Picture Judge is a fun way to get the general public's opinion of
"How YOU Look", on a scale of 1 to 10. PictureJudge.com is a free/paid service
for private parties that encourages and facilitates communication between
its users.
Our service has been created to be easily accessible to all users of
legal age, but it also has limitations and risks that YOU must
be aware of before participating. Prior to, and as a condition of YOUR
participation, YOU (hereinafter YOU or YOURs or User) must agree to abide
by the PictureJudge.com Terms of Participation. By becoming a PictureJudge
Member, YOU are accepting these Terms. YOU may review these Terms at any
time by clicking on the 'Terms of Service' link at the bottom of the PictureJudge
Website.
TERMS OF PARTICIPATION
1. Use of PictureJudge.com is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday).
2. PictureJudge.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or YOUR use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons.
3. PictureJudge.com is not involved in any transaction between any parties
who use our site. PictureJudge.com cannot and does not control the behavior
of the participants on this site. PictureJudge.com does not assume responsibility
for the content or context of the user areas. PictureJudge.com does not
necessarily endorse, support, sanction, encourage, verify, or agree with
the comments, opinions, or statements posted by users in their personal
comments, chat, message boards, or elsewhere. Any information or material
placed in the message board or elsewhere, including comments, are the
views of those who post the statements, and do not necessarily represent
the views of PictureJudge.com. You agree that the PictureJudge.com is
not responsible, and shall have no liability to you, with respect to any
information or materials posted by others, including defamatory, offensive
or illicit material.
4. If there is a dispute between participants on this site, PictureJudge.com is under no obligation to become involved. In the event that YOU have a dispute with one or more Users, YOU hereby release, PictureJudge.com's, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If YOU are a California resident, YOU waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. PictureJudge.com has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.
6. The PictureJudge.com service may be used only for lawful purposes.
Transmission, distribution or storage of material or conduct in violation
of any applicable local, state, federal, or foreign law or regulation
is STRICTLY prohibited. This includes without limitation any unauthorized
use of material protected by patent, copyright, trademark or other intellectual
property right, material that is obscene, defamatory or libelous, constitutes
an illegal threat, or violates rights of privacy or publicity, or violates
export control laws. YOU may use the information on our site only to the
extent necessary to facilitate PictureJudge.com related transactions.
You agree not to place on the Service any material that is libelous,
abusive, harassing, annoying, or hateful, or that constitutes unauthorized
advertising, invades anyone's privacy, or encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international law or regulation.
You agree to use the Service only for lawful purposes.
7. PictureJudge.com prohibits the transmission, distribution or posting
of unwanted or offensive content. It is YOUR responsibility, and YOU agree
to comply with all requirements, legal or other. Further, PictureJudge.com
prohibits the transmission, distribution or posting of any matter which
discloses personal or private information concerning any person or entity,
including without limitation phone number(s) or addresses, credit debit
cards, calling card, User account numbers/ passwords or similar financial
information, and home phone numbers or addresses. Even though all of this
is strictly prohibited, there is a small chance that YOU might become
exposed to such items and YOU further waive YOUR right to any damages
(from any party) related to such exposure.
8. PictureJudge.com prohibits the following for any reason, including
but not limited to any item that is illegal to sell under any applicable
law, statute, ordinance or regulation including the following: Any messages,
data, or images that might be considered by a reasonable person to be
contain racial, ethnic, religious slurs or derogatory epithets, or advocating
violence, hate or other language that is deeply or widely offensive.
9. PictureJudge.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the PictureJudge.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.
10. PictureJudge.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to YOUR site hosted on or through PictureJudge.com systems, whether or not the messages were originated by YOU, under YOUR direction, or by or under the direction of a related or unrelated third party.
11. Other than connecting to Service Provider's servers by HTTP requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise. You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.
12. Postings to the Service are NOT private. You grant PictureJudge.com
the unrestricted right to use, reproduce, modify, translate, transmit,
publish, and distribute any material you post to the Service in any medium
(now in existence or hereafter developed), and for any purpose, including
commercial uses, and to authorize others to do so.
13. If PictureJudge.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, PictureJudge.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of YOUR account and /or the exclusion of any person(s) who may have violated any Terms of Participation. PictureJudge.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. PictureJudge.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to YOU. If PictureJudge.com believes in its sole discretion that any ad may create liability for PictureJudge.com, PictureJudge.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, PictureJudge.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.
14. PictureJudge.com does not verify any information posted to the Service
by users or others, or guarantee the proper use of such information by
any party. PictureJudge.com does not review or assume any responsibility
for the content of private e-mail messagesor Premium Wires sent between
members. We do not ensure that these messages may not contain material
that could be offensive to some. PictureJudge.com does not monitor or
resolve disputes between Service users. PictureJudge.com does not ensure
secure transmissions over the Internet. You should not post your or any
other person's telephone numbers, street addresses, last names, or e-mail
addresses in your profile, comments, photo descriptions, or elsewhere.
Reminder: The people you meet in PictureJudge.com are strangers. You are
responsible for guarding your personal information. If you decide to meet
anyone in-person, please use good judgment and common sense. PictureJudge.com
suggests that you always plan to meet in a public place and, if possible,
in a group setting.
15. PictureJudge.com reserves the right to review, edit, move, or delete
any photos, comments, descriptions, or messages , in its sole discretion.
PictureJudge.com does not ensure that all offensive material will be removed
from the Service.
16. In sum, in no event shall PICTUREJUDGE.COM's total liability to
YOU for all damages, losses, and causes of action exceed the amount paid
by YOU to PictureJudge.com, if any, that is related to the cause of action.
17. YOU agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of Florida applicable
to contracts to be wholly performed therein, and any action based on or
alleging a breach of this Agreement must be brought in a state or federal
court in Florida. In addition, you agree to submit to the personal jurisdiction
and venue of such courts.
18. YOU give us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright
and publicity rights, in any existing or future media, known or unknown,
over the material, photographs or User Data displayed in YOUR listings.
For the purpose of this Agreement, "User Data" shall mean all information
(if any) submitted by YOU, (the "User") to PictureJudge.com with the exception
of credit card numbers, checking account numbers, etc. "Individually Identifiable
User Data" shall mean that subset of "User Data" which can be reasonably
used to identify a specific individual such as their name, address, phone
number, etc. The User Data shall be deemed to be the property of PictureJudge.com.
YOU shall take all reasonable efforts to ensure that it is accurate and
complete and not misleading in any way.
19. No Resale or Unauthorized Commercial Use. YOU agree not to resell
or assign YOUR rights or obligations under these Terms of Participation.
YOU also agree not to make any unauthorized commercial use of the Service.
20. Others' Information. YOU agree not to make use of anyone else's
Information other than as necessary to complete any PictureJudge.com transactions
in which YOU are involved.
21. No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between PictureJudge.com and any
User of the Service.
22. Notice. Any notice to YOU or to us shall be made by emaill. We may
also give notice of changes to these Terms of Participation or other matters
related to PictureJudge.com by displaying notices to Users on the Service.
23. This Agreement is the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior
agreements and or communications regarding such subject matter. This Agreement
may only be modified, or any rights under it waived, by a written document
executed by both parties.
24. These Terms of Participation and the relationship between User and
PictureJudge.com shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions. User and PictureJudge.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Palm Beach County.
25. The failure of PictureJudge.com to exercise or enforce any right
or provision of these Terms of Participation shall not constitute a waiver
of such right or provision. If any provision of these Terms of Participation
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions
of these Terms of Participation shall remain in full force and effect.
26. User agrees 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 Service
or the these Terms of Participation must be filed within one (1) month
after such claim or cause of action arose or be forever barred.
27. The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
28. Upon accepting the Picture Judge terms of service, you also agree
to allow us to send promotional email to you. You may opt out of this
permission email at any time at www.picturejudge.com/removme/
29. Upon accepting the Picture Judge terms of service you will also
receive a FREE BSP REWARDS MEMBERSHIP!
Picture Judge Copyright Policy
PictureJudge.com is a communication system provided by SantyWare, Inc.,
which allows people to submit photograph for others to rate. The images
that YOU view using the PictureJudge.com system may or may not be stored
on SantyWare' servers. SantyWare cannot, control what content is available
to YOU using the PictureJudge.com system, even though each photograph
is reviewed by a PictureJudge Administrator. Users are responsible for
complying with all applicable federal and state laws applicable to such
content, including copyright laws.
SantyWare respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. YOU should be aware that some image files may have been created or distributed without copyright owner authorization. As a condition to YOUR use of the PictureJudge.com system, YOU agree that YOU will not use the PictureJudge.com service to infringe the intellectual property rights of others in any way.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), SantyWare will respond expeditiously to claims of copyright infringement committed using the PictureJudge.com service. If YOU are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report YOUR notice of infringement by contacting SantyWare through our info page.
PictureJudge.com is a trademark of SantyWare, Inc.
Questions? Email: info@picturejudge.com