Welcome to SneakPic! These Terms of Service (“Terms”) are a contract between you and SneakPic. By accessing, registering and/or continuing to use this website you acknowledge and confirm that you have read, understood and agreed to be bound by these terms of service; if you do not agree to the Terms of Use you may not use the site. Acceptance of these terms creates a binding contract between you and SneakPic that you will use the Service only in a manner consistent with these Terms. In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.  If you have questions about these Terms, please contact info@SneakPic.com. In these Terms and Conditions, the user of the Website is defined as "you" or "your" and the provider of website is defined as “SneakPic”, "we", "us" or "our". SneakPic reserves the right to change these Terms of Use periodically without prior notice. Please note that while our terms and conditions may change from time to time, you will always find the most recent version here.

Terms of Membership: SneakPic membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to SneakPic, including your name and correct email address. When you become a Member, you must provide SneakPic with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests). The Service is for personal use only. A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as purchasing photo merchandise, including reprints and enlargements, through the Service at least once every 365 days. Purchases through SneakPic third-party advertisers, do not count towards Active Participation. If you cease Active Participation for any reason, SneakPic may terminate your Membership (or any part thereof) and your use of the Service, and/may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.

Digital Image Storage: SneakPic offers free, unlimited storage of online photos to Members who maintain Active Participation. There is no limit to the content you can upload. When you upload image content to the Service, the original resolution of your content may be affected depending on the upload speed you choose. Further, if you upload an image with more than nine mega-pixels of resolution, SneakPic may in its discretion down-sample the image regardless of the upload speed you choose. You should always preserve your original content, or make back-up copies of such content, on your personal system. You should not use the Service as the only repository or other source for your content.

Member Conduct: SneakPic is committed to ensuring that the Service remains a fun and safe place to process photographs. To that end, the Service allows members to be creative with their "Content". Users of the Service, whether or not members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that SneakPic believes:

a. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
b. Comprises copyright material used without the express permission of the owner;
c. Violates or otherwise encroaches on the rights of others;
d. Contains viruses, worms, corrupt files, trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
e. Advocates illegal activity;
f. Harms anyone, including minors; or,
g. Provides a link to any of the above;

SneakPic has the sole discretion to determine whether a content is Prohibitive by nature. Any content submitted to the Service may be subject to examination from time to time. SneakPic also reserves the right to delete, move, and edit content for any reason, at any time, without notice. SneakPic does not accept any responsibility of the content in the site.  All content (whether private or public) that is processed on the site is the sole responsibility of the person who submitted it. Thus, you are responsible for your content. By viewing the site, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure. SneakPic in no way guarantees the accuracy, quality or appropriateness of content available through the Service.

No Resale of Service: Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.

Links to third party websites: This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by SneakPic . Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. SneakPic has no responsibility or liability for and makes no representations whatsoever about any other website that you may have access to through our website. These linked sites are only for your convenience, and therefore, you access them at your own risk. SneakPic shall not be liable for any loss or damage of any sort associated with your use of third party web sites. SneakPic seeks to protect the integrity of its website and the links placed upon it, and therefore requests any feed back on not only its own site, but also third party links as well.

Privacy Policy: We respect your privacy and have taken specific steps to protect it. You control who sees your photos. SneakPic is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members you invite have access to your photos. Your personal information is protected. Your privacy is important to us and we take great care to protect it.

Copyright: When you use the Service, you become a participant in an online community of people who enjoy photography. In order for SneakPic to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, SneakPic needs the rights to make use of all content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your membership, you hereby grant SneakPic a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your content, solely for the purpose of providing the Service. As a condition to membership, you represent and warrant to SneakPic that you either own your content or have written permission from the copyright owner to make such content available to the Service.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not process any content owned by someone else without the written consent of the owner of such content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

Copyright © 2007 Evika Systems, Inc. All rights reserved.

Patent Information: SneakPic owns one or more United States and international patents that apply to the Site and/or the products or services offered within the Site.

Trademarks: SneakPic, SneakPic.com and other SneakPic.com graphics, logos, and service names are trademarks of SneakPic.com. Except as specifically permitted herein, these trademarks may not be used without the prior written permission from SneakPic. SneakPic’s trademarks may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits SneakPic. All other trademarks not owned by SneakPic that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SneakPic.

Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SNEAKPIC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "SNEAKPIC AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

Limited Warranty

(A) No Liability for Content: IN NO EVENT WILL SNEAKPIC OR SNEAKPIC AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

(B) Exclusive Remedy: ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SNEAKPIC WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, SNEAKPIC'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR SNEAKPIC TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.

(C) Disclaimer: EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SNEAKPIC AND SNEAKPIC AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNEAKPIC MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. SNEAKPIC MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(D) Remedies: TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SNEAKPIC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Termination: SneakPic may, in its sole discretion, terminate your membership (or any part thereof) or your use of the Service, and remove and discard any content at any time, without notice, for any reason, including: (i) conduct that violates these terms or other policies or guidelines set forth by SneakPic elsewhere within the Service, (ii) conduct SneakPic believes is harmful to other SneakPic users, the business of SneakPic, or (iii) failure to maintain Active Participation in the Service. SneakPic will not be liable to you or any third-party for any termination of your access to the Service.

Modification of Terms: SneakPic may amend these terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by SneakPic will be prospective only.

Entire Agreement: These terms constitute the entire agreement between you and SneakPic governing your use of the Service. You may also be subjected to additional terms and conditions that may apply when you use SneakPic Affiliate services, third-party Content, or third-party software. The failure of SneakPic to exercise or enforce any term will not constitute a waiver of such term. If any term 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 remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Reporting Violations: You can report abuse of these terms to info@SneakPic.com.