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Terms of Service
Overview

Terms of Service for www.pbase.com


Terms of Service for Web sites can seem complicated, but the basic meaning of this agreement can be summarized as follows:
  • PBase is not going to take advantage of you.
  • We expect you not to take advantage of us.
  • You will never, ever use PBase to store or sell images for which you do not control the copyright, or content that is inappropriate or illegal in any way.

Please read this entire document carefully because by using this site [PBase.com LLC (“PBase,” “we,” “us,” “ours”)] visitors (“you,” “your,” or “user”) agree to be bound by the terms and conditions (“Terms of Use”) listed below.

  1. PBase Services
  2. The Rules
  3. Limitations of Liability
  4. Other limitations of use
  5. Intellectual Property Rights
  6. Copyright Violation Notification
  7. How much does it cost to be a PBase member?
  8. Buying Products on PBase
  9. Contact Info

I. PBase Services

  1. PBase lets you create galleries by uploading digital images, as well as allowing you to create and sell quality products using those images.
  2. PBase also provides a subscription-based hosting and storage service for photos and other electronic media you create.
  3. PBase allows you to display your photos and media for others to view, to view the work of fellow photographers, and in some cases to allow consumers to purchase products that feature the images you store on PBase.
  4. PBase provides an online store and distribution service for products based on photos and other images. For more details on buyer terms of use, see “Buying Products on PBase.”

These terms may change, so please check back often.

II. The Rules

  1. Use of this site is not intended for anyone under 13 years of age, per the regulations contained in the Children’s Online Privacy Protection Act (“COPPA”). Minors must obtain parental consent before creating an account.

  2. Any images you upload remain your property or the property of whatever party holds the copyright. Do not upload images from other web sites or images that belong to other people.

  3. You are responsible for any activity that occurs under your username and for keeping your password secure

  4. PBase cannot be used for any illegal or unauthorized purpose. All users are responsible for complying with all local laws regarding online conduct and acceptable content

  5. You alone are responsible for any photos, graphics, text, information, or other content you upload or post on PBase.com.

  6. We cannot guarantee the privacy of content posted to our site. PBase has some features that reduce the possibility of unwanted people viewing the images, but depending on the complexity of passwords that you use, it is possible for someone to find a way to circumvent these measures. If it is important that an image should not be seen by the public, do not put it on PBase.

  7. PBase reserves the right to remove or categorize images in any way it sees fit. If a user uploads something of questionable legality or taste, it may be removed completely or from certain areas of the site without notice. This includes images appearing on public areas of the site, including but not limited to: popular galleries and images and the search pages.

  8. Do not sell access -- for viewing, editing, or uploading -- to your account.

  9. Do not sell advertising space on your account.

  10. Do not -- through another web site, email, telephone, or any other means -- represent that you are affiliated with or speak for PBase in any way.

  11. Do not use publicly accessible information about PBase community members such as email addresses or other information to send unsolicited messages (“Spam”) of any kind.

  12. We make no guarantees about the permanence of files hosted on PBase, but we make every effort to provide a stable and permanent site, including using failure resistant storage and regular backups of site contents. If however something catastrophic occurs and everything is destroyed, users have no right to any compensation from PBase.

  13. Do not abuse, harass, threaten, impersonate or intimidate other people using the site, either in our forums or by any other means.

  14. Do not upload or transmit in any way malicious code such as worms, viruses, Trojan Horses, or any other code of a destructive nature.

  15. Do not violate any U.S. or local laws, including but not limited to copyright laws, when you upload, display, or share content of any kind using PBase.com.

  16. By posting publicly accessible photos or text on PBase, you give us permission to excerpt that content for use in marketing materials and to make minor changes to it for purposes of presentation. In all such cases you will be credited for the work.

Click here to view our privacy policy.

III. Limitations of Liability

We will terminate the account and remove the photos of anyone we find in violation of any of the rules outlined in these Terms of Use. While we will do our best to enforce the limitations outlined above, you agree not to hold PBase responsible for photos or other content posted on its Web site. You may be exposed to illegal and or inappropriate materials in the course of using our site, and you agree that you do so at your own risk.

IV. Other limitations of use

We may, at our sole discretion, issue warnings or terminate an account without notice for any of the following reasons:
  • Using your PBase account to host images, logos, or any other graphic elements from other Web sites.
  • Posting photos or other content that we determine are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violate any law, or any party's intellectual property or these Terms of Use. We are not obligated, however, to do any of the above.
We also reserve the right to ban a user of the site, or refuse to create, maintain, or renew an account for any reason at any time.

We may modify or terminate these Terms of Use for any reason, without notice at any time. We will make every attempt to notify you about significant changes in the terms by sending a notice to the primary email address specified in your PBase account, updating this privacy policy, and/or by placing a prominent notice on our site.

V. Intellectual Property Rights

PBase claims no ownership or control over any content submitted, posted or displayed by you on or through PBase services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through PBase services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through PBase services which are intended to be available to the members of the public, you grant PBase a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on PBase services for the purpose of displaying and distributing PBase services. PBase furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.

VI. Copyright Violation Notification

Below is the procedure for notifying PBase of any claim of copyright or intellectual property infringement.

PBase is a community for serious photographers and artists. We respect intellectual property laws and hope that our community shares that value. If you believe that content appearing on PBase.com constitutes copyright infringement or that your copyright or intellectual property rights have been infringed, please notify us with the following information:
  1. A description of the infringing work and the Internet address (URL) where it resides.
  2. Proof in the form of a signature that you are authorized to act on behalf of the copyright holder or other interested party.
  3. Your contact information, including email address, physical address, and phone number.
  4. An explanation of why you believe the content to be in violation of copyright and intellectual property rules.
  5. An assertion, under penalty of perjury, that the information you have provided is accurate to the best of your knowledge and that you are either the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Send the above to us at copyright@pbase.com or in writing to us at:
PBase
Copyright Issues
PO Box 13585
Research Triangle Park, NC 27709
USA

VII. How much does it cost to be a PBase member?

Please see current pricing options at www.pbase.com/pricing.html. We reserve the right to change any of the product selections or pricing at any time at our sole discretion.

Satisfaction guaranteed. If you are not satisfied with your PBase account, you can get a refund within 30 days of payment. To request cancellation of your account and a refund, email support@pbase.com.

VIII. Buying Products on PBase

Our descriptions of products available through our site or affiliates are as accurate as we can make them. We cannot warrant, however, that product descriptions or information about artists or images is accurate, complete, reliable, current, or error-free.
In the event a product ordered is unavailable, we shall have the right to refuse or cancel any orders. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or PayPal account charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. Products available on PBase are individually manufactured for each customer. For that reason, if you attempt to cancel an order you have already placed, we may not be able to stop the order prior to the manufacturing process and you will remain liable for the purchase. Returns can only be accepted in the case of damaged products, per the policy outlined below.


Click here to view our return policy.

IX. Contact Info

If you would like additions or clarifications to these terms, send mail to TOS@pbase.com

Our address:
PBase
Customer Care - Privacy Policy Issues
PO Box 13585
Research Triangle Park, NC 27709
USA

http://www.pbase.com

Last updated on 02-Nov-2006


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