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PICHA- Site Terms of Use

Please read the following terms carefully because PICHA LLC (“Picha”) makes its websites available to you solely in accordance with the terms listed below (“Terms of Use”). By accessing and using pichastock.com and any other domains or domain names that re-direct to these websites (“the Sites”), and/or by downloading any content or activating an account on the Sites, you agree to be bound by each of the provisions listed below, as well as Picha’s Privacy Policy, linked here.  These Terms of Use are in addition to your obligations under the applicable Picha License Agreement (if any). In the event of any conflict between these Terms of Use and the Picha License Agreement, the Picha License Agreement will control as to the conflicting provisions.

These Terms of Use may change from time to time, which means that you should read them carefully and frequently. Picha will deem you to have agreed to whichever Terms of Use are in effect at the time that you access and use any of the Sites. If you are accessing the Sites on behalf of another entity or within the scope of your employment or other agency relationship, you represent that you are authorized to accept these Terms of Use on behalf of any such entity and understand that these Terms of Use also apply to such entity. 

If you do not agree to be bound by one or more of the Terms of Use, please do not use the Sites.

  1. 1.      Ownership of the Sites

Picha owns and operates the Sites. All content on the Sites, including text, captions, or information (“Site Content”) is owned by Picha or its licensors and is protected by United States and international copyright, trademark, trade dress, moral, and other intellectual property laws and rights.  

  1. 2.      Use of the Sites

The Sites and Site Content are intended for Picha’s customers only, and you may not use the Sites or Site Content for any purpose that is not related to your business with Picha.  You understand that Site Content constitutes valuable intellectual property of Picha and consent to Picha using rights management or other security systems and technologies to monitor uses of the Site Content.  This includes permitting any technology Picha uses to access and scan your email, computer, and any other device, system, or application you use to access the Sites for the purpose of monitoring unauthorized uses of the Site Content.

Unless expressly authorized by Picha, you are prohibited from:

(a)   copying, reproducing, downloading, uploading, posting, transmitting, or distributing (or facilitating or assisting someone else in any of these activities) any part of the Site Content for any purpose without a license agreement with Picha, other than for individual viewing of the Sites or to engage in non-commercial fair use of Site Content;

(b)  using the Site Content via any other web site or other networked computer environment, including but not limited to framing;

(c)   removing any copyright or other proprietary notices from the Sites;

(d)  removing any material from the Sites, or otherwise modifying or manipulating the Site Content;

(e)   using any data mining, robots or similar data gathering or extraction methods;

(f)   using automatic devices, technology, or algorithms to crawl, scrape, or search or monitor the Sites or Site Content or related information, other than to index the Sites as part of an internet search engine;

(g)  registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Picha product or service if you are not authorized by such party to do so;

(h)  impersonating any other user or account holder;

(i)    reverse engineering any part of the Sites;

(j)    circumventing, disabling or otherwise interfering with security-related features of the Sites or any system resources, services or networks connected to or accessible through the Sites, including any password-protected areas and/or features and rights management systems that Picha may use to protect, monitor, or track unauthorized use of Site Content;

(k)  selling, licensing, leasing, or in any way commercializing the Sites or the Site Content; or

(l)    using any device, software, or action that would interfere with the proper functioning of the Sites, or any transaction conducted via or on the Sites. 

Nothing contained on any of the Sites intends to grant an implied or express license or right to use anything contained on the Sites except as expressly set forth in these Terms of Use or the Picha License Agreement. Any other use is strictly prohibited.

In addition to violating these Terms of Use, any of the foregoing unauthorized uses may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, e-mail, privacy, and the transmission of technical data exported from the United States and the country in which you reside or from which you access the Sites.

Unauthorized use of Site Content that constitutes infringement of copyright or other applicable rights shall entitle Picha to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of such unauthorized use of such Site Content. Picha in its sole discretion reserves the right to bill you, and you hereby agree to pay, ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties to which Picha may be entitled under these Terms of Use, any applicable Picha License Agreement, and applicable law. The foregoing is not a limiting statement of Picha or its licensors’ rights or remedies in connection with any unauthorized use of Site Content, or breach of these Terms of Use or any applicable Picha License Agreement.

Picha reserves the right, in its sole discretion, to revoke any authorization you may have to view, download, and use the Site Content at any time and for any reason, with or without notice to you, and you agree to immediately discontinue such use upon notice from Picha. Picha may also restrict or remove Site Content from the Sites for any reason, and you agree to immediately discontinue all use of such Site Content upon notification from Picha.

  1. 3.      Linked sites

Picha has no control over, and is not responsible for, the terms of use, privacy policy, or content of any third-party sites that may be accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under Picha’s control, and Picha is not responsible for the contents of any linked site or any link contained in a linked site. Picha provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Picha of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  1. 4.     Submissions by Users

            a.  Content

You are not allowed to submit or post to any of the Sites any content that:

  1. is defamatory, obscene, pornographic, an invasion of privacy, or that you intend to inflict emotional distress;
  2. advocates or facilitates a violation of any law, or that is itself illegal to communicate or transmit under any local, state, national, or international law;
  3. infringes any proprietary right of any person, such as copyright, trademark, trade name, patent right, or trade secret;
  4. violates an order of a court or governmental agency;
  5. proposes or solicits any commercial transaction from any third party, or proposes or solicits any donation or payment of any funds for any purpose, or advertises or promotes any good or service for sale or lease;
  6. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  7. is the private information of any third party, including addresses, phone numbers, email addresses, or Social Security numbers;
  8. transmits “spam” or “junk mail”;
  9. violates a contract or a confidential relationship or relationship to which you owe a duty of loyalty;
  10. contains software viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs, or any other computer code, file or program that functions to interrupt, damage, destroy, interfere with, or limit the functionality of any computer software or hardware or telecommunications equipment; or that
  11. Picha has determined in its sole discretion to remove from any of the Sites.

You also are not allowed to collect or store personal information or data about other users.

You are solely responsible for all photographs, postings, messages, text, files, images, graphics, illustrations, audio clips, video clips, sounds, or other information or materials (“User Content”) that you upload, post, email, transmit, publish, submit or otherwise make available through the Sites (collectively, “Publish(ing)”).  By Publishing any User Content on the Sites, you represent and warrant that: (a) you own or otherwise have all necessary rights, including but not limited to all intellectual property rights, in and to the User Content you provide and the rights to use the User Content as provided in these Terms of Use; (b) all User Content and other information you provide is true, accurate, current and complete and does not violate these Terms of Use; and (c) the User Content will not cause injury to any person or entity.

            b.  License

The copyrights in the User Content contributed by users of the Sites are held by the individual creators of that User Content. Subject to any separate agreement between you and Picha, for all User Content you Publish on the Sites, you grant Picha a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store, the User Content, for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the User Content. The foregoing license includes, but is not limited to, Picha’s use of the User Content in Picha’s print and online publications, any advertising or promotion of same, and other media projects.  You explicitly agree that Picha may reproduce, in whole or in part, modified or otherwise, any User Content that you Publish through the Sites in any of Picha’s products. You hereby waive any right to inspect or approve any versions of the User Content or other use of the User Content by Picha and any right to compensation for Picha’s use of the User Content.

  1. 5.     Account Registration

You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Sites (“Registration Information”); (b) maintain and promptly update the Registration Information, and any other information you provide to Picha, to keep it accurate, current, and complete; (c) maintain the security of your password and identification, including but not limited to, not disclosing your password and identification to third parties; (d) notify Picha immediately of any unauthorized access or use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Information and any other information you provide to Picha.

  1. 6.     Interactive Areas

The Sites may offer weblogs, bulletin boards, and other interactive areas where you and other users can share ideas, opinions, and information.  All User Content must comply with the terms of the section herein entitled “Submissions by Users.”  Picha cannot and does not monitor all of the User Content Published on the Sites.  Picha does not control, and is not responsible for, and does not guarantee the accuracy, integrity or quality of, the User Content Published through or on the Sites by users of the Sites. By using the Sites, you may be exposed to User Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Sites, you agree to accept such risks, and you agree that Picha is not responsible for the acts or omissions of users on the Sites. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on the Sites and any User Content. You also agree that under no circumstances will Picha be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content Published on or via the Sites. You acknowledge that Picha does not, and is not required to, pre-screen or pre-approve all User Content on the Sites, but that Picha has the right (but not the obligation) in their sole discretion to refuse, delete or edit any User Content Published through or on the Sites, for any reason or for no reason.  You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.  Any use of the interactive areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the interactive areas and/or the Sites.

  1. 7.     Website Purchases

When you purchase products or services on or through the Sites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services, including but not limited to any applicable Picha License Agreement, and any terms and conditions required by any third party merchants who process any purchases of products or services on or through the Sites. 

You agree to use the Sites and to purchase services or products through the Sites for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. 

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Picha or its agents, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.  You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites.

Picha is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services that may be made available by third party merchants on sites that link to, or that are linked to by, the Sites.  For more information regarding any such third party merchant, its online store, its terms, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly.   

  1. 8.     Agent to Receive Notification of Claimed Infringement

Picha does not knowingly publish (or permit individuals to publish) copyrighted material without permission, and in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Picha has adopted a policy of terminating, in appropriate circumstances and at Picha’s sole discretion, account holders or users who repeatedly infringe the intellectual property rights of Picha or any third party.  If you believe that any material published on the Sites has been used in a way that constitutes copyright infringement, and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify Picha’s Copyright Agent of any alleged infringement.  Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:

  • a description of the infringing material;
  • a description of the copyrighted work(s) that you believe has been infringed;
  • the name of the owner of the copyright;
  • your name;
  • your address, telephone number and/or email address;
  • a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
  • a statement that all of the information you have provided is true; and
  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner. 

Your statement must be sent Picha by U.S. mail, fax, or e-mail, addressed as follows:

 

Attn:  DMCA Copyright Agent
PICHA LLC

P.O Box 30909

Bethesda, MD 20824

E-mail:  legal@pichastock.com

 

                                

  1. 9.     Trademarks

 

The Picha logo, and any other product or service name or slogan contained in the Sites are trademarks of Picha and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, including in metatags or other hidden text, without the prior written permission of Picha or the applicable trademark holder. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Picha and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 

  1. 10.  Termination

You agree that Picha may terminate your use of the Sites at any time, with or without cause.  You agree that Picha will not be liable to you or any third party as a result of such termination.  The prospective obligations of these Terms of Use will survive termination of your access to the Sites.

  1. 11.  No Warranties

The contents of the Sites are provided “as is” and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, Picha disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. Picha expressly disclaims any warranty that the functions contained in the contents of the Sites will be uninterrupted or free of errors, that defects will be corrected, or that the Sites or the servers that make the Sites available are free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of the Sites.

Additionally, you are responsible for backing up your data and any Site Content you have licensed from the Site, and Picha provides no warranty or guarantee that Site Content you have licensed will be available from the Sites.

  1. 12.  Liability Provisions

Picha shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, any of the Sites or their contents, including the transmittal of viruses, worms, or other elements harmful to a computer system.

If you Publish or submit to any of the Sites anything in violation of these Terms of Use, you agree to indemnify Picha and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, or losses arising from anything that you Published or submitted.

If you have an “account” with any of the Sites to Publish or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.

  1. 13.  Governing Law; Severability; Entire Agreement

By proceeding to use the Sites, you consent to be subject to the territorial jurisdiction of the state and federal courts of the State of Maryland, United States. You also agree that Maryland law will govern the interpretation of these Terms of Use and any dispute arising therefrom.

If any portion of these Terms of Use is held to be invalid, you agree that such invalidity is not intended to affect any other portion of these Terms of Use. Also, these Terms of Use contain the entire understanding between you and Picha governing your use of the Sites and their contents.