These Terms and Conditions are incorporated by reference into the General Terms of Use applicable to this GiftCards.com Platform, and govern your use of the submittal, distribution, compensation, and other services related to the PicPaid Program that is described at http://www.giftcards.com/picpaid  (“PicPaid Services”).

Licensing User-Generated Content to Company

By uploading your images and/or content (“User-Generated Content”) to the GiftCards.com Platform, you grant the Company and its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, syndicate with third parties, and create derivative works from such User-Generated Content, in any form, format, or medium, of any kind now known or later developed.

Representations and Warranties Regarding User-Generated Content

By uploading or sharing any User-Generated Content with the Company, you further represent and warrant that: (a) You are the original author or creator of the User-Generated Content and/or have full copyright, title and interest in and to any User-Generated Content, (b) You have the full power and authority to upload and/or share the User-Generated Content on the GiftCards.com Platform, (c) the use of any element of the User-Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, and (d) You will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.

Purpose and Description of PicPaid Services

Company provides you with the ability to host a variety of content, including but not limited to images for purposes electronic publishing and sharing of those pictures with other Company customers. Any additions or modifications to the PicPaid Services shall be in the sole discretion of Company and will be subject to these General Terms of Use. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the PicPaid Services. Company uses reasonable efforts to ensure that the PicPaid Services are available on a 24/7 basis. However, there will be occasions when the PicPaid Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Company. By using the PicPaid Services, you agree that Company shall not be liable to you for any modification, suspension or discontinuance of the PicPaid Services or the loss of any User-Generated Content.

You Assume All Liability for User-Generated Content

Company intends and attempts to maintain a website that is absent of offensive, indecent or objectionable content. By using the GiftCards.com Platform, you agree to not provide this type of content. Under no circumstances will Company be liable in any way for any User-Generated Content, including, but not limited to, the subject matter of any User-Generated Content, any errors or omissions in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, emailed, transmitted or otherwise made available via Company. You agree that you assume all liability related to User-Generated Content.

Compensation for Image Sales

Company will pay to you a fee for each card purchased by a customer through the PicPaid Program that contains your User-Generated Content, although currently that fee is set at $0.  This fee can change from time to time, at the sole discretion of Company.  In the circumstances where the fee changes you will be notified by email and you have the option of removing your User-Generated Content from the PicPaid Program, but by participating in the program you are consenting to this fee as payment for each card purchased by a customer through the PicPaid Program that contains your User-Generated Content.

Restrictions on the use of the PicPaid Services

By using the PicPaid Services you agree that you will not:

  1. Use the PicPaid Services for any illegal purpose;
  2. Upload or otherwise transmit any User-Generated Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. Company does not control User-Generated Content of users’ accounts and does not have any obligation to monitor such content for any purpose.  You acknowledge that you are solely responsible for all content and material you provide to the PicPaid Services;
  3. Upload or otherwise transmit any User-Generated Content that you do not have the lawful right to transmit (including any User-Generated Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User-Generated Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User-Generated Content that would violate the right of privacy or publicity of any public or non-public persons;
  4. Upload or otherwise transmit any User-Generated Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, pyramid schemes”, or any other form of solicitation;
  5. Upload or otherwise transmit any User-Generated Content that includes code hidden or otherwise contained within the images of any content unrelated to the image files hidden within the file structure of the image;
  6. Upload or otherwise transmit any User-Generated Content that is for the promotion of products or PicPaid Services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of Company. This includes, but not limited to, email spam and banner advertisements;
  7. Use the PicPaid Services in any way for the furtherance of a commercial enterprise;
  8. Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your Company account for their images OR use the PicPaid Services to host images which you encourage others to paste on third party sites. Your use of the PicPaid Services should be limited solely on your own behalf;
  9. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at giftcards.com, and all linked pages to the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
  10. Promote or drive traffic to image pages by means of autosurfing, autoclicking via bots or web scripts, iframes or click exchanges.

Company’s Right to Remove Images and Terminate Accounts

Company may choose to monitor, review, and/or disapprove any User-Generated Content at any time in Company’s sole discretion.  Company also reserves the right to remove previously approved images from the GiftCards.com Platform at any time in our sole discretion.  Reasons the company may reject User-Generated Content include: the image is of poor quality, potential IP infringement, there are an excess of similar images, and it is inappropriate for the GiftCards.com Platform.  You may choose categories & keywords associated with your User-Generated Content, but Company reserves the right to edit those fields as we deem appropriate.  If your User-Generated Content is rejected, Company will send you an email with the reason.

Company reserves the right at all times to terminate your account and/or delete any and all User-Generated Content, in whole or in part, at any time for any reason including, but not limited to, violations of the General Terms of Use.  If you do violate the General Terms of Use, Company reserves the right to share any information with any third party. In addition, Company reserves the right at all times to disclose any User-Generated Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.