TERMS & CONDITIONS

“PicSlinger” is a web and mobile device based application developed and owned by Fits&Starts, LLC. In order to establish a “PicSlinger” account and participate, you must be at least 13 years old. In order to maintain your account you may not post violent, nude, partially nude, or sexually suggestive photos and you are completely responsible for any activity that occurs under your screen name. Further, you must not abuse, harass, threaten, impersonate or intimidate other “PicSlinger” users nor use “PicSlinger” for any illegal or unauthorized purpose. You agree to comply and not violate any and all local laws, rules, regulations and ordinances, including, but not limited to, those regarding online conduct, acceptable content and intellectual property.

Regarding your “PicSlinger” account, you are solely responsible for maintaining the security of your password and your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post, and display on the “PicSlinger” service ("Content"). You are strictly prohibited from modifying, adapting or hacking “PicSlinger” or modifying another website so as to imply its association with “PicSlinger” or Fits&Starts, LLC. You are further strictly prohibited from crawling, scraping, or otherwise caching any content from “PicSlinger”. Finally, you are strictly prohibited from spamming other “PicSlinger” members, using web URLs in your profile name, transmitting any worms or viruses or any code of a destructive nature.

If you violate any of these Terms and Conditions, your account will be terminated. You hereby understand and agree that “PicSlinger” and/or Fits&Starts, LLC cannot be responsible for the content posted and may be exposed to such materials. You are using “PicSlinger” at your own risk.

“PicSlinger” and Fits&Starts, LLC reserve the right to modify or terminate the “PicSlinger” service for any reason or no reason whatsoever, without notice at any time. Furthermore, “PicSlinger” and Fits&Starts, LLC reserve the right to alter these Terms & Conditions at any time and to refuse service to anyone for any reason at any time. “PicSlinger” and Fits&Starts, LLC reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users. “PicSlinger” and Fits&Starts, LLC may, but is not obligated to, remove Content and accounts containing Content that “PicSlinger” or Fits&Starts, LLC determine in our sole and absolute discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. “PicSlinger” and Fits&Starts, LLC reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

“PicSlinger” and Fits&Starts, LLC disavow any ownership rights in the Content and you hereby grant to “PicSlinger” and Fits&Starts, LLC 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. You hereby agree that “PicSlinger” and Fits&Starts, LLC may place advertising and promotions on the “PicSlinger” services or on, about, or in conjunction with your Content.

You hereby represent and warrant to “PicSlinger” and Fits&Starts, LLC that: you own, or have the rights to post, the Content posted by you on or through the “PicSlinger” services and posting such Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the “PicSlinger” services.

The “PicSlinger” services contain content of “PicSlinger” ("“PicSlinger” Content"). “PicSlinger” owns and retains all rights in the “PicSlinger” Content and hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the “PicSlinger” Content (excluding any software code) solely for your personal use in connection with viewing the site and using the “PicSlinger” services. Except as provided within these Terms & Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the “PicSlinger” services.

From time to time, “PicSlinger” and Fits&Starts, LLC will be required make the “PicSlinger” services and site unavailable for maintenance, upgrades, emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of “PicSlinger” and Fits&Starts, LLC. “PicSlinger” and Fits&Starts, LLC will not be liable to you or any third party for any modification, suspension, or discontinuation of the “PicSlinger” services, site, application or the loss of any Content.