Picfish Terms and Conditions 

Picfish (Xpansions International Limited) operating primarily though not exclusively through its Picfish website (the "Site") offers you a number of free services (the "Services") related to travel and photography, first and foremost being the unlimited facility to store and upload your tours (upon becoming a "Registrant") and your photographs of them (the "Content") for public or private display on the Picfish website.

In offering these services Picfish aims for its website to be an enjoyable, informative, useful, beneficial, and productive element of your travel and travel-related activities. It is in this spirit that we set out the following, necessary Terms and Conditions (the "Terms") inclusive of the Privacy Policy, ensuring in so doing that we are able to effectively achieve the aforementioned goals.

As the Terms set out, govern, and control the legal relationship between you and Picfish we ask that you read the Terms prior to using the Site. From time to time the Terms will be modified, the latest and controlling version always appearing on the Site. That being the case, we recommend that you periodically review the Terms. By entering and using the Site, you implicitly agree to the Terms and accept that you are bound by and subject to them, such acceptance creating a binding legal agreement between you and Picfish that you will use the Site, its related Services, and the Content in a manner consistent with the Terms. If you do not agree with the Terms, please do not use the Site, the Services, or the Content.

The Services include providing you the facilities to upload, store, and display tour information and their associated photographs. The Services additionally include many features of utility to your travel-related activities including topical information, archival photographic display, special offers and discounts on tours and travel products and services, lottery and contest prizes, communication links and email services. As Picfish may modify or terminate the Services from time to time, Picfish retains the right to modify or terminate its Services for any reason, without notice, and without liability to any user or any third party. Whereas Picfish endeavors for its Site and Services to be available at all times, it cannot and does not guarantee this. In using the Site and/or Services, you agree that Picfish shall not be liable to you or any third party for any interruption or suspension of the Site or Services or for any degradation or malfunction in the operation thereof.

Some of the Services may occasionally require the use of third party software. Your use of such is wholly independent of Picfish. In using such software, you agree to the terms and conditions of the third party governing the use of the software, which agreement is solely between you and the third party. Picfish does not vouchsafe the fitness, performance, freedom from corruptive code (ie worms, viruses, Trojan horses, or other), or other aspect of third party software and makes no guarantees, representations, or warranties of any kind regarding third party software. In no event will Picfish be liable for claims of any nature arising from the use of third party software as part of the Services.

To use many of the Services including the upload and storage of your tours and photographs you must register (ie become a Registrant), providing Picfish with your email address and password. Some of the minor but useful services depend on you providing additional Profile information. You must be at least 13 years of age to be a Registrant. Should Picfish determine that a Registrant is under the age of 13, all information related to that Registrant shall be deleted. You agree that Picfish has the absolute right for any reason to delete a registrant and registrant information at any time without notice or consultation.

Registrant, profile, tour and photographic information and digital photographs and images that are stored in Picfish by you and others is referred to as the Content. Though Picfish may review submitted Content, you agree that you are solely responsible for all Content you submit to Picfish. In using the Site and the Services you agree that you will not:

1. use the Site, Services or Content for any illegal purpose or advocacy of illegal activity;
   
   
2. use the Site, Services or Content for any commercial purpose (excepting that specifically agreed by Picfish);
   
   
3. upload, input, email or transmit in any way to Picfish Content that is unlawful, obscene, harmful, threatening, defamatory, abusive, deceptive, pornographic, slanderous, offensive, harmful to minors, or otherwise inappropriate;
   
   
4. upload, input, email or transmit in any way to Picfish Content which you are not legally entitled to, which infringes the intellectual, proprietary rights of any third party, which is copyrighted to others (unless with the express permission of the owner) , or which violates or encroaches upon the rights of others;
   
   
5. upload, input, email or transmit in any way to Picfish Content or other material that contains viruses, worms, corrupt files, Trojan horses, or indeed any form of code/content designed to destroy/disrupt/interfere with/alter/corrupt/suspend computer software, its related database, or the sites/servers/networks associated with it.

You agree that Picfish has the absolute right (but not the obligation) to delete, move, or edit any Content for any reason at any time without notice or consultation.

You agree that you have the sole responsibility for accessing/viewing any Content on the Site. In so doing you understand and acknowledge that Picfish does not in any way vouchsafe nor is responsible for the accuracy or propriety of the Content. You agree that in no event may Picfish be held liable for any claim of any nature related to any Picfish Content or its use by you however provided including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

We are very concerned with the privacy of your Picfish Content and your overall privacy with respect to your use of the Site and Services. Please see the Privacy Policy, part of and included in the Terms, which sets out our provisions for such.

You are the owner of all Content you submit to Picfish and you represent and warrant that such is accurate and is copyrighted to you or that you have written permission from the copyright owner for its use as Picfish Content. That Picfish might perform its Services in accordance with the Terms, you grant to Picfish a perpetual, universal, non-exclusive right to copy, display, modify, transmit, make derivative works of, and distribute any Content provided to Picfish by you. You understand and agree that though Picfish does deploy reasonable facilities for the prevention of such, Picfish has no obligation to prevent the copying, display, dissemination or other use of your Content, be it unauthorised, illegal, or otherwise, by others and that under no circumstances may you render Picfish liable or make claims upon Picfish for its use including (without limitation) any loss or damages incurred as a result of use of such content by others or any benefit they might enjoy as a result of use of such content..

All Content is protected by the United States, the United Kingdom and International copyright laws and other applicable law. You agree not to copy, display, or distribute any Picfish Content for which you do not own the copyright or have written permission to do so from the owner of the copyright and you agree that you are solely responsible for any copyright violations you incur as a result of using the Site, the Services, or the Content.

INDEMNITY: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PICFISH (XPANSIONS INTERNATIONAL LIMITED) INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, CONTRACTORS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE USE OF THE SITE, SERVICES, OR CONTENT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE, SERVICES, OR CONTENT USING YOUR REGISTRANT LOG-IN INFORMATION.

DISCLAIMER OF WARRANTY: PICFISH (XPANSIONS INTERNATIONAL LIMITED) EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE USE OF THE SITE, SERVICES, OR CONTENT BY YOU. PICFISH ALSO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR: (1) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SITE, SERVICES, OR CONTENT; (2) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; (3) ANY HARM RESULTING FROM DOWNLOADING, OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE.

THIS SITE AND THE SERVICES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, 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, AND PICFISH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, SERVICES, OR CONTENT. PICFISH DISCLAIMS ANY WARRANTIES OR LIABILITY FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.

YOU THE USER UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE, SERVICES, OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL PICFISH BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE UPON THE SITE, SERVICES, OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PICFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE UPON THE SITE, SERVICES, OR CONTENT, FROM SUSPENSION, DEGRADATION, OR TERMINATION OF THE SITE, SERVICES, OR CONTENT OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, THROUGH THE SERVICES, OR IN THE CONTENT OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, THROUGH THE SERVICES, OR IN THE CONTENT AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE, THROUGH THE SERVICES, OR IN THE CONTENT OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIRD PARTY SITES, PRODUCTS AND SERVICES. FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Choice of Law: These Terms shall be governed and construed in accordance with the laws of England, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or your use of the Site, Services, or Content shall be filed only in the courts of the England located in London, England and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Services, or Content or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Modification of Terms: You agree that Picfish reserves the right to amend the Terms at any time for any reason and without notice including the right to delete and exclude from the Site any Registrant and Content related to that Registrant.

Entire Agreement: These Terms constitute the entire agreement between you and Picfish and govern your use of the Site, Services, and Content, superseding any prior agreements between you and Picfish. In the case of contradictions between these Terms and information otherwise in the Site or otherwise provided by Picfish, these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The failure of Picfish to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any right or provision of the Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the provision and that all other provisions of the Terms remain in full force and effect.

Please address all queries regarding the Terms and Conditions or the abuse of such to terms@picfish.com.