Privacy & Service Policy
By accessing or using the services (the "Services") located at: http://www.ibeatyou.com and/or http://www.ibyinc.com (including all subpages, collectively "IBY Website"), owned and operated by Photobucket.com, Inc. ("ibeatyou.com"), or by registering to use the Services, you agree to be bound by the terms of this Privacy & Service Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by this reference (collectively, "Privacy & Service Policy").
This Privacy & Service Policy is subject to change by Photobucket.com, Inc. at any time, effective upon posting on the IBY Website, and your use of the Services after such posting will constitute acceptance by you of such changes. It is your responsibility to review this Privacy & Service Policy for any changes each time you visit the IBY Website.
Description of Services
Photobucket.com, Inc. provides Services for members and visitors to compete in competitions both online and offline and to share these competitions with other members and visitors. Additionally, members can comment on and view competitions.
The IBY Website is intended to serve a general audience and does not provide specific features or services targeted at children under 13 years of age. Photobucket.com, Inc. does not knowingly solicit personal information regarding children under 13 years of age and we will delete any information later determined to be from a user younger than 13.
This Privacy & Service Policy sets out the legally binding terms with respect to your use of the IBY Website and our provision of the Services. Please read this Privacy & Service Policy carefully. Your access to and/or use of the IBY Website and/or the Services constitutes your acceptance of all of the terms of this Privacy & Service Policy. If you are unwilling to be bound by this Privacy & Service Policy, you may not access or use either the IBY Website or the Services.
The Services are proprietary to Photobucket.com, Inc. and are protected by intellectual property laws and international intellectual property treaties. Upon completing the registration process, Photobucket.com, Inc. will provide you with an account that provides you the personal, non-transferable and non-exclusive right to access and use the Services and the IBY Website subject to the terms and conditions of this Privacy & Service Policy.
Certain Services (e.g., competing or commenting on competitions) require you to register as a member before accessing such Services. Once you have completed the registration process, you will become a member. Additionally, during registration you can, at your discretion, authorize Photobucket.com, Inc. to send email messages on your behalf to invite your friends to the Service and upload a picture or competitions in video, photo or text format to add to the site.
Use of Services
Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.
You agree to be solely responsible for any authorized or unauthorized access to your account. You represent and warrant to Photobucket.com, Inc. that: (a) you have the power and authority to be bound to and comply with the terms of this Privacy & Service Policy and to perform your obligations under the terms of this Privacy & Service Policy; (b) you will comply with all terms and conditions of this Privacy & Service Policy; (c) if you choose to register, you have provided or will provide accurate and complete information during the registration process; and (d) you own or otherwise control the necessary rights or have the necessary consents to upload any content, including but not limited to messages, emails, photographs, images or video, that you provide through the Services ("User Submissions").
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Photobucket.com, Inc. may undertake from time to time; or (c) causes beyond the reasonable control of Photobucket.com, Inc. or which are not reasonably foreseeable by Photobucket.com, Inc.
You may engage in conferences and chats, download and upload files and otherwise use the Services as permitted by this Privacy & Service Policy and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by Photobucket.com, Inc. Files available on the IBY Website may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. Any copyright, trademark, and other proprietary notices may not be removed from any copies you download.
Prohibited Items and Activities
You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
- "I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Designated Copyright Agent
PO Box 13003
Denver, CO 80201
email@example.com Termination of Services Photobucket.com, Inc., in our sole discretion, reserves the right (a) to terminate any member account, with or without notice, for any or no reason; (b) to remove, suspend or disable any user's access to all or any portion of the Services or the IBY Website; and (c) to remove any content from ibeatyou.com's servers at any time, with or without notice, for any or no reason. Disclaimer of Warranties Photobucket.com, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES. Furthermore, Photobucket.com, Inc. disclaims any and all responsibility or liability for (a) the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the IBY Website; (b) the conduct of any user of the Services or any visitor of the IBY Website; (c) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (d) any harm resulting from downloading or accessing any information or material on the Internet through the Service or the IBY Website. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Photobucket.com, Inc. MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS. Photobucket.com, Inc. MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE IBY WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE IBY WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. Limitation of Liability; Indemnification UNDER NO CIRCUMSTANCES WILL Photobucket.com, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY & SERVICE POLICY, THE SERVICES, THE USE OF THE IBY WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT Photobucket.com, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON IBEATYOU.COM, THE SERVICES OR THE IBY WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY Photobucket.com, Inc., ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE, CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY'S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE IBY WEBSITE. Term and Termination This Privacy & Service Policy is effective as of the time you first access the IBY Website and shall continue in full force and effect until terminated as set forth herein. Subject to Photobucket Corporation's rights herein, you may terminate your access of the IBY Website or your use of the Services at any time. In the event you have registered for an account to use the Service, once you terminate your membership, you shall have no further rights or privileges to use the Services. The terms of those sections of this Privacy & Service Policy labeled "Use of Services", "Prohibited Items and Activities", "Collection of Information", "Use of Information", "Personal Security Measures Members Should Take", "Other Sites and Advertising", "User Submissions", "Disclaimer of Warranties", "Limitation of Liability; Indemnification" and "Miscellaneous" shall survive any termination or expiration of this Privacy & Service Policy with respect to any use of the Services prior to such termination or expiration. Miscellaneous This Privacy & Service Policy shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Photobucket.com, Inc. and you for any purpose concerning this Privacy & Service Policy or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States. No waiver of any term, provision or condition of this Privacy & Service Policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Privacy & Service Policy constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of this Privacy & Service Policy, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Privacy & Service Policy are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provision of this Privacy & Service Policy is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Privacy & Service Policy; except that the indemnification provisions of this Privacy & Service Policy are intended to benefit Photobucket.com, Inc. and its stockholders, officers, directors, employees, and agents. Photobucket.com, Inc. may assign its rights and duties under this Privacy & Service Policy to any party at any time without notice to you. Contacting Photobucket.com, Inc. We can be reached at: Mailing Address:
P.O. Box 13003
Denver, CO 80201
Copyright © 2012 Photobucket Corporation. All rights reserved.
Last Updated on March 23, 2012