Read My Pic - Terms of Use

READ MY PIC - TERM OF USE

Welcome to www.readmypic.com, the web site that is a platform for posting photos and obtaining an intuitive reading on-line from intuitive readers ("Readers") who choose to comment on submitted photos (the "Service" or "Site").. The specific features and functionality of the Site are to be determined solely by readmypic.com and are subject to change or termination without notice.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Acceptance of Terms
Readmypic.com provides the Service subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with the Terms. These Terms apply to all users of the Site including Readers. Should you object to any portion of the Terms or become dissatisfied with the Service, or have any dispute with readmypic.com, your only recourse is to discontinue use of the Service. Readmypic.com may change these Terms at any time and you are responsible for regularly reviewing these Terms each time you use the Service. Your continued use of the Service after the effective date of such changes constitutes acceptance of such changes.

Profiles of Readers may include information regarding obtaining their services through our affiliates and links to such affiliate's website. If you elect to register for such services, your use of such services shall be governed by the terms of use and privacy policy of such affiliates website and not these Terms. Readmypic.com has no liability with respect to your use of such services.

Privacy
Please review our Privacy Policy which is incorporated into these Terms to understand our how we handle personally identifiable information about users.

User Information/Registration
When you register to become a user of the Service, you must provide true, accurate, current and complete information about yourself when such information is requested by the Service. Each Reader represents and warrants that biographical information supplied by him or her for display on the Site is accurate and complete. You also agree to: (a) provide true, accurate, current and complete information about yourself when such information is requested by the Service (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or readmypic.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, readmypic.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Your Content Submissions
You understand that all postings, readings, messages, text, files, images, photos, video, sounds, or other materials or information posted on or transmitted through the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are solely responsible for all Content that you post, email or otherwise make available via the Service. If you are a Reader, your participation is voluntary, is not for commercial purposes and your readings regarding the Content posted by users will be publicized by readmypic.com free of charge and all rights in such readings will be owned by readmypic.com. You may not post, distribute or transmit any copyrighted materials, trademarks or other proprietary information unless you own the rights or have permission from the owner. By submitting your Content and using the Service you represent and warrant that the Content you submit does not infringe, misappropriate or violate the intellectual property, publicity, privacy or other rights of any party, is not defamatory and your submission is not in violation of any applicable laws. Further, you agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is threatening, abusive, defamatory, vulgar, harmful, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) 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; or (e) collect or store personal data about other users.

By submitting Content you grant readmypic.com and its affiliaties a royalty-free, universal, perpetual, irrevocable license, with the right to grant sublicenses, to use, copy, modify, display, transmit, make derivative works of, and distribute the Content without restriction. You waive any moral rights you may have with respect to such Content. All intellectual property and proprietary rights relating to the Service are owned by readmypic.com.

You understand that readmypic.com does not control, and is not responsible for Content made available through the Service. Readmypic.com does not monitor the Content and does not guarantee the accuracy, quality or integrity of the Content. You acknowledge that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. If you submit a photo for a reading, you agree that you are soliciting opinions and comments from a Reader and from the general public regarding any aspect of the photo including the photographer. You acknowledge that readings are opinions only and not statements of fact. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY CONTENT POSTED ON THE SITE AND THAT UNDER NO CIRCUMSTANCES WILL READMYPIC.COM BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING EMOTIONAL DISTRESS, INCURRED AS A RESULT OF YOUR USE, VIEWING OR SUBMISSION OF ANY CONTENT OR YOUR SOLICITATION OF A READING.

You may not disassemble, reverse engineer, distribute, license or create derivative works from any of the Content on the Service. Unless expressly authorized, you may not download any Content.

Removal of Content
Readmypic.com shall at all times have the right (but not the obligation) in its sole discretion to refuse, delete, edit or move any Content for any reason.

Third Party Sites
Readmypic.com may provides links to third party sites and resources over which readmypic.com has no control. Readmypic.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Readmypic.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in or the timely inclusion and/or removal of content from any such site.

Copyright Complaints

DMCA Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@readmypic.com or by mail at:

You will need to provide us with the signature of the person authorized to act for the copyright owner, a description of the work you claim has been infringed and the location of the material on the Service, your address, telephone number and e-mail address, and a statement under penalty of perjury that you have a good-faith belief that the disputed use is not authorized and that you are authorized to act on the copyright owner's behalf.

Counter-Notification

If material that you have posted has been taken down, you may file a counter-notification that contains the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Creative Commons may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
Your physical or electronic signature.

Then send the counter-notification to the copyright agent at the address specified above.

Indemnity
You agree to indemnify and hold readmypic.com, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim, expense, losses or costs, including reasonable attorneys' fees, due to or arising out of your Content, your use of the Service, your breach of these Terms (including a breach of the representations and warranties) or any violation of any laws or third party rights.

Modification of Service
Readmypic.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that readmypic.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination of Service
You agree that readmypic.com, in its sole discretion, may terminate your access to or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if readmypic.com believes that you may have violated or acted inconsistently with these Terms. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that readmypic.com may immediately deactivate or delete your Content postings and all related information and files and/or bar any further access to such files or the Service. Further, you agree that readmypic.com shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisements and Promotions
Readmypic.com may post advertisements and promotions on its sites. By using the Service, you agree that readmypic.com has the right to run such advertisements and promotions. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, including Readers. You agree that readmypic.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Disclaimer of Warranties
Readmypic.com does not guarantee that any photo submitted will be given a reading or that any reading will be satisfactory. Readers are not employed by readmypic.com. All readings are solely the opinions of the Reader and not readmypic.com. Readers represent themselves to have intuitive abilities but readmypic.com does not conduct any verification of the qualifications of Readers and appearance of any Reader on the Service does not constitute an endorsement by readmypic.com of such Reader.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW READMYPIC.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NON-INFRINGEMENT. (b) READMYPIC.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE , AUTHENTIC OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT OR SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL PERMITTED TO BE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM READMYPIC.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL READMYPIC.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF READMYPIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED UNDER ANY THEORY OF LIABILITY ARISING FROM THE SERVICES OR THESE TERMS. IN NO EVENT WILL READMYPIC.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, SUPPLIERS AND AGENTS MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED $100.

Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of readmypic.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of readmypic.com and protected by U.S. and international copyright laws. All software used on this site is the property of readmypic.com or its software suppliers and protected by United States and international copyright laws.

Trademarks
readmypic.com, the readmypic.com logo, and other marks indicated on our site are trademarks of readmypic.com. Other readmypic.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of readmypic.com. Readmypic.coms trademarks and trade dress may not be used in connection with any product or service that is not a readmypic.com product or service, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits readmypic.com. All other trademarks not owned by readmypic.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by readmypic.com.

Interference with Operations
You understand that attempting to interfere with the operation of readmypic.com computer systems is expressly prohibited. Unauthorized use of readmypic.com computer systems is a violation of the Terms and certain federal and state laws and may subject the sender and his or her agents to civil and criminal penalties.

Miscellaneous
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in New York, New York. These Terms will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between readmypic.com and users with respect to the subject matter hereof, and user has not relied upon any promises or representations by readmypic.com with respect to the subject matter except as set forth herein. The Services are not open to users who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.

The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions will remain in full force and effect.

Violation
Users may report any violation of these Terms to abuse@readmypic.com

The Effective Date of these Terms is May 29, 2009.