Terms Of Service Effective Date: May1, 2009 Welcome to Picturealive (a subsidiary of SidArtz.com)! 1. ACCEPTANCE AND DESCRIPTION OF SERVICES Your continuing use of Picturealive’s products, services, or Picturealiveites ("Services") is subject to the following terms and conditions of service ("Terms"). Picturealive reserves the right to update and change the Terms at any time without notice. The most current version of the Terms will be available on our Picturealiveite. A violation of any of the Terms below may result in action by Picturealive up to and potentially including the termination of your account and access to the Services, with or without warning. "Picturealive" is the collective name for a private service offered by SidArtz.com. which provides paid web hosting. To access Services, you must access the World Wide Web and pay all service and equipment fees associated with such access. As a Member or a visitor to any site hosted by Picturealive (a "user"), by viewing "Content" - which includes text, images, videos, and other media uploaded by Members or Picturealive and hosted by Picturealive - you may be subject to all or part these Terms. You understand that users may receive some amount of direct and indirect communications from Picturealive, such as email newsletters, service announcements, and administrative messages. Members may opt out of receipt of email communications. Use of Registration Data is subject to our Privacy Policy. Unless explicitly stated otherwise, any new features that enhance or replace current Services shall be subject to the Terms. 2. REGISTRATION Information provided by individuals as part of Member registration is subject to our Privacy Policy. As a Member, you are exclusively responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. 2. SERVICE Picturealive Service provides people the ability to share information about themselves and their works with the: a) intent of promoting their works. b) allowing readers access to information in an organized manner. You understand and agree that Picturealive Service is provided "AS-IS" and that Picturealive.com (SidArtz.com) (SidArtz.com) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 2. TRADEMARKS TRADEMARKS The Member hereby grants Picturealive.com (SidArtz.com) a non-exclusive, royalty-free license to use customers's trademarks, service marks and trade names ( the "Trademarks"), for the purpose of advertising, promoting, merchandising and marketing the Member and their works. Picturealive.com (SidArtz.com) agrees that all such usage relating to the Member and their works shall properly identify the Member as the source of the works and otherwise comply with the Member's reasonable Trademark guidelines. Picturealive.com (SidArtz.com) will discontinue all use of Member's Trademarks promptly upon written addendum, termination or expiration of this Agreement. 2. OWNERSHIP Member warrants to Picturealive.com (SidArtz.com) that you, the Member is the sole owner of the Material and all related intellectual property and that neither the Materials or the exercise of any rights or licenses granted by this Agreement will a.) violate any contract by which Member is bound or any law or regulation that applies to the Materials or its use, b.) violate or misappropriate any "Trademarks", copyright or other intellectual property rights of anyone, not a party to this Agreement, c.) cause defamation of any one or otherwise violate any law or right of anyone not a party to this Agreement, d.) be considered as obscene, overtly discriminatory or hate related. 2. RELATIONSHIP RELATIONSHIP Picturealive.com (SidArtz.com) and you, the Member shall be "Independent Contractors", and nothing in this Agreement, nor the performance thereof, shall create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Members shall have no Memberity to make or accept any offers or representations on Picturealive.com (SidArtz.com) 's behalf. The parties may change or modify this relationship only by a written addendum to this Agreement, signed by both parties, to provide for agency, joint venture or sales representation. 2. LINKS It is understood and agreed by you, the Member may engage other resources or use other services that have no connection with Picturealive.com (SidArtz.com) , and that in such case Picturealive.com (SidArtz.com) is not responsible for the availability of such resources or services, nor shall Picturealive.com (SidArtz.com) be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such resources or other services. 2. MODIFICATIONS MODIFICATIONS Picturealive.com (SidArtz.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. picturealive also reserves the right (but not the obligation) in their sole discretion to add, edit, remove any or all content added to picturealive site with or without notice. You agree that Picturealive.com (SidArtz.com) shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 3. CANCELLATION AND TERMINATION Picturealive reserves the right to cancel any Member’s Services for any reason or no reason at all. Picturealive provides web hosting to sites that abide by our Terms. If you or Picturealive cancel your Services, cancellation will immediately stop all Services. You will no longer have access to your Picturealiveite and all associated information may be deleted by Picturealive. You are entirely liable for all activities conducted through your account. You will have the ability to cancel your picturealive Marketing Membership at any time. Any such cancellation will result in the termination of your ability to access the Service at the end of the then-current term for which you have paid. If you cancel your picturealive Marketing Membership before the end of the term for which you paid, you will not receive a refund. 4. SECURITY You are responsible for maintaining the security of your account and Picturealiveite, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Picturealiveite. You agree to immediately notify Picturealive in writing of any unauthberized uses of the account or any other breaches of security. Picturealive cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Picturealive be liable, in any way, for any acts or omissions by a Member or Guest, including any damages of any kind incurred as a result of such acts or omissions. 5. CONTENT, CONDUCT RULES AND OBLIGATIONS You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Picturealive reserves the right to remove Content which is deemed in Picturealive sole discretion harmful, offensive, or otherwise in violation of the Terms or any rules or policies Picturealive has in place at the time. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the Member or Guest who distributed such Content. You, and not Picturealive, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Services. Picturealive does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. In no way and under no circumstances will Picturealive be liable for any Content. You are responsible for all risks associated with use of any Content. By your use and viewing of Content, you understand that Picturealive does not review Content but that Picturealive has complete rights to remove, alter, replace, or reproduce all Content. Picturealive is not responsible for the Content of any Member including home pages, forums, blogs, discussion groups, media and comments. We reserve the right to remove any Content that is in violation of our Terms. Members will be held legally responsible for the Contents of their web pages, including but not limited to use of copyrighted material without the permission of the Member or posting material considered indecent for minors. The use of Services for illegal purposes is strictly forbidden and any account found to be or believed to be, in the sole discretion of Picturealive, violating the law may be removed without notice. You are not to upload any type of Content, programs, software, media, or MP3 files to our server unless you are the full owner and have all rights to the Content in question. This includes files with the following extensions: .zip, .rar, .arj, .tar, .mp3, .avi, or .exe. Copyrighted files not belonging to Members or Guests posting those files may be deleted without notice. You agree that you will not originate any Content that may be described in any part by any of the following descriptions: · "Adult", pornographic, obscene, nude, graphically violent, and other inappropriate Content · Offers for or the solicitation of prostitution, erotic, or sexual services · Hate, bigotry, and/or intolerance · Pirated software or media, including music, videos, images, "Warez," and other illegal or copyrighted software and Content · Hacking, "phishing", or "phreaking" related · Copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed) · Making available serial numbers for software which can be used to illegally validate or register software · Making available tools which can be used for no purpose other than "cracking" software · 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 · Anything related to illegal activity, including defamation, threats, or harassment · Offensive and indecent user, file, and directory names or tags, descriptions, and titles · Links to any of the above You agree that you will not use the Services to engage in any of the following activities: · "Spamming" to promote your Picturealiveite or Content, or engaging in unethical marketing, advertising, or any other practice connected in any way to "spam". And that all of your emails will be CAN-SPAM compliant. Learn More · Harming minors in any way · Impersonating any person or entity, including, but not limited to, a Picturealive official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity · Stalking, threatening, defaming, or otherwise harassing another · Forging titles or otherwise manipulating identifiers to disguise the origin of any Content used with Services · Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party · Promoting pyramid or Ponzi schemes or any scam or scheme intended to generate money · Offering for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation; you do not have full power and Memberity under all relevant laws and regulations to offer and sell, including all necessary licenses and Memberizations; or that Picturealive determines, in its sole discretion, is inappropriate for sale Picturealive Services · Soliciting personal information, passwords, or other data for commercial, unlawful, unethical, or dishonest purposes · Attempting to interfere with, disrupt, or break into Services, networks, servers, equipment, or Content related to the Services · Violating in any way any applicable local, state, national or international law, including, but not limited to, regulations pertaining to the U.S. Securities and Exchange Commission and public or private exchanges · Making any automated use of the Services 6. DISCLAIMER OF WARRANTIESS THE PICTUREALIVE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICTUREALIVE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. 7. MONEY-BACK GUARANTEE Picturealive provides paid services to users. Paid services include a 30-day money-back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus domain name registration fee and overage charges) if you cancel your paid services within 30 days of the activation of your account. 8. INDEMNITY By using Services under these Terms, you agree, at your own expense, to indemnify, defend and hold harmless Picturealive and its affiliates, officers, directors, employees, consultants, agents, suppliers, licensors, co-branders, and other partners from and against any and all third-party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; (c) your violation of any applicable law; and (d) your Content, use of Services, Guest activity, connection to Services, or your violation of any other rights of any other party; regardless of whether you are registered as a Member. Picturealive will not be liable for any of its services. We have the right to cancel our service at any time, and we will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, Picturealive shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Picturealive services. Member shall indemnify and hold harmless Picturealive.com (SidArtz.com) its officers, agents affiliates and employees from any claim or demand, including reasonable attorneys' fees, made by anyone due to or arising out of your AD Marketing Membership, post to or transmit through the AD Marketing Membership Service, your use of the AD Marketing Membership Service, your connection to the AD Marketing Membership Service, your violation of the AD Marketing Membership Service, or your violation of any rights of another. 9. RESALE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of Picturealive. 10. ADVERTISING Services may include advertisements through Picturealive or third parties, as such advertisements may be necessary for Picturealive to continue to provide Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, 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. You agree that Picturealive 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. Users, Members, and Guests agree not to contact any advertisers run on Picturealive or Picturealive sites in reference to the Services. If you have questions or problems regarding advertisements, please contact our support or abuse departments. 11. PROPERTY All templates offered by Picturealive are copyrighted material. Such templates are offered for use to Picturealive users under license only, and are not offered for sale or unbridled use. Such license limits use of Picturealive templates to sites hosted by Picturealive through its Services. Picturealive templates may not be transferred to or hosted on another web host or Internet Service Provider. 12. GENERAL These terms of use shall be governed by and construed in accordance with the laws of the State of California. Both parties submit to the personal jurisdiction in California. These Terms of Use constitute the entire agreement between you and Picturealive with respect to the Service. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this site, you consent to the terms of use described herein, including any updates. Picturealive reserves the right to vary these terms of use from time to time and will update the "Effective Date" section above when such changes are made. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE AD MARKETING MEMBERSHIP SERVICE IS AT YOUR SOLE RISK. THE AMMA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Picturealive.com (SidArtz.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 AND NON-INFRINGEMENT. b. Picturealive.com (SidArtz.com) MAKES NO WARRANTY THAT (i) THE Picture Alive Membership Service WILL MEET YOUR REQUIREMENTS, (ii) THE Picture Alive Membership Service WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Picture Alive Membership Service WILL BE ACCURATE OR RELIABLE. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Picturealive.com (SidArtz.com) OR THROUGH OR FROM THE "MARKETING MEMBERSHIP SERVICE" SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE "MARKETING MEMBERSHIP SERVICE." LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Picturealive.com (SidArtz.com) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Picturealive.com (SidArtz.com) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MARKETING MEMBERSHIP SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ARTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MARKETING MEMBERSHIP SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MARKETING MEMBERSHIP SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE AMA. GENERAL This written Agreement shall constitute the entire agreement between Members and Picturealive.com (SidArtz.com) and supersedes any prior agreements, may not be modified orally, and may not be assigned by either party without the other's written consent. Such consent may not be unreasonably withheld. The Agreement shall be governed by the laws of the State of California, and any attempt to enforce this Agreement shall be brought in San Diego County, State of California only. The failure or delay by either party to exercise any right, power or remedy under this Agreement shall not operate as a waiver of any such right, power or remedy.