Terms of Service Terms Of Service

1. Content and Usage

All services provided by PictureScream may be used for lawful purposes only. 

Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, City or international law is prohibited. 

This includes, but is not limited to: 

* A. Copyrighted material.
* B. Material we judge to be threatening or obscene.
* C. Material protected by trade secret and other statute.
* D. Child pornography. 

* E. Animal pornography.

The subscriber agrees to indemnify and hold harmless PictureScream from any claims resulting from the use of the service which damages the subscriber or any other party. 

PictureScream does not allow transmission, storage or presentation of any content that is not legal under current US laws. 

PictureScream will be the sole arbiter in determining violations of this provision. 

You acknowledge that PictureScream does not pre-screen content, but agree that PictureScream shall have the right (but not the obligation) to access any account, and remove or restrict access to any content on the service in its sole discretion and without notice or compensation. 

Without limiting the foregoing, PictureScream shall have the right to access any account and remove or restrict access to any content that violates this Agreement or that PictureScream believes is otherwise objectionable. 

You acknowledge and agree that PictureScream may preserve or disclose any content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 

* A. Comply with legal process.
* B. Enforce this agreement.
* C. Respond to claims that any content violates the rights of third-parties.
* D. Protect the rights, property, or personal safety of PictureScream administrators, its users and the public. 

PictureScream will be the sole arbiter as to what constitutes a violation of this provision.

2. Child Pornography on the Internet

PictureScream will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. 

According to the Child Protection Act, child pornography includes "photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years." 

Violations of the Child Protection Act may and will be reported to the U.S. Customs Agency at 1-800-BEALERT.

3. Indemnity

You agree to indemnify and hold PictureScream, and its subsidiaries, affiliates, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third part due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.

4. Denial of Service

We reserve the right to refuse service to anyone at any time for any reason.

5. Arbitration

Any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration in Manhattan, New York, before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. 

The award rendered in that arbitration will be binding on the parties hereto, and judgment upon the award can be entered by any court having jurisdiction thereof.

6. Agreement

By using PictureScream, you agree to the accept these policies, guidelines, and disclaimer.