1.1. By entering and using the Site you agree to be bound by these Terms and Conditions. These terms and condition are a binding agreement.
1.2. The following Terms and Conditions comprise the entire agreement between Pics.it and you, superseding any prior agreements between you and Pics.it.
1.3. Pics.it may, from time to time, change the Terms and Conditions. You agree to review the Terms and Conditions periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section below. Please note that your continued use of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes.
1.4. As a user of the Site you may access some parts of the Pics.it system however you are not automatically granted with all privileges regarding the Pics.it system and some of the features and services on the Site are not free of charge.
1.5. Please note that any payments made by you for the Site's services will NOT grant you with any rights.
1.6. Please note that in case Pics.it on which you are registered is not available (temporarily or permanently) you do not obtain any right for compensation.
2.1. You hereby agree to provide Pics.it with true, complete and up-to-date information regarding your registration and billing information. Any Member providing Pics.it with information that is not true, complete and up-to-date shall face immediate termination of accounts in Pics.it and is subject to civil and criminal liability.
2.2. During your joining procedure, your IP address will be recorded and stored in our archives even after the cancellation of your registration. This is an important part of the Pics.it fraud preventing policy.
2.3. You are solely and entirely liable for all activities on the Site and connected to the Site, conducted through your account. Please note that, as a Member of the Site you may not permit any other person to use your Member's account. Your Membership, login (email) and password, may not be assigned or transferred to any other person or entity. You must promptly inform Pics.it of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a login (email) or password.
2.4. Members who have their account terminated by Pics.it may not access the Site without the prior express written permission of Pics.it.
Cancellation of your account:
You may cancel your account on the Site, at any time, by going to the own control panel. In all cases of cancellation of your account you will remain liable for all payments of your account as well as other such liabilities. In case of cancellation of account no credits on the Pics.it system will be credited to you or can be converted to cash or other form of reimbursement.
Termination of your account:
Pics.it reserve the right to terminate your Membership at any time. In cases of termination of your account you will remain liable for all payments of your account as well as other such liabilities. In case of termination of your account due to a breach of these terms, no credits on the Pics.it system will be credited to you or can be converted to cash or other form of reimbursement. Furthermore, in any case the Site is terminated it is hereby clarified that all Memberships (of all kinds) are terminated immediately, without any prior notifications by Pics.it.
3.1. Pics.it has no basic fee for membership to the Pics.it Site. However, the extension of default limits will incur charges to you at the rate set by Pics.it. Prices and charges of other non-free features of the Site are presented to you on the Site itself.
3.2. You are able to see all of your records of usage of the Pics.it system as well as the status of your balance from the control panel. For billing inquiries, please turn to the Pics.it Customer Support, at any time.
3.3. It is agreed that each time you enter and use the Pics.it systems; you agree that Pics.it is authorized to charge your credit card. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with Pics.it. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You here by agree that Pics.it may, at its own discretion, accumulate your charges. If you want to see the components of your accumulated charges, you are able to do so from the control panel.
3.4. Credit card charges are processed via one of third party processors, which are fully secured and guaranteed to ensure the Member's absolute privacy and reliability in the amount charged. The users will see in the statements of their credit cards the names "EURO ORDER" or "B4WEB SL" or "Banca Caixa" depending on the payment processor.
The basic policy of Pics.it is not to provide refunds to Members unless specific extraordinary circumstances apply. Pics.it has a no-refunds policy. In some cases Pics.it may issue refunds to Members that turn to Pics.it, in the form of credits of free time in the Pics.it system. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check. Please note that in case of cancellation of account no credits on the Pics.it system will be credited to you or can be converted to cash or other form of reimbursement.
4.1 You hereby acknowledge that all of the information and content on the Site, including but not excluding: software, photos, videos communications and other such material and/or services are provided under license by independent Hosts and/or other Members and/or by Pics.it and its affiliates.
4.2. Pics.it itself owns a copyright in the arrangement and coordination of such content and information. It is clarified that Pics.it does not prescreen and does not hold the responsibility for the content and information published and/or displayed on the Site. However, Pics.it shall have the right to remove content (as well as to immediately disconnect Members from the services on the Site) in any case Pics.it deems that the content or the information is harmful, offensive or otherwise violating these Terms and Conditions.
4.3. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Pics.it permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights.
4.4. You are hereby committed to use the Pics.it systems for lawful purposes only. Under no circumstances will you use your Membership and/or your account to do the following:
Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted.
4.5. In order to protect its Members from offensive e-mail communication Pics.it reserves the right (among others) to block mass e-mail solicitations.
5.1. THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
5.2 As a Member you are personally liable for, and shall defend, indemnify and hold Pics.it harmless from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Member or with or under the authority of any other including governmental agency.
6.1. WARRANTIES COVERING ANY PRODUCTS AVAILABLE FOR PURCHASE ON THIS SITE ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND Pics.it MAKES NO ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS. EXCEPT FOR ANY SUCH MANUFACTURERS' WARRANTIES, THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT MEMBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND MEMBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
6.2. THE SITE MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO MEMBER OR ANYONE CLAIMING THROUGH MEMBER, MEMBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
6.3. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL Pics.it BE HELD RESPONSIBLE FOR (I) ANY DEFECT, DEFICIENCY, BREAKDOWN, FAILURE OR OTHER MALFUNCTIONS IN THE SITE OR IN ANY PRODUCTS, SERVICES, FEATURES OR DEVICES MADE AVAILABLE THROUGH THE SITE; (II) ANY MISUSE OF THE SITE OR ANY PRODUCTS, SERVICES, FEATURES OR DEVICES MADE AVAILABLE THROUGH THE SITE; (III) ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, INCLUDING ANY REPRESENTATIONS MADE BY YOU; AND/OR (III) ANY DAMAGES ARISING DIRECTLY AND/OR INDIRECTLY FROM OR BY REASON OF ANY BODILY INJURY OR PERSONAL INJURIES KNOWN OR UNKNOWN, DEATH OR PROPERTY DAMAGE RESULTING OR TO RESULT FROM ANY ACCIDENT THAT MAY OCCUR AS A RESULT OF YOUR PARTICIPATION IN THE SITE OR ANY ACTIVITIES IN CONNECTION WITH THE USE OF THE SITE AND ANY PRODUCTS, SERVICES, FEATURES, DEVICES (E.G., ADULT TOYS) AVAILABLE THROUGH THE SITE, WHETHER BY NEGLIGENCE OR NOT.
6.4. IN THE EVENT THE SITE IS FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE'S OWNER SHALL BE LIABLE FOR NO MORE THAN THE AMOUNT PAID BY OR ON BEHALF OF THE MEMBER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE'S OWNER, OR ANY OF THEIR SUPLIERS, LICENSES OR OTHER MEMBER S BE LIABLE, TO MEMBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
7.1. In addition to these Terms and Conditions, the Site may have additional Terms and Conditions that are published on specific pages on the Site, and shall become, an integral part of these Terms and Conditions. If any provision of these Terms and Conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these Terms and Conditions enforceable. Pics.it's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Pics.it's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Pics.it with respect to such use. Unless otherwise specifically provided, the provisions of these Terms and Conditions shall survive its termination.
7.2. The Site enables you to share information with other Members and/or Hosts and/or users. You agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of these Terms and Conditions. You agree not to engage in advertising to, or solicitation of other Members and/or users to buy or sell any products or services through the Site without prior written consent. You alone are responsible for information you send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
Notices by the Site to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail.
Notices by you to the Site may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
B4WEB SL (VAT: B76275502), Calle San Agustin 13, Oficina 4, Las Palmas de GC 35001 Spain rev 9/2020