TERMS OF USE

The website that you are currently accessing through www.PlacPic.com (the "Website") is owned, operated and distributed by PlacPic Web, India("PlacPic"). Postings and submissions on the website are the property of the creators mentioned through the bookmarks that appear on each of the photos uploaded and are licensed to PlacPic under the terms of use. All other content and features available on the website are owned by or licensed to PlacPic.

BY VIEWING, POSTING, ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE "TERMS OF USE”AND the "PRIVACY POLICY" of www.PlacPic.com. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE PLACPIC WEBSITE. These Terms of Use apply to all users, viewers and contributors.

You may use the Website solely for your personal, non-commercial use. You agree that you will not: (a) copy or distribute any part of the Website without PlacPic's prior written permission; or (b) alter or modify any part of the Website in any manner.

In order to access some features of the Website, you will have to create an account. You will never use another's account. When creating your account, you represent and warrant to PlacPic that the information you have provided is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Maintaining the confidentiality and security of your password is your responsibility. If you notice any suspect, breach of security or unauthorized use of your account, you will bring it to the notice of PlacPic immediately. PlacPic shall not be liable for any loss that you incur due to someone else using your account. In case someone else's unauthorized use of your account or password causes any inconvenience to PlacPic, the website, its users, PlacPic reserves the right to demand compensation, or to take legal action against you. Similarly, you are advised not to use someone else's account at any time. It would lead to you being immediately barred from using the website. PlacPic might charge you a fine or take legal action against you for unlawfully accessing someone else's account.
 


PlacPic may, at its sole discretion, modify these Terms of Use at any time. By accessing the Website, you are automatically agreeing to such modifications, from time to time, by default.

Third Party Content

The Website may contain links to third party websites that are not owned or controlled by PlacPic. You acknowledge and agree that PlacPic has no control over such sites and is not responsible or liable for any content, advertising, products, features, services, information or other materials available from or on such sites or websites that they may link to. PlacPic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use of Third Party Content.

Except where otherwise indicated, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to PlacPic. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by PlacPic. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PlacPic or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). PlacPic reserves all rights not expressly granted in and to the Website and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

Content submitted by users for inclusion on the Website is referred to in these Terms of Use as "User Submissions." Whether or not such User Submissions are published, they will be subject to these Terms of Use. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize PlacPic to use the User Submissions in the manner contemplated by the Website and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PlacPic, you hereby grant PlacPic an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created.

PlacPic does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. PlacPic reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.
PlacPic will not tolerate violations of intellectual property rights on the Website. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, PLACPIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PLACPIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  • (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
  • (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PLACPIC'S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
  • (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR
  • (V) ANY BUGS, VIRUSES, TROJAN HORSES,
  • OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. MEMBEOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLACPIC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLACPIC WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL PLACPIC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by PlacPic from its facilities in India. PlacPic makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless PlacPic and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by PlacPic. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Website:

  • (I) abuse, harass, threaten, impersonate or intimidate others;
  • (II) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
  • (III) engage in any activity intended to obtain password, account, or private information from any user;
  • (IV) transmit unwanted email or other communications; or
  • (V) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content;
  • (VI) take any action that might impose an unreasonable or disproportionately large load on PlacPic's infrastructure;
  • (VII) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
  • (VIII) bypass any measures PlacPic may use to prevent or restrict access to the Site; or
  • (IX) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Website.

You agree that the Website shall be deemed a passive website based solely based in Mumbai and shall not give rise to personal jurisdiction over PlacPic, either specific or general, in jurisdictions other than Mumbai. These Terms of Service shall be governed by the internal laws of Inda, without regard to its conflict of laws principles. Any claim or dispute between you and PlacPic that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of courts located in Mumbai, India. These Terms of Service, together with the Privacy Policy and any other legal notices published by PlacPic on the Website, constitute the entire agreement between you and PlacPic concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PlacPic's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.