Exd Pic

Terms

Summary

  • You have to be over 13 to use this site or the app.
  • You give us a royalty free licence to use any content you publish here.
  • Only post non-confidential non-mature content.
  • Don't try to mislead people or act maliciously.
  • You are responsible for what you publish here. We are not responsible for what you publish here.
  • We can delete content and ban you at our discretion.
  • These terms last updated: 21 June 2021

Introduction

By registering with exdpic.com or using or browsing the site or the Exd Pic app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree you may not use exdpic.com or the app.

1. Privacy

Please read the Privacy Statement to see how we collect and use your personal information.

2. Changes to these Terms of Use

We reserve the right to change, modify, add to, or delete portions of these Terms of Use at any time. When we do so we will notify you of such changes via the Website. Your continued use of exdpic.com will constitute your binding acceptance of the change.

3. Information Service

You agree that exdpic.com is not under any obligation to monitor the information which it transmits or stores. You agree and acknowledge that we shall not be liable in respect of information which is hosted or cached in respect of which we act as a user conduit.

4. Use by minors

Children under 13 may only use our services under direct supervision by a responsible adult or teacher. Any content to be viewed by a child under 13 must be reviewed immediately beforehand. Any content published by children under 13 must be reviewed by a responsible adult or their teacher and may not include personal information about the child.

4.3 Who cannot join exdpic.com

You must not use exdpic.com if:

  • You have been previously banned for any reason.
  • You intend to breach any other of the terms and conditions listed below.

5. What you agree to when joining exdpic.com

You agree not to publish any confidential information on exdpic.com. You understand that any information you publish will be freely available to other users of the site and may be listed in search engine results.

It is your responsibility, bearing in mind the global nature of the Internet, to comply with all applicable laws which may apply to your use of exdpic.com and to the content you publish, including but not limited to those regarding acceptable content and online conduct. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Failure to comply with all applicable laws or these Terms of Use may result in full deletions of submitted material, suspension of accounts, and/or complete banning.

You are liable for the content of any content you publish on exdpic.com. we accept no liability of any nature whatsoever for any material published on the site by users. Any views or comments expressed in submitted content are not necessarily our views or the views of any entity associated with us. You are obliged to read the terms of use before editing or creating material on the site.

We are not responsible for and do not endorse the contents of user’s material or warrant the accuracy, truthfulness, legality or reliability of user published material. You are entirely responsible for material which you publish. You agree to fully indemnify us against all damages, claims, expenses, liabilities, claims and costs (including legal costs) which they may may suffer or incur in the event of any legal proceedings being brought against them, in consequence of your publishing material. For the avoidance of doubt, the indemnity you give to us is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms of Use and/or applicable law.

We expect you to act responsibly in publishing content on exdpic.com. You agree, through use of this service, NOT to use exdpic.com to:

  • publish illegal content
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others
  • identify or speculate as to the identity of any anonymous or pseudonymous user
  • solicit personal information from anyone under 18
  • harm minors in any way
  • solicit passwords or personally identifying information for commercial or unlawful purposes
  • collect or store other users' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other users
  • attempt to gain unauthorised access to the exdpic.com administrative areas or interface, to user accounts, computer systems or networks connected to the exdpic.com site, through password mining or any other means
  • repeatedly publish the same or similar content or otherwise impose an unreasonable or disproportionately large load on the exdpic.com servers or infrastructure
  • publish any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity
  • publish any abusive, harmful, vulgar, obscene, sexually explicit, indecent, profane, inappropriate, or racially, ethnically or otherwise objectionable content.
  • publish content that contains violence, or offensive subject matter or contains a link to an adult website
  • publish content in respect of any matter that is currently before the courts
  • publish content that could be construed as scandalising the courts
  • publish content that promotes or encourages illegal activity facilitate or encourage any violation of these Terms of Use
  • publish content that infringes any patent, trade mark, trade secret, copyright, rights of privacy or publicity, or other proprietary right or intellectual property right of any party
  • publish content that falsely expresses or implies that such content is sponsored or endorsed by exdpic.com
  • modify, adapt, translate, or reverse engineer any portion of exdpic.com
  • reformat or frame any portion of the web pages that are part of exdpic.com
  • publish content intended to defraud or maliciously mislead other users

6. You are responsible for your account and its details

As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

6.1 Usernames

You may not select or use a username that:

  • Contains "ExdPic" or otherwise misrepresents your relationship with exdpic.com or any other party;
  • Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
  • Violates any trade mark or other proprietary right; or
  • Misleadingly impersonates someone else.
  • Contains a URL.

6.2 Accounts and passwords

exdpic.com reserves the right to log off or deactivate accounts that are inactive for an extended period of time.

You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

We may at our absolute discretion refuse you access to the site, delete content created by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this. If we disable your account you will not be entitled to create another account without our permission.

These Terms of Use, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.

6.3 Your interactions with other users

We do not verify the identity of users on the site.

We remove content that is against our terms of use. However we offer no guarantee that all content on our site at any time conforms to our terms of use.

As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party we are under no obligation to become involved.

You are encouraged not to provide personal information about yourself on exdpic.com. Any personal information which you volunteer on the website will be available worldwide to anyone with access to the website.

It is against these terms of use to publish a home address or phone number, whether it belongs to you or any other individual.

7. Right to ban accounts or remove user privileges

We may at their absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges. If we disable your account you will not be entitled to create another account without our permission.

These terms of use, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law, and miscellaneous provisions shall survive any termination of your user privileges.

Without limiting the foregoing, the following will lead to a suspension of your privileges on exdpic.com:

  • breaches or violations of these Terms of Use
  • requests by law enforcement or other government agencies
  • unexpected technical issues or problems

8. Publishing content on exdpic.com

You are solely responsible for your conduct and any content that you submit or display on exdpic.com. You agree not to submit Material contrary to these Terms of Use or any applicable law.

By publishng content on exdpic.com, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels

Due to the real-time nature of exdpic.com, we cannot and are not required to review the contents of user-contributed content, nor do we confirm the validity of information submitted. we hereby notify you that we do not actively monitor content published by users and, as such, we are not responsible for and give no warranty or representation in relation to content published by users.

Users are informed that if they deem any content to be defamatory or an infringement of their intellectual property rights they should contact the us directly.

Whilst we do not monitor content contributed by users, we reserve the right to take down content that comes to our attention via a complaint or otherwise. usmbers who repeatedly flout these Terms of Use will be barred from using the site.

We reserve the right to immediately ban a user for any reason and especially if there has been a serious breach of these Terms of Use. All decisions in relation to these matters are carried out at our sole discretion.

In accordance with the guidelines established by the Data Protection Commissioner from time to time, we reserve the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any content published by you.

We may, but are not obliged to, remove or limit access to content added by any user which breaches these Terms of Use.

By adding content on exdpic.com you represent and warrant that: (i) you own the content published by you or otherwise have the right to grant the licence above, and (ii) the addition of the content does not violate the privacy rights, publicity rights, intellectual property rights, confidentiality, contract rights or any other rights of any person. You agree to pay all royalties, fees, or any other monies owing any person by reason of any content added by you to or through exdpic.com.

Please do not publish any information you are not happy to leave up indefinitely. You agree that your content displayed on exdpic.com may continue to appear on exdpic.com.

We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, you must not publish it on exdpic.com. We are not responsible for a user's misuse or misappropriation of any content or information you publish on exdpic.com.

8.1 Defamatory Content

If you believe any content on exdpic.com is defamatory please notify us immediately. we will take all reasonable endeavours to remove any defamatory material after identifying it as such within a reasonable period of time.

8.2 Content infringing Intellectual Property Rights.

If you believe any content on exdpic.com infringes on your intellectual property rights, please notify us immediately. we will take all reasonable endeavours to remove infringing content after identifying it as such within a reasonable period of time.

9. Feedback, suggestions and submissions about exdpic.com

From time to time users contact us with feedback, suggestions and submissions about exdpic.com and how to improve the site and services we offer. we welcome your input, and the following terms ensure that we can use your contributions to improve exdpic.com.

You do not have to submit anything to us about exdpic.com, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.

By making a submission to us about exdpic.com, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to us about exdpic.com.

10. Links to and content of third party sites

10.1 Links to other websites

exdpic.com contains links to other websites operated by third parties over whom we have no control. Such links are provided for your convenience only and we accept no responsibility or liability in respect of the content or use of other websites. Such links do not amount to an endorsement or recommendation of these sites us. we do not exercise any control or supervision over the content of these linked sites.

We are not responsible for the content or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by us.

Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The fact that these links appear does not mean that we endorse these third party sites or services.

If you do decide to leave the exdpic.com site and access third party sites you do so at your own risk. Third party sites linked via the exdpic.com site are not covered by these Terms of Use. You should not assume that these third party websites will abide by the same Privacy Statement to which exdpic.com adheres to.

10.2 Links to exdpic.com

You may link to exdpic.com if (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

By linking to exdpic.com you are granting permission to exdpic.com to link to your site.

11. Intellectual property

All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software vest in exdpic.com unless otherwise indicated. We reserve all of our rights.

The above does not include Materials which are the property of users.

You acknowledge that all trade names, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trade marks and other intellectual property rights in and relating to exdpic.com (collectively "Intellectual Property") are solely owned by Peter Dongan.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Material at exdpic.com without our written permission.

12. Our rights and responsibilities

12.1 Liability and accuracy:

We do not give any warranty or make any representation as to the accuracy or completeness of the information contained on exdpic.com. Content published on exdpic.com is not intended to amount to advice on which reliance should be placed. we disclaim all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents. we do not make any warranty that the exdpic.com is free from infection by viruses or anything else that has contaminating or disruptive properties. Under no circumstances shall we be held liable for any delay or failure in performance regardless of the reason for the delay or failure.

we do not give any warranty or make any representation as to the identity of any user on exdpic.com. Any use of, or reliance placed on, any content on exdpic.com by any user, or obtained by you through exdpic.com, is at your own risk.

Users of exdpic.com should satisfy themselves as to the accuracy, completeness and reliability of the information contained on exdpic.com.

Under no conditions and in no event shall we be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

12.2 Users:

We may at our sole discretion for any reason (i) disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of exdpic.com, (ii) remove and discard any content or (iii) lock any content to prevent users from editing it including the original authors with or without notice, and with no liability of any kind to you.

12.3 Availability of service:

we may at its sole discretion and at any time, discontinue temporarily or permanently providing exdpic.com, or any part thereof, with or without notice.

You agree that any termination of access to exdpic.com under any provision of these Terms of Use may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or exdpic.com.

exdpic.com may be temporarily unavailable from time to time for maintenance or other reasons. we accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to exdpic.com. However you agree that we shall not be liable to you or any third party for any inability to access exdpic.com, termination or suspension of access to exdpic.com or modification of the service provided by exdpic.com.

12.4 Indemnity and waiver

You agree to indemnify, defend (at our request), and hold us harmless from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

  1. Your use of exdpic.com,
  2. The violation of these Terms of Use, our Privacy Statement,
  3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use exdpic.com,
  4. The infringement of any intellectual property rights of any person or entity.

You acknowledge that your use of exdpic.com including any material downloaded or otherwise obtained through exdpic.com is at your own discretion and risk and you agree to waive any right to bring any claim or action against us for any loss, damage, costs or injury arising from such use.

13. Entire agreement

These Terms of Use and our privacy policy make up the entire agreement between you and us and supersede any prior agreement.

14. No partnerships/joint ventures

Nothing in these Terms of Use or our privacy policy shall be construed as forming a partnership or joint venture with you. No third party shall have the right or ability to create any obligation on our behalf.

15. Governing law

The agreement shall be governed by Irish law and you consent to the exclusive jurisdiction of the Irish courts in all matters regarding this agreement and your use of exdpic.com.

16. Severability

If any provision of these terms of use is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

17. No waiver

Failure to enforce any provision of these Terms of Use shall not amount to a waiver of such provision.

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