Terms of Use

PLEASE READ THIS AGREEMENT BETWEEN YOU AND IQ LOGIC, INC. ("SLICKPIC") CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE WWW.SLICKPIC.COM (THE "SITE") AND ANY GOODS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE (COLLECTIVELY, THE "SERVICE"). IT EXEMPTS SLICKPIC AND OTHERS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND IT CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME THAT YOU USE THE SERVICE OR SITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, OUR PRIVACY POLICY, AND APPLICABLE LAWS.

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY EACH TIME THAT YOU USE THE SERVICE, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SERVICES.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF SLICKPIC SERVICE TERMS OF USE

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".
• SlickPic reserves the right, at our sole discretion, to change, modify, add or delete these "Terms of Use" at any time without further notice. The changes will appear on this screen, with the date of the last revision, and are effective immediately.
• In the event that we change the terms of use in a way that is unacceptable to you, we reserve the right to offer you a pro-rated refund of any pre-paid subscription, at our discretion.

B. What you do:

• When you access or use the “Service”, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement").
• Your continued use of the Service, the Site or the SlickPic Client Software after any such changes constitutes your acceptance of the new Terms of Use.
• If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service, the Site or the Software.
• It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

C. Miscellaneous:

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.

This Agreement, the Privacy Policy, and the Acceptable Use Policy as amended from time to time by SLICKPIC, and any appendixes and contest rules, constitute the entire agreement between you and SLICKPIC relating to your use of the Service and supersede all previous agreements, written, oral or otherwise, between you and SLICKPIC with respect to your use of the Service. You may also be a party to a software license agreement regarding any software that you have downloaded from or through the Service.

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.

2. ELIGIBILITY

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 sell counterfeit products. See Counterfeit policy section 26a.
• 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, TRIAL, GIFT, PROMOTION, or any other NON FEE membership 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)

A "Member" is a person (i) who is at least 18 years of age, (ii) who is legally capable of agreeing to, and has agreed to, the Terms of Use, (iii) whose verified e-mail address, and required account information have been provided to SlickPic and are recorded on SlickPic's records as the person responsible for a specific SlickPic user account or those using the Member's account, and (iv) who uses the Services. You will be referred to as a "Member" or your account referred to your SlickPic "Membership. " Before you can the service, photo, audio and/or video output product, we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate the shipping and handling charges associated with your purchase of a Service.

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.

8. MONITORING

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

To report abuse navigate to Report Abuse link located at the footer of the page with photos. To flag a specific photo simply click the Flag icon located below the photo or Report/Abuse link. SlickPic will review the report and determine whether the user's actions really were "abuse" as outlined in the website's Terms of Use. If SlickPic finds that the actions were against the Terms of Use, it will issue conduct warnings and cancel the membership of anyone found violating the member conduct policies. These consequences are kept confidential.

10. SALE OF SLICKPIC PRODUCTS

Our Service may include the offer for sale 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

You are responsible for maintaining the confidentiality of your email address and password and for any and all activities that occur under your password or account. You agree to immediately notify SlickPic of any unauthorized use of your account or any other security breach known to you. All registration passwords selected by you are encrypted on the SlickPic servers. SlickPic encrypts user registration passwords using a one-way hash and has no access to user registration passwords, and forgotten or stolen passwords are the sole responsibility of users of the Service. You may request link to reset your password, which will be emailed to your email account of record. Upon registration or upon email address change SlickPic sends a verification email to make sure the email address is correct and belongs to the user. If the email address has not been verified by the user SlickPic considers that account is in violation of the MEMBERSHIP provision of this Terms of Use.

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 retain the copyright to all the content you post to the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, convert, resize, compress, edit, translate, excerpt (in whole or in part) and distribute such User Content for the purpose of displaying your photos, audio, videos, and meta-data to SlickPic viewers on your behalf. Any such use by SlickPic will be governed by our privacy policy. You may remove your User Content from the Site at any time. Removing your content from the site doesn’t immediately remove it from the cache of Content delivery network and other Internet cache servers. It takes time for the cache to expire, depending on the cache service providers. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain and archived copies of your User Content and if your public content was used by SlickPic (with your prior permission) to continue to use it.

SlickPic considers the photos, audio and video that you share with the Service to be your private information that SlickPic is displaying on your behalf, under your control. SlickPic will not edit or disclose information about you or your private content, except that you agree that SlickPic may do so in accordance with its then-current privacy policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; (e) to enable the purchase of photo and/or video products via third party partners and (f) to protect the interests of SlickPic or others. You acknowledge and agree that SlickPic may access all photos, video, audio, data (User Content) and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business.

In order to use the Service, you hereby agree to abide by the current SlickPic privacy policy, located at http://www.SlickPic.com/page/policy.

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 Classic, PRO 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

You agree that SlickPic may terminate your password, account or use of the Service and, in SlickPic's discretion, terminate your use of SlickPic's other services for any reason, at its sole discretion, including, without limitation, if SlickPic believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with SlickPic’s privacy policy or (c) that you have violated the rights of SlickPic or other users or parties or (d) that your account is not in good standing with respect to the payment of subscription fees for Paying Members or non-activity for No Fee Members.

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.

You agree that SlickPic may terminate your account or use of the Service and, in SlickPic's discretion, terminate your use of SlickPic's other services for any reason, at its sole discretion, including, without limitation, if SlickPic believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with SlickPic’s privacy policy or (c) that you have violated the rights of SlickPic or other users or parties or (d) that your account is not in good standing with respect to the payment of subscription fees for Paying

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.COMPROVIDING 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 support@slickpic.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 support@slickpic.com. 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: support@slickpic.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 services are intended for noncommercial use only. The SlickPic PRO, 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.

Sales and Promotions are only permitted under your legal name. Using albums or galleries with Hide Owner feature enabled is prohibited.

SlickPic PRO 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.

26A. COUNTERFEIT POLICY

SlickPic respects intellectual property laws and forbids the storage, display, sale or promotion of counterfeit products or links to third-party services with counterfeit products. Counterfeit products are unauthorized versions of goods that include the trademark or logo of the authentic brand owner. They are sometimes referred to as counterfeits, replicas, knock-offs, in-the-same-style-as or fake. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.

SlickPic counterfeit policy prohibits but is not limited to:

• Products described as knock off, replica, imitation, clone, faux, fake, mirror image, or similar terms when referring to a brand name in an attempt to pass themselves off as genuine products of the brand owner
• Non-genuine products that mimic brand features in an attempt to pass themselves off as the genuine product

Examples (non-exhaustive): non-authentic products that have brand name labels or logos, like software, books, artwork, movies, jewelry, watches, fashion products, closes, etc.

We take violations of this policy very seriously and consider them egregious. An egregious violation of SlickPic policies is a violation so serious that it is unlawful or poses significant harm to our users. In determining whether the user is violating this policy, we may review information from multiple sources including your website public, unlisted and private albums, and third-party sources. If we find violations of this policy, we will suspend your account upon detection and without prior warning, and you will not be allowed to use our services again.

27. THIRD-PARTY WEBSITES, SOFTWARE AND SERVICES

The Service may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

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.

28. PROMOTIONS

In addition to the terms and conditions of these Terms, any contests, competitions, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

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.

28b. Referrals

All referral orders must be placed through an active referral link as the referral cannot be added after order. Program and awards are conditional on and subject to local laws and regulations.

You may be eligible to receive a referral credit ("Referral Credit") for referring other users ("Referral") to the Services. You can only be eligible for a Referral Credit if such Referral (a) did not previously have an Account, and (b) identifies you as the sole referral source in accordance with the instructions provided during the Referral's registration process (making such Referral, a "Qualified Referral").

You shall receive a Referral Credit for any Qualified Referral in the amount specified in the email offer, not exceeding the amount of 3-month payment of your current effective paying rate. You will receive the Referral Credit on the billing date for your Account that follows the Qualified Referral's second full month of service (the "Credit Issue Date"). Your Referral Credit will be automatically applied to pay any charges to your Account incurred after the Credit Issue Date. If you do not use the Referral Credit within the twelve (12) month period following the Credit Issue Date, the Referral Credit will expire. Referral Credits will also automatically expire if your Account is terminated for any reason. Referral Credit are not redeemable as cash or any other services, and may not be used to pay any past due balance; you must pay in full your past due balance and return your account to good standing in order to redeem your Referral Credits. If you are using a Free Trial, you can collect Referral Credits but may only use them if and when you transfer to a paying account. SlickPic reserves the right to change any aspect of the referral program at any time, including, without limitation, the redemption value of any Referral Credits that have not already been issued. We reserve the right to suspend your right to receive Referral Credits or to not issue you a Referral Credit if you have violated any of these Terms.

SlickPic will not be held liable to the referring member source with respect to any failure by referring member or referred member to use their referral codes. SlickPic will not be responsible for errors which may occur in the tracking of transactions if the referring members has made or caused any such modification to the referral code. For the avoidance of doubt, referring member will use the referral code only for the purposes of the program. Any other use of the referral code will be considered void and subject to SlickPic sole discretion – shall be deemed as breaching this Agreement and will not entitle referral members to any Fee, which is based on such unauthorized use.

REFERRING MEMBER WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND MANNER OF ITS MARKETING ACTIVITIES. ALL MARKETING ACTIVITIES MUST BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.

Good Faith

We introduce programs such as these in good faith and expect the same good faith in return. Please note that we may withhold awards where we believe customers are acting in bad faith or otherwise acting contrary to the intent of this program. To be clear, commercializing, advertising, publishing, mass distributing, selling or paying for use of referral links is not appropriate, and we will not honor such links.

You agree not to use the referral program via:

• Advertising
• Spam
• Anything misleading or annoying
• Social media bios
• Paying or offering incentives for use of your link
• Referral code aggregation, including posting to deal and coupon sites

You can use the referral program on:

• YouTube channels
• Photography and art websites, forums and blogs.
• Social media sharing

We reserve the right to suspend your right to receive Referral Credits or to not issue you a Referral Credit if you have violated any of these Terms.

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: abuse@slickpic.com

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 copyright@slickpic.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.

32. INDEMNIFICATION

You agree that the company, its affiliates, and partners will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, SlickPic’s privacy policy or infringements on the rights of any third parties as a result of your use of the Site or the Service.

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.

38. TRANSLATION

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: theteam@slickpic.com.

This document was last modified on 1/28/2022.

Appendix 1 – SlickPic web design services

The Scope

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.

Service Limitations

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.

Service Fee

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.

Project add-ons

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.

Delays

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.

Support Services

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.

Maintenance

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 theteam@slickpic.com. This Section does not affect any rights you may have under applicable data protection laws.

Content Responsibilities

SlickPic is a family friendly site. We reserve the right to refuse to build sites that are unethical, defamatory or otherwise, as outlined in the paragraph “Your Use Of Service” in the Terms of Use.

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

All services provided by SlickPic may only be used in accordance with the law. Storage, documentation, transmission or presentation of information or data that violates US Federal, State or City law is strictly prohibited. This includes, but is not limited to, copyrighted or plagiarized material and anything else outlined in paragraph 4 from “Your Use Of Service” in the Terms of Use.

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.

Alterations

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.

Appendix 2.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

1. 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;
2. 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;
3. 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;
4. 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
5. 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.
6. 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).

Appendix 3.

Photo Editing Terms and Conditions Agreement.

These Terms and Conditions append the SlickPic Terms of Use in the area of Photo Editing. For purposes of this Agreement, "Photo Edit" can mean either Photo Editing, Photo Enhancement, Post-Processing or Photo Retouching.

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.

Your Copyrights:

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.

Appendix 4.

DOMAIN Registration Agreement

1. IN THIS REGISTRATION AGREEMENT (“Agreement”), “Registrant”, “you” and “your” refers to the Registrant of each domain name registration, “we”, “us” and “our” refers to Tucows.com Co., and “Services” refers to the domain name registration services provided by us as offered through IQ Logic, Inc., the Registration Service Provider (“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.
7. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
    If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.
    If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of thirty-five (35) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include either our information or that of your Reseller. The domain name also may be listed for auction. If the name is sold during any such auction, it will be acquired by a third party on a provisional basis and will remain available for re-registration by you during our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded.
    If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name and postal address (or, if different, that of the domain name holder); (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and (e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name. Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws. (a) You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. (b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. (c) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. (d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:
    Tucows.com Co.
    Registrant Affairs Office
    96 Mowat Avenue
    Toronto, Ontario M6K 3M1
    CANADA
    Attention: Legal Affairs
    and in the case of notification to you shall be sent to the address specified in the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to the terms of Tucows’ privacy policy, the terms of which are hereby incorporated by reference. Tucows’ privacy policy can be found at: http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
31. TLD’S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
    • .com/net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
      • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
      • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.
    • .org Domains: In the case of a “.org” registration, the following terms and conditions will apply:
      • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
      • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.
    • .info Domains: In the case of a “.info” registration, the following terms and conditions will apply:
      • Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;
      • Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
      • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario;
      • Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
    • .biz Domains. In the case of a “.biz” registration, the following terms and conditions will apply:
      • .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
        For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
      • Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the authority to enter into this Registration Agreement; and (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
      • Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name; (B) your postal address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if applicable); (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and (J) any remark concerning the domain name that should appear in the Whois directory. (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
      • Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the “Dispute Policies”).
      • The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
      • The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
      • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.
    • .name Domains. In the case of a “.name” registration, the following terms and conditions will apply:
      • .name Restrictions. Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
      • .name Representations. As a .name domain name registrant, you hereby represent that: (A) the registered domain name or second level domain (“SLD”) e-mail address is your Personal Name. (B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete, (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (E) the registration satisfies the Eligibility Requirements found at:http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and (F) you have the authority to enter into this Registration Agreement.
      • E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.
        You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding: (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or (D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
      • Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
      • You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
      • You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. (A) the Eligibility Requirements (the “Eligibility Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; (B) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at:http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and (C) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm
      • The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character’s Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
      • The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.
      • The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.
      • For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.
    • .at Domains. In the case of a “.at” registration, the following terms and conditions will apply:
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
    • .be Domains. In the case of a “.be” registration, the following terms and conditions will apply:
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=121.
        You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .be Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.
    • .ca Domains. In the case of a “.ca” registration, the following terms and conditions will apply:
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy, which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.
      • Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
      • Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.
      • Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry’s Registrant Agreement, the Registry’s policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry’s failure or refusal to register a domain name, it’s failure or refusal to renew a domain name registration, it’s registration of a domain name, it’s failure or refusal to renew a domain name registration, it’s renewal of a domain name registration, it’s failure or refusal to transfer a domain name registration, it’s transfer of a domain name registration, it’s failure or refusal to maintain or modify a domain name registration, it’s maintenance of a domain name registration, it’s modification of a domain name registration, it’s failure to cancel a domain name registration or it’s cancellation of a domain name registration from the Registry;
    • .cc Domains. In the case of a “.cc” registration, the following terms and conditions will apply:
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html. Please take the time to familiarize yourself with this policy.
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at:http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html.
        You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
    • .ch Domains. In the case of a “.ch” registration, the following terms and conditions shall apply:
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website athttp://www.switch.ch/id/terms. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
    • .cn Domains. In the case of a “.cn” registration, the following terms and conditions shall apply:
      • “Registry” means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People’s Republic of China and the Chinese domain name system;
      • “Registry Gateway” means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People’s Republic of China;
      • “Registry Operator” means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People’s Republic of China.
      • Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to: (A) be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”); (B) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; (C) harm national honour and national interests of the PRC; (D) instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC; (E) spread rumours, disturb public order or disrupt social stability of the PRC; (F) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; (G) insult, libel against others and infringe other people’s legal rights and interests in the PRC; or (H) take any other action prohibited in laws, rules and administrative regulations of the PRC.
      • Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.
      • Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy (“Dispute Policy”), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
      • You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.
      • If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
      • Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China’s governmental agencies and the China Internet Network Information Centre (“CNNIC”), including but not limited to the following rules and regulations: (A) Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm); (B) Detailed Implementation Rules for Registration of Domain Names in China (currently athttp://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) CNNIC Implementing Rules of Domain Name Registration (currently athttp://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
        You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.
      • Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy, (1) to correct mistakes by a party in registering the name, (2) for the resolution of disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any applicable laws, government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Agreement. Tucows, Registry Operator and CNNIC also reserve the right to “freeze” a domain name during the resolution of a dispute.
      • Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, (2) where Tucows is located, and (3) the People’s Republic of China.
      • Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.
    • .de Domains. In the case of a “.de” registration, the following terms and conditions will apply:
      • Selection of a Domain Name. You represent that: (A) you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same;you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same; (B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany; (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
      • Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
      • Registry Policies. You agree to be bound by the Registry’s Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry’s documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at: English: (A) Registration Terms and Conditions http://www.denic.de/en/bedingungen.html; (B) Registration Guidelineshttp://www.denic.de/en/richtlinien.html; German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
    • .eu domains. In the case of a “.eu” registration, the following terms and conditions will apply:
      • Eligibility Criteria. .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) an undertaking having its registered office, central administration or principal place of business within the European Community; (B) an organization established within the European Community without prejudice to the application of national law, or (C) a natural person resident within the European Community.
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law.
    • .fr Domains. In the case of a “.fr” registration, the following terms and conditions will apply:
      • Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) A legal entity: (I) whose head office is in France; (or), (II) which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or), (III) State institutions or departments, local authorities or associated establishments, (or), (IV) which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.
      • Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.
      • Registry Policies. You agree to be bound by the Registry’s Naming Charter, its registration rules for .fr. English language translations of the Registry’s documents are provided for convenience. The Registry documents may be found at:http://www.afnic.fr/obtenir/chartes/nommage-fr.
      • Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
    • .it Domains. In the case of a “it” registration, the following terms and conditions shall apply:
      • Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website athttp://www.nic.it/NA/regole-naming-curr-engl.txt. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and “netiquette” rules may be found at http://www.nic.it/NA/index-engl.html.
    • .nl Domains. In the case of a “.nl” registration, the following terms and conditions shall apply:
      • Registration Criteria. Registration of a .nl domain name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.
      • Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry’s Registration Regulations. English language translations of the Registry’s documents are provided for convenience and may be found at:http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
    • .tv Domains. In the case of a “.tv” registration, the following terms and conditions will apply:
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
      • Policy. You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found athttp://www.verisign.com/information-services/naming-services/cctlds/page_042130.html” and expressly agree to the terms outlined therein.
    • .uk Domains. In the case of a .uk registration, the following terms and conditions will apply:
      • “Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/terms/
        When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts � one contract with Tucows and/or Reseller and one contract with Nominet UK.
        Tucows and your Reseller will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found athttp://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s Whois look-up service.
      • Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
    • .us Domains. In the case of a “.us” registration, the following terms and conditions will apply:
      • “DOC” means the United States of America Department of Commerce.
      • “.us Nexus Requirement”. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
      • Selection of a Domain Name. You certify and represent that: (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove; (B) The listed name servers are located within the United States; (C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (D) To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (F) You have the authority to enter into this Registration Agreement.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies.
      • Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (A) The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements. (B) The usTLD Dispute Resolution Policy (“usDRP”) available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement. (C) In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.
      • Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator’s policies can be found at http://www.neustar.us/policies.
      • Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
      • Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder); (B) The domain name being registered; (C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name; (D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
      • In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.
      • Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws.
        You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
        You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.
        We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
        We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.
    • .asia Domains. In the case of a .asia registration, the following terms apply:
      • The Registered Name Holder/Registrant consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.
      • The Registered Name Holder/Registrant agrees to correct and update the registration information for the Registered Name immediately during the registration term for the Registered Name.
      • In addition to the complying with the Registrar’s policies, the Registered Name Holder/Registrant* agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
      • The Registered Name Holder/Registrant agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (“.ASIA Registry Policies”). The Registered Name Holder/Registrant acknowledges that .ASIA Registry Policies are applicable to all registrars and/or registered name holders/registrants. Any changes of the .ASIA Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar. The Registered Name Holder/Registrant further agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
      • The Registered Name Holder/Registrant agrees to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”). The Registered Name Holder/Registrant agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
      • The Registered Name Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant* acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant’s* legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder/Registrant acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
      • The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
      • The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
      • Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to Tucows being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.
      • The Registered Name Holder/Registrant acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
    • .li Domains. In the case of a �.li� registration, the following terms and conditions shall apply:
      • Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry�s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
      • Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.
32. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
    • Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry:
      • Contactprivacy.com shall appear as the Registrant and Contacts name(s); (ii) Tucows’ postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s); (iii) The primary and secondary nameservers shall be those designated by the Registrant; (iv) The original date of registration and the expiration of each domain name; (v) Tucows will be identified as the registrar of record.
    • You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.
    • You will will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.
    • The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the transfer.
    • We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
    • Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion. (ii) Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records. (iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.
    • Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon Tucows; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.
    • You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.

RSP's Additional Terms and Conditions:

1. As used throughout the following Agreement and Addendum, the term "Reseller" refers to IQ Logic, Inc., the party providing services at https://slickpic.com for the facilitation of the registration of internet domain names; the term "Client" refers to customers of the Reseller, who use the Reseller's domain registration service to register domain names; the term "Services" refers to all domain name services provided by the Reseller at https://slickpic.com; the terms "we," "our," and "us" refer to the Reseller, where applicable; the terms "you" and "your" refer to Client where applicable. This Agreement defines the terms and conditions for the registration of domain names through our domain registration service. By completing the registration process, you agree to be bound by all of the following terms, conditions, and policies of the Reseller. You understand that we may modify this Agreement at any time to comply with any applicable policy or regulation.

2. Client shall be the only authorized user of the Services under this Agreement. You shall be responsible for the confidentiality and use of your username and password. You understand that you shall be solely responsible for all transactions through the Services using your username and password. You further understand and agree that, as a condition of using the Services, you shall immediately notify us if you become aware of any unauthorized use of your username and/or password.

3. Please safeguard your username and password from any unauthorized use. You agree that in the event your username and/or password is transmitted to a third party through no action on the part of us, neither us nor any of our officers, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of your username and/or password.

4. You agree that you will not chargeback any amounts previously charged to your credit card by us. If you chargeback a credit card charge for a payment initiated by you, you agree that we may recover the amount of the chargeback, as well as the chargeback fee currently set at US$25.00 per chargeback by any means we deem necessary, including but not limited to re-charging your credit card for the chargeback. Furthermore, if you initiate a chargeback of a previous credit card charge, access to your account may be denied until payment is made and your account may be terminated, both at the sole discretion of us.

5. If you are found to have engaged in any abusive spamming practices, your account will be subject to immediate termination, at the sole discretion of us, and your account information will be turned over, with your personal information being forwarded to the appropriate organization. You also agree that we may, in our sole discretion, publish your name, contact information, and I.P. address, along with full header information for any spam activity you have engaged in. Additionally, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, you agree to pay us liquidated damages of five dollars (US$5.00) for each piece of "spam" or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay us actual damages, to the extent such damages can be reasonably calculated. You agree that we may charge such damages to your SlickPic account, your designated credit card, or other account specified by you for registration of domain names with SlickPic.

6. You will indemnify us and hold us harmless from any loss that may occur due to any loss of registration of a domain name, access interruptions to our domain name registration system, lost data between you and us, and lost profits due to indirect, incidental or consequential damages regardless of the form of action. In no event shall our liability exceed the total amount paid by you to us.

7. You agree to pay us all registration fees as shown on the Fee Schedule. We reserve the right to change the existing Fee Schedule at any time at our sole discretion. All fees are non-refundable. Your registration may, at our sole discretion, be canceled if any fees are unpaid on the date they become due.

8. You agree to defend, indemnify and hold harmless us and our directors, officers, employees and agents for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or its use.

9. SlickPic provides its Services to you on an "as-is," "as-available" basis. Neither SlickPic, nor any of its directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide to you any Services offered by SlickPic.

10. In the event that you breach any of the above provisions of this Agreement, you agree that we may terminate your use of our domain nameservers. In the event such a breach occurs by you, we will post a page from your domain name stating that you have violated our terms and conditions of service.

11. We reserve the right, in our sole discretion, to terminate any Service(s) provided to you, including but not limited to free hosting, domain redirection, domain parking, email forwarding, etc. with respect to any domain name that you subsequently transfer to another registrar. You understand and acknowledge that your continued use of any of our Services is conditioned on your domain remaining registered with us and not violating our other stated conditions.

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.

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