthly or annual and renew automatically until canceled. It is the member's responsibility to keep billing information current to prevent lapses in service.
If you register at the monthly price point and then later upgrade to the yearly price point, we don't refund the monthly payments that you've already made. Upgrading to the yearly plan may either give you an additional 12 months on top of what you've already paid for or the new price will be prorated for a new membership to the remainder of the term.
SlickPic's photo, audio and video storage policy (as provided in these Terms) is designed to let you enjoy your personal photos, audio and/or videos and share them with others for years to come. Except as otherwise provided herein, all photos, audio and videos will be kept in your account until you remove them.
SlickPic may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network, compute and storage resources and to take such technical and other remedies, as we deem appropriate. Your consumption of the Service may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of SlickPic’s customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan of the Service that will permit you to continue to use the Service. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use the Service and any license to use SlickPic’s Software, without prior notice in the event of a violation of this policy.
A condition of SlickPic free account is your "Active Participation" in the Service. Active Participation is defined as logging into your account, uploading content or provide meaningful comments, likes or rate other users photos at least once every six (6) months. If you cease Active Participation for any reason, SlickPic may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, audio, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.
SlickPic free Membership is limited to one per person (of the same or similar name and/or email address). Multiple memberships are prohibited for the free accounts.
Free accounts are for personal use only and only for storage and sharing of personal photos. For business purposes and for storing and sharing business related images please use PRO, Business, or higher level accounts. In addition, there are some limitations on the image and storage size.
FREE accounts may be ad-supported. FREE account may be converted to a paid account at any time with the purchase of a paid subscription. Paid account cannot be converted to a FREE account, except the free trial accounts. Some limitations will apply.
You are solely responsible for your interactions with other SlickPic Members. SlickPic reserves the right, but has no obligation, to monitor disputes between you and other Members.
SlickPic and its affiliates reserve the right in their sole discretion, immediately and without notice, to refuse service, terminate accounts, remove or edit content, and/or cancel orders to any user including, but not limited to, a case when SlickPic believes that user conduct violates applicable laws, disrupts our normal business activities or is harmful to current and future interests of SlickPic and its affiliates. Sale of any goods or services is subject to availability.
6a. FREE TRIALS
Your SlickPic Subscription may begin with a free trial (“Free Trial Period”). If your SlickPic Subscription begins with a Free Trial Period, such Free Trial Period lasts for the time period specified during sign-up. SlickPic is not obligated to offer a Free Trial. A Free Trial Period may not be combined with any other offer(s). You are not eligible to receive a Free Trial Period if: (i) you have previously used a Free Trial Period; (ii) subscribed to SlickPic within the preceding 12 months; or (iii) your email address or part of it has previously been associated with a SlickPic Subscription. At the end of the Free Trial user will have an option to upgrade to a paid account or canceled.
SlickPic periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. SlickPic reserves the right to modify, terminate or otherwise amend our offered membership plans at any time without prior notification.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICES MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.
SlickPic has the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms and any other operating rules established by SlickPic. SlickPic has the right in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on the Service (including public and private content) that it finds to be in violation of these Terms or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on the Service. You acknowledge and agree that SlickPic does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.
9. REPORT ABUSE
10. SALE OF PRODUCTS
Our Service may include the offer for sale of DVDs, prints, greeting cards, calendars, frames, mugs, mouse pads, books and other merchandise which display all or any part of Content that you have provided ("Products"). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products (unless we are the vendor, in which case the terms of purchase we have posted shall apply).
If you are unhappy with any photo product sold by SlickPic, SlickPic will, at its discretion replace the product. Any claims against the quality of the SlickPic photo products must be made within 15 days of receiving the product.
11. TERMS OF IDEA SUBMISSION
Just as SlickPic expects others to respect our intellectual property rights, we are committed to respecting the intellectual property rights of others. In order to minimize the risk associated with receiving ideas outside the Company and to avoid misunderstandings SlickPic or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to SlickPic or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SlickPic's products or marketing strategies might seem similar to ideas submitted to SlickPic. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions:
You agree that: (1) your submissions and their contents will automatically become the property of SlickPic , without any compensation to you; (2) SlickPic may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for SlickPic to review the submission; and (4) there is no obligation to keep any submissions confidential.
12. EMAIL ADDRESS, PASSWORD AND SECURITY OF REGISTRATION INFORMATION
13. YOUR COPYRIGHTS, PHOTO CONTENT AND DATA
You own your photos and videos. You retain copyright and any other rights you already held in your Content before you uploaded, submitted, posted or displayed it on or through the Service. But in order for us to operate you do have to grant the SlickPic a limited license, as described below, so we can make your data accessible and usable on the Service (i.e. just to upload and display your photo on the web we need to have a license to do that).
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not SlickPic, are entirely responsible for all Content that you upload, submit, edit, post, display, share, email or otherwise transmit or make available via the Service.
You acknowledge and agree that SlickPic is not responsible or liable for the pictures, videos, audio, content, and usage of your online photo, audio and video albums. You agree not to store or share through the Service or the Site, or order photo merchandise with; among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, nude, harassing, abusive, harmful or obscene photos, audio, video or information; information on an individual's health status; racist or sexist photos, audio or video; stolen or fraudulent photos, audio or video; photos, audio, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property and privacy rights of another third party; or any otherwise illegal information.
While we respect the artistic integrity of photos, users who post “sensitive” content which is not inappropriate and doesn't fall into any of the categories above, should mark these photos as Restricted. We reserve the right to mark any image in question as Restricted or remove that photo or terminate the account.
We reserve the right to terminate or suspend your license to use the Service and any license to use SlickPic’s Software, with or without a notice in the event of a violation of this or other policies.
SlickPic uses industry-recognized measures to restrict the ability of users and visitors to the Site to make high-resolution copies of Content posted on the Site (Right-Click-Save-Protect). Notwithstanding this, SlickPic makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. SlickPic does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize SlickPic to permit users and visitors to the Site to make such low-resolution copies of your Content. The Right-Click-Save-Protect is an enhanced privacy option is available to BONUS and higher users only should they decide to turn it on.
Right-Click-Save Protect doesn’t prevent experienced users from retrieving photos from browsers’ cache or making screenshots.
If you write a post or comment to a SlickPic album, wall, blog or other interactive services, you understand and agree that anyone with access to the album will be able to access, use and/or disclose any information that you included in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.). In order for the site to operate correctly, these posts or comments may stay even after the termination of membership.
By posting any public or shared content (photos, public audio, public videos, photoblogs, posts, comments, slideshows with audio, etc) on SlickPic, you give SlickPic full permission to publish, display or use this content in any way within the SlickPic website, SlickPic accounts on social media, services, and parent company.
14. PUBLIC CONTENT IN EXHIBIT.
User shall at all times retain all copyright interest in any and all images submitted. SlickPic offers both personal and public photo sharing sites; you can host all your photos privately and choose to submit your photos to the public site (Exhibit, Public Gallery, Public Photo Blog and your Public Profile Page) to promote your content and open it to the public. By adding your Content to the public site you grant SlickPic and its Partners the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other SlickPic owned web-sites, SlickPic accounts on social sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. screen name, photo title if needed, link to the content), and some other accompanying information if any and as appropriate, all as submitted to SlickPic by you. Any use of the images will be solely used in with SlickPic and the website's discretion with no additional compensation owed to User. User shall at all times retain all copyright interest in any and all images submitted.
If User's public photos were already part of the former community pages, exhibit, photoblog, blog, etc., they were grandfathered in and user can always remove his or her photos from the public display, unless SlickPic needs this public content to operate. If you user didn’t remove the content from the public area it’s considered to be an added content.
Public photos and photoblogs are submitted to the Exhibit by the SlickPic curators.
All photos in the SlickPic Exhibit are curated. Certain photos could be blocked from the personal portfolio if they are not suitable for public presentation.
15. UPLOAD TERMS
By uploading any content to SlickPic such as photos, audio videos or other content (the "Content"), you represent and warrant that (a) you own and control or otherwise have the unconditional right to upload the Content to SlickPic and to use and share such Content; (b) you have obtained all necessary third-party rights and permission to upload, use and share such Content, (c) the uploading, use and share of the Content in connection with the SlickPic service does not and will not infringe upon or violate the rights of any third party, including without limitation any copyright, right of privacy or right of publicity, or violate any applicable law, rule or regulation; (d) the Content does not contain any viruses or other code intended to harm or obtain unauthorized access to data.
16. WEB ADDRESSES (URL’S)
As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
17. CALENDAR FEATURE
We may provide you with access to a calendar feature where you can store birthdays, anniversaries, and other key dates and details about friends and family, and we may send you email reminders of the personalized dates you have entered in this calendar. We also provide calendar for setting up photo upload deadlines. We provide you with this feature as a convenience only, but we cannot guarantee that this feature will work accurately in all cases and/or at all times. We are not responsible or liable for any damages caused by your reliance on this feature, use of this feature and/or inability to use this feature.
18. MODIFICATION OF SERVICE
At any time, SlickPic may decide to modify, suspend, alter or terminate Service provided to you for any reason. SlickPic will make any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge that SlickPic reserves this right and agrees that SlickPic will not be responsible for any modification or discontinuation of the Service.
19. TERMINATION OF SERVICE
SlickPic will not be liable to you or any third-party for any termination of your access to the Service.
You may choose to cancel your account with SlickPic at any time. A cancellation initiated by you will be called a voluntary termination.
20. MEMBER TERMINATION OF NO FEE MEMBERSHIP
As a No Fee Account Member, you may terminate this Agreement at any time by cancelling account online at https://www.slickpic.com/settings/subscription/ or sending a message to customer support from the registered email address on file with SlickPic. After receipt of your termination notice, SlickPic. com will terminate your account and may delete all photos, audio, videos, music, credits and any other membership benefits contained therein.
Termination or suspension of an account does not relieve you of any obligations you have accrued, including payment such as any charges for photo, audio or video merchandise purchases in connection with your account. You are responsible for payment of all such charges.
SlickPic may discontinue or alter any service subscription or aspect of the Service at any time, without notice, without liability and at SlickPic’s sole discretion.
TERMINATION OF FREE TRIAL: The Free Trial subscription will terminate at the end of the Free Trial, or upon starting a paid subscription, whichever is earlier. In addition, SlickPic may terminate this Free Trial at any time for any reason or no reason in SlickPic sole discretion. Depending on the type of offering, Free Trial account may not be downgraded to a free account.
20b. TERM AND AUTOMATIC RENEWAL OF PAID MEMBESHIP
Your Membership (Subscription) is valid commencing on the date in which SlickPic provides you with access to the Services pursuant to its receipt of your valid Payment Information (the "Commencement Date") and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services (the "Subscription Term").
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR SLICKPIC PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION, OR BY SENDING AN EMAIL TO SUPPORT@SLICKPIC.COM PROVIDING CLEAR WRITTEN NOTICE OF SUCH REQUEST.
You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
20c. UPGRADING AND DOWNGRADING TERMS
You may upgrade your Subscription Plan at any time during the Subscription Term by selecting a new plan at: https://www.slickpic.com/pricing. Please notify us about the upgrade at email@example.com. The credit card or other designated payment method in your Account Settings will be billed for the difference in price, pro-rated for the remainder of your Subscription Term or we’ll charge the full amount and manually issue the refund on the unused balance of the previous subscription. Please check your credit card or PayPal statement to see the actual fee billed.
For any downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features and capacity of your account. The Company does not accept any liability for such loss.
For the Paid account, you may not downgrade your subscription to a FREE level. FREE account is for trial only. You should purchase the appropriate plan of Subscription Service for your anticipated needs or terminate your Subscription.
21. TERMINATION OF PAID MEMBERSHIP
You may choose to cancel your Paid Membership with SlickPic by cancelling it online before the renewal date or by sending email to customer support at firstname.lastname@example.org. You can cancel online one day before the next renewal date. Canceling by email takes more time: you must notify SlickPic of your wish to discontinue service no less than 3 days prior to the end of a billing period; otherwise SlickPic reserves the right to renew the subscriptions and charge accordingly. Canceling by email must be initiated from the email account registered with SlickPic. If, for any reason, your payment is not received by SlickPic, your Paid User account might be either cancelled or frozen until payment is received by us and/or all your photos could be deleted permanently with or without a grace period. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. A cancellation initiated by you will be called a voluntary termination. The subscription fees, once paid, are not refundable. Paid accounts may not be downgraded to a free account.
The Account Deactivation process described herein will automatically be applied to all Subscription Paying Member accounts deemed delinquent or lapsed.
REINSTATEMENT. During the deactivation process the Member’s content may be deleted and may not be retrievable to reinstate into the Member’s account, even if the Member upgrades to a Paying Account.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that SlickPic may immediately delete and discard all information and files in your account and bar any further access to such files or the Service if SlickPic terminates your account for violation of this agreement, we will not provide image, audio or video data to you.
22. RIGHT TO CANCEL CONTRACT
You may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day (excluding Saturdays, Sundays and holidays) following the day on which you became a Paid Member of SlickPic. To cancel this agreement, send a dated notice to SlickPic within the three-day cancellation period stating that you, the buyer, are canceling this agreement. Please include your name, your SlickPic Screen Name and your subscription email address in the notice. You may send the cancellation notice by email to: email@example.com. If you cancel this agreement within the cancellation period, SlickPic will refund the full amount of your registration fee. The refunds are issued to the payment method used at the time of purchase. Refunds cannot be processed to third-party accounts. The name on your SlickPic account should match with the name of the bank or PayPal account holder. The refunds will typically be processed in one business day from our end and will be credited to your account. Customer sees the refund as a credit approximately 5-10 business days later, depending upon the bank.
23. PAYMENT OF FEES
SlickPic provides you with the ability to pay the Fees through a third-party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. No credit card information is ever stored on our servers. We use PayPal and Stripe.com which are secure and reputable payment processors.
All Fees shall be deemed to be in U.S. Dollars. To the extent permitted by law, all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”). You are required to self-assess Taxes under the applicable laws of your country or state (where you are established, have a permanent address or usually reside) and you shall be responsible for payment of all applicable Taxes relating to your use of the SlickPic Services, or to any payments or purchases made by you.
24. LIMITATION OF LIABILITY
THE COMPANY, ITS AFFILIATES, AND PARTNERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. SLICKPIC WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT SLICKPIC IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may SlickPic be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User, or per User’s request, or any other party on and/or through the SlickPic Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, SlickPic shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter. Notwithstanding anything to the contrary in the foregoing, in no circumstances may SlickPic be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the SlickPic Services or by User’s request, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, SlickPic shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third Party Services through or in connection with SlickPic Services, and that SlickPic cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
SlickPic does not recommend the use of the SlickPic Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
25. GENERAL DISCLAIMER
SLICKPIC PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. SLICKPIC FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SLICKPIC DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. SLICKPIC IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
26. RESALE AND COMMERCIAL USE
Your right to use the SlickPic Premium Service is personal to you and you may not resell all or any portion of the Service. The SlickPic BASIC and BONUS services are intended for noncommercial use only. The SlickPic PRO, BUSINESS, or higher-level accounts may be used for commercial use by a single Professional Customer to store photos, audio and videos taken by the customer and a reasonable number of photos, audio and videos collected from the clients of the Professional Customer.
SlickPic PRO, Business, or higher-level accounts might include merchant selling tools that allow a user (seller) to set their own prices on photo merchandise and sell through SlickPic. SlickPic may share a portion of the revenue with the SlickPic customer. For both sales tax and VAT, the seller is responsible for collecting the tax and remitting to the appropriate tax authority.
You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service except for as outlined above. You may not sell or give away copies of the SlickPic software.
27. THIRD-PARTY WEBSITES, SOFTWARE AND SERVICES
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, but not obligation, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.
28a. AFFILIATE PROGRAM
When available, the SlickPic Affiliate Program is intended to allow enrolled Members to refer new members to SlickPic. The SlickPic Affiliate Program may not be used by any Member as a method for discounting his or her own purchases. Misrepresentations or fraudulent uses of the SlickPic Affiliate Program other than those described herein may result in loss of services, commissions or other account privileges.
29. DATA STORAGE, USAGE LIMITATIONS AND FAIR USE POLICY
You agree to comply with all bandwidth, data storage and usage limitations. You understand and agree that all photos, audio and video shared using the Service will be stored on SlickPic's servers and/or SlickPic's third party partner servers. SlickPic assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service. SlickPic doesn't limit network traffic for paid members, however SlickPic reserves the right to limit excessive (above average) use. Accounts with the excessive network traffic will be notified of their usage and restrictions may be imposed if usage is not corrected.
SlickPic limits the total size of data storage and/or total number of photos and videos stored provides restrictions on download of the original files. These options are listed on the Plans and Pricing page: http://www.slickpic.com/page/features
SlickPic premium account pricing has been calculated with fair usage policies in mind in order to keep account prices low. The data upload, download and storage limits are posted on the Plans page: http://www.slickpic.com/page/features. Additionally, there are technical restrictions to ensure stable and fast service to all our users. We recommend limiting the number of the top level albums to 300 with a total number of albums not exceeding 1,000. We also recommend not to put more than 1,000 photos and videos in one album. Exceeding the suggested limits might result in sluggish site performance. Should you need to store more files, we recommend opening an additional and separate premium account. SlickPic reserves the right to freeze abusing accounts at its own discretion without financial compensation. Should a user exceed the recommended settings, and and wish to keep their photos in the gallery, SlickPic may insist on the user upgrading to the corresponding account level even if no new uploads will be allowed.
SlickPic allows downloading up to a 1,000 photos per month at no additional cost. Should user decide to download more images at once, SlickPic will allow it for a fee of 20 cents (USD) per Gigabyte to offset the “traffic-out” cost, for which SlickPic is billed by our hosting data centers, plus other administrative and technical expenses. SlickPic video files are not downloadable. Please don’t use SlickPic for video backup.
FREE accounts are limited to a maximum of 50 images in total and 1Gb of data transfer from the account per month. Any additional usage may result in restrictions on your account including limited access, or a requirement to upgrade, or account cancellation. SlickPic may discontinue or alter any service subscription or aspect of the Service at any time, without notice, without liability and at SlickPic’s sole discretion. Management of your photos, audio and videos via the SlickPic client, as well as viewing your collection on the web contribute to your measured network traffic. This limit is intended to serve the needs of consumers and may be increased or decreased from time to time as SlickPic understands general trends in usage. As SlickPic determines in its sole discretion, additional network bandwidth may be purchased for a fee. You will not be charged any fees for additional network bandwidth without prior consent. SlickPic reserves the right to limit excessive use of network and storage resources.
You should always preserve your original Content, and make back-up copies of such Content, on your personal system and using dedicated backup services. You should use the Service only as an additional back-up. You should not use the Service as the only repository, back-up or other source for your Content.
30. FORUMS, GROUPS, BLOGS, PHOTOBLOGS, MESSAGES, COMMENTS, PHOTOS
Users of SlickPic's communities, groups, blogs, photoblogs, forums or other interactive services (the "SlickPic Communities") are expected to adhere to the guidelines below. Any user failing to comply with these Terms may be expelled from the SlickPic Communities, and SlickPic may terminate or restrict such user's accounts. In addition, SlickPic may remove any Content provided by you that violates these Terms or is otherwise objectionable, in SlickPic’s sole discretion. Additionally, the Public content of any user could be switched to private in SlickPic's sole discretion. No child under the age of 18 may participate in any SlickPic Communities, groups, and forums offered throughout the Service.
Please read all the Prohibited Conduct described above before using the SlickPic Communities, and, without limiting any other prohibitions or rules contained in these Terms, keep in mind the following: All information you submit in registering must be true, accurate, current, and complete (apart from optional items).
- Do not upload, post, email, otherwise transmit or post links to any content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, nude, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Do not stalk or otherwise harass other users.
- Do not upload, post, email, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Do not upload, post, email, otherwise transmit or post links to any Content that exploits the images of youth under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Do not impersonate any person or entity, including, but not limited to, a SlickPic official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Do not disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
- Do not disobey any SlickPic hosts, moderators, or other SlickPic employees or representatives or interfere with any action by any SlickPic host or other SlickPic employee or representative to redress any violation of these Terms.
- Do not access any SlickPic Communities after your account or access has been terminated by SlickPic.
- Do not upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking or spamming.
- Do not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including without limitation SlickPic hosts.
Violations of these Terms in connection with the use of SlickPic Communities should be reported to: firstname.lastname@example.org
SlickPic has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although SlickPic does not and will not examine or otherwise review all Content submitted or transmitted to the Service, SlickPic may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
SlickPic in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
As part of the Service, SlickPic may offer Members the right to establish groups, forums, blogs, group and guest albums, or other similar capabilities on the Site (collectively “Groups“), at SlickPic's option and subject to SlickPic's conditions. No more than one group per user account. For the benefits of all users, all Public groups and forums have to be in English. SlickPic may revoke the right to use a group name for any reason deemed appropriate by SlickPic in its sole discretion; SlickPic may or may not provide an advanced notice prior to any such revocation. In case of offensive name, the name could be revoked immediately. SlickPic retains all rights, title and interest in and to the software and service-related content.
31. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
SlickPic respects the intellectual property rights of others. If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
In order for us to take action, you must do the following in your notice:
- a. provide your physical or electronic signature;
- b. identify the copyrighted work that you believe is being infringed;
- c. identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
- d. provide us with a way to contact you, such as your address, telephone number, or e-mail;
- e. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
- f. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Please email the above information to email@example.com
Again, we cannot take action unless you give us all the required information.
If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:
- 1. Your physical or electronic signature;
- 2. Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- 4. Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SlickPic Solutions may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.
If a counter-notice is received by the Copyright Agent, SlickPic may send a copy of the counter-notice to the original complaining party informing that person that SlickPic may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SlickPic’s sole discretion.
Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
SlickPic has a right to terminate the account of any person who has been determined to be a repeat copyright infringer.
Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and SlickPic reserves the right to help, but does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.
Notwithstanding the foregoing, SlickPic will promptly comply with the terms of any court order relating to alleged trademark infringement by any user of SlickPic.
33. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, audio, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or SlickPic Photo ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by SlickPic, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
34. LINKS TO THIRD-PARTY WEBSITES
SlickPic does not review or monitor any websites linked from your albums and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk. You are not allowed to link and promote the websites with the content that is restricted on the SlickPic site itself. You are not allowed to setup download links from other websites.
By linking to a non-SlickPic website or webpage, SlickPic does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself, site visitors and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SlickPic disclaims any responsibility for any harm resulting from your use of non-SlickPic websites and webpages.
35. SYSTEM INTEGRITY
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
36. NOTICE FOR CALIFORNIA USERS
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd. , Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
37. ARBITRATION; GOVERNING LAW
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate SlickPic's intellectual property rights, SlickPic may seek injunctive or other appropriate relief in an state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
Whenever SlickPic has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with SlickPic.
39. DATA TRANSFER
As part of providing the Service, SlickPic may store and process Customer Data in the United States or any other country in which SlickPic or its agents maintain facilities. By using the Services, Customer consents to this transfer, processing and storage of Customer Data.
40. UNAUTHORIZED USE
Customer will use all commercially reasonable efforts to prevent unauthorized use of the Service, and to terminate any unauthorized use. Customer will promptly notify SlickPic of any unauthorized use of, or access to, the Services of which it becomes aware.
41. FORCE MAJEURE
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
42. NO AGENCY
The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
43. NO THIRD-PARTY BENEFICIARIES.
There are no third-party beneficiaries to this Agreement.
44. INTERPRETATION OF CONFLICTING TERMS
If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms located at any URL.
45. JURISDICTIONAL ISSUES
The Service is controlled and operated by IQ Logic, Inc. from the United States, and is not intended to subject SlickPic to the laws or jurisdiction of any state, country or territory other than that of the United States. SlickPic does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
46. CONTACT INFORMATION
Any questions or comments can be directed to: firstname.lastname@example.org.
This policy was last modified on 5/22/2020.
Appendix 1 - SlickPic web design services
The portfolio website services offer is based on SlickPic portfolio website themes, SlickPic capabilities and reasonable requests. SlickPic website themes have been specifically designed for photographers and artists based on the website building parameters outlined in this article.
SlickPic doesn't provide custom website design unless agreed separately and charged accordingly. We reserve the right to refuse requests we don’t feel we can technically fulfill or the adding of features that our site builder was not designed for.
SlickPic provides website themes designed to cater to most photographers and artists. The website builder does not support the diverse range of functionalities available in a modern website. When submitting your order, please ensure that your requirements are covered in the details described in the order page.
Service Availability and Delivery
Our ability to deliver this service depends on designer availability. Although we strive to deliver a first version of the site within one business day, our average processing time is 7 business days.
In order to maintain this service at a low price, we have a small team of talented designers who are responsible for all incoming requests. As such, at times of high demand the processing time might be longer.
SlickPic web design services are offered for a fee, but periodically, they may be included as a complimentary extra to some account holders. Only annual account holders will be eligible for this service. SlickPic reserves the right to add or remove the service offering to any plan at any time. The web design service may be offered as a promotion for new accounts only.
After the project is started, if there are additional requests which fall outside the scope of the original order, SlickPic reserves the right to either refuse the add-ons or to invoice for the additional time and resources.
Unreasonable delays in customer response time may result in project termination. Completed work may be invoiced for and a new development agreement must be reached prior to restarting the project.
The client should make sufficient efforts to provide information, materials and approvals necessary for completing the project in a timely manner. A project is considered complete when full development scope has been reached and there are no additional requests from the customer within 7 calendar days from the last communication.
During the first month following the delivery of the site, the site designer will provide up to one hour of support services at no additional cost. This support may include commercially reasonable technical support, site maintenance or updating of the original content, including correcting any errors.
After delivering the finished website, the client can also request small changes which do not affect the layout, including changing the theme. These requests should be kept within reason and SlickPic reserves the right to refuse requests that fall outside that definition.
Accessing Third-Party Services
SlickPic designers will only work with SlickPic websites and cannot move photos from a third-party website or assist with any other sites or services except SlickPic. If the client authorizes our designer to provide any help with another site and the designer agrees to do so, the client assumes all responsibilities for any changes or modifications that may occur in that site as a result of the designer’s access. This includes any direct or indirect loss of data, or consequential damages. You may also be asked to prove that the other site belongs to you.
Your Intellectual Property
As between SlickPic and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. SlickPic does not claim ownership rights on your content.
Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials (“User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you post to your websites. "Your websites" means the sites you create (or we create for you) or publish using the Services.
Your License To SlickPic
When you provide User Content via the Services, you grant SlickPic (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
Featuring Your Website
We may choose to feature your websites or names, trademarks, service marks or logos included on your websites. You grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of your websites, or any portion of your websites, including without limitation names, trademarks, service marks or logos on your websites, for the limited purpose of SlickPic marketing and promotional activities. For example, we may feature your websites on our Themes page, on the Customers sections of our sites or on our social media accounts, or in demo, promotional or marketing videos.. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to your websites or names, trademarks, service marks or logos on your websites and any right of inspection or approval of any such use. You can opt out of being featured by contacting SlickPic at email@example.com. This Section does not affect any rights you may have under applicable data protection laws.
You are responsible for all content posted or stored on your websites. SlickPic exercises no control over the content or information provided by you on the website. SlickPic will not be responsible for any direct, indirect, or consequential damages which may result from the use of your websites by your customers or visitors or any other related or unrelated third parties. SlickPic is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services that SlickPic provides or the software used by the customer.
Your websites may have their own visitors, customers and users (“End users”). You understand and agree that (a) your websites and your end users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; and (c) you’re solely responsible for compliance with any laws or regulations related to Your websites and/or your End Users. We’re not liable for, and won’t provide you with any legal advice regarding, your websites or your end users. This does not limit or affect any liability we may have to you separately for any breach of the other provisions of this Agreement.
Limitation of Liability
Sharing of account information and passwords is strictly forbidden. If a customer believes that their user ID or password has been compromised, the customer agrees to contact SlickPic immediately via e-mail. If the access was authorized by the client, SlickPic will not be responsible for changes or damage to the site or any of its content.
The customer guarantees that he or she has the legal right to all elements of text, photographs and anything else they have provided to SlickPic and will not hold SlickPic responsible for any third-party claims
SlickPic prohibits website hosting customers from participating in pirating unlicensed software, pirating audio and video files, listing hacker programs or archives, hosting warez websites or pornography. The customer agrees to indemnify and to not hold SlickPic liable for any claims resulting from his/her use of SlickPic's services. Use of SlickPic's web hosting and email forwarding services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay SlickPic any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
As with any websites built by website design services, alteration of any deliverable by a client might result in website damage. The designer should be given the first opportunity to make any required alterations. Unauthorized alterations constitute unauthorized use and in this case SlickPic cannot guarantee the functionality of the altered website.
By using any of our E-Commerce features, you acknowledge, warrant and agree that:
- You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
- Any Taxes indicated by the E-Commerce features provided to you by SlickPic are solely provided for illustration purposes only, and may not be relied on in any way;
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.
- SlickPic may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
California Consumer Privacy Act.
With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 - 1798.199), as may be modified from time to time (collectively, “CCPA”), solely if applicable to you and solely with respect to data of your “Consumers” (as defined under the CCPA) which meets the definition of “Personal Information” under the CCPA and for which you are responsible under the CCPA (“Service Provider PI”), the parties agree that SlickPic acts as a “Service Provider” and you are a “Business” (as such terms are defined under the CCPA). SlickPic and you shall comply with our and your respective obligations under the CCPA. For example, SlickPic shall not sell your Service Provider PI or otherwise disclose your Service Provider PI for a commercial purpose. Notwithstanding the foregoing, you agree that in accordance with the CCPA, SlickPic may: (a) use Service Provider PI internally to build and improve the quality of the Services; or (b) combine Personal Information of the End Users of you or other Businesses for which SlickPic is a Service Provider for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity. This combined Personal Information includes IP addresses, preferences, web pages visited prior to coming to your or another Business’ website, information about browser, network or device (such as browser type and version, operating system, internet service provider, preference settings, unique device IDs and language and other regional settings), and information about how End Users interact with your or another Business’ website (such as timestamps, clicks, scrolling, browsing times and load times).
Photo Editing Terms and Conditions Agreement.
To use photo edit services user needs to buy photo edit credits. SlickPic Credits are for Photo Edit only and may not be used for Account Upgrades or to purchase other SlickPic services. Unused Purchased Credits will expire 12 months after the purchase date, or if any party closes the account or ends services. Unused credits are not refundable.
However, credits may be refunded if a designer determines that a user's submitted photo is technically sufficient and does not require additional work. Certain Photo Enhancement options may require differing amounts of credits. For instance, some Edit options may require 1 credit while others require 10.
The user understands that Photo Enhancement is a subjective process and that they may or may not like the results. After Photo Enhancement work has been completed the user may prefer their original image better. There are no procedures to re-submit the same photo for revision. In order to make the service simple and affordable and to avoid abuse we do not offer refunds for completed work, however if you did not like the enhanced photos, we will redo the process again.
You own your photos and videos. You retain copyright and any other rights you already held in your Content before you uploaded, submitted, posted or displayed it on or through the Service.
SlickPic has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services, the user agrees that we can, solely in connection with providing the services you requested, display, modify, transmit globally or distribute your photos to selected graphic artists or technicians and acknowledge that the user is the owner of the copyrights to the photos posted or transmitted to us, or that you have the permission of the copyright owner to post or transmit the photos.
Disclaimer of Warranty and Limitations of Liability:
SlickPic is working with independent graphic designers and artists worldwide to provide quality Photo Edit work for our users' photos. THE SLICKPIC SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESSED, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SLICKPIC. COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SLICKPIC SITE. SLICKPIC ADDITIONALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE SLICKPIC SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO SLICKPIC. COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SLICKPIC. SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
SlickPic and/or its partners forbid designers from utilizing your Submissions for any purpose other than providing you with the service you requested. SlickPic does not control the work environment of the designers hired for a user’s Photo Edit order. Although SlickPic or its partners routinely evaluate their designers and may terminate their services for violating SlickPic's policies, you understand and agree that SlickPic assumes no responsibility for the misdirection or misuse of your Submissions by designers. If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may correct or terminate the services of any designer responsible for such misdirection or misuse.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY, ITS AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF SLICKPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Shipping & Delivery
All images are delivered via the Internet. Once your order is completed, you will receive an email notice with details of how to download the completed pictures. Typical delivery is 24 - 72 business hours. However, delivery time may vary or take longer, especially before and after holidays.
Copyright © 2020 SlickPic by IQ Logic Inc. All rights reserved.