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Pictogame service Beta-Test Terms of Use 04/2007

PLEASE READ these TERMS OF USE CAREFULLY.

By accessing and/or using the server, or by using and/or visiting this Website, or by linking or embedding widgets and embedded players from this website, you certify that you have read, understood and accepted the terms, conditions and limitations of these Terms of Use and you signify your assent to these Terms of Use.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND LIMITATIONS OF THESE TERMS OF USE, YOU WILL NOT BE PERMITTED TO USE THE SERVICE, AND YOU MUST PROMPTLY UNINSTALL AND DELETE THE LINKS OR WIDGETS OR EMBEDDED PLAYERS FROM ANY AND ALL OF YOUR WEB-SITES OR BLOGS ON WHICH THEY APPEAR AND CEASE ALL OF YOUR USE OF THE PICTOGAME SERVERS.

1. Definitions

"Documentation" means the user manuals, training materials, and operating materials relating to the SERVICE, if any, ZSLIDE provides to you under these TERMS OF USE.
"Intellectual Property Rights" means any trade secrets, patents, copyrights, trademarks, know-how, moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including all applications and registrations relating to any of the foregoing.
"Embedded Player" or "Widget" means a snipet of code which displays and runs content from Pictogame, whether interactive or not, when it is included into a web-page, a blog, or a social network profile page.

2. Beta stage

You expressly recognize that the SERVICE is currently under development in "beta stage" (as that term is used in the IT industry) and still contains many "bugs" (as that term is used in the IT industry) and that it may not function as intended and should be used with utmost care.
You expressly agree to receive e-Mail messages from ZSLIDE relating to the beta-testing process, and commit to upgrading widgets or embedded players from the SERVICE when requested by ZSLIDE or otherwise to stop using these widgets or embedded players.
You should not use the SERVICE if you are not sufficiently proficient with computers and the web to fully understand the implications of using "beta stage" SERVICE (as that term is used in the IT industry).
You expressly commit to using the SERVICE at your own risk, and under the conditions and restrictions set forth in these TERMS OF USE.

3. Pictogame Website

3.1 Pictogame Website: These Terms of Use apply to all users of the Pictogame Website, located on "pictogame.com", including users who create games or submit pictures or links or provide information, and other materials or services on the Website. The Pictogame Website may contain links to third party websites that are not owned or controlled by ZSLIDE. ZSLIDE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ZSLIDE will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ZSLIDE from any and all liability arising from your use of any third-party website.

3.2 Permission:

3.2.1. ZSLIDE hereby grants you permission to use the Pictogame Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without ZSLIDE's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

3.2.2. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ZSLIDE immediately of any breach of security or unauthorized use of your account. Although ZSLIDE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ZSLIDE or others due to such unauthorized use.

3.2.3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Pictogame servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, ZSLIDE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ZSLIDE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

3.3 Restriction: You acknowledge that the SERVICE contains ZSLIDE trade secrets and accordingly you agree, to the extent permitted by applicable law, that you shall not cause or permit reverse engineering, disassembly, de-compilation, or make any attempt to discover the source code of the SERVICE. You will not alter or impair any acknowledgment of copyright or other intellectual property rights of ZSLIDE or any other right owner that may appear in the SERVICE and Documentation. You shall not (i) further distribute, assign or resell the SERVICE, (ii) rent, lease or loan the SERVICE, (iii) use the SERVICE for profit, (iv) use the SERVICE for any unlawful purpose or (v) use the SERVICE to infringe on the copyright laws of your country of residence or (vi) use the SERVICE other than for testing and evaluation purposes.

3.4 User Submissions Intellectual Property Rights:

3.4.1 The Pictogame Website may now or in the future permit the submission of Picture, Texts, Parameters, Videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ZSLIDE does not guarantee any confidentiality with respect to any submissions.

3.4.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ZSLIDE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Pictogame, you hereby grant ZSLIDE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pictogame Website and ZSLIDE's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Pictogame Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Pictogame Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Pictogame Website.

3.4.3 In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ZSLIDE all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ZSLIDE or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, 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; (iv) post advertisements or solicitations of business: (v) impersonate another person. ZSLIDE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ZSLIDE expressly disclaims any and all liability in connection with User Submissions. ZSLIDE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ZSLIDE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ZSLIDE reserves the right to remove Content and User Submissions without prior notice. ZSLIDE also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. ZSLIDE may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

3.4.4 You understand that when using the Pictogame Website, you will be exposed to User Submissions from a variety of sources, and that ZSLIDE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZSLIDE with respect thereto, and agree to indemnify and hold ZSLIDE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

3.4.5 ZSLIDE permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, the Pictogame Website provides "Embeddable Player" and/or "Widget" features, which you may incorporate into your own personal, non-commercial websites or blogs or social network profile pages, for use in accessing the materials on the Website, provided that you include a prominent link back to the Pictogame website on the pages containing the Embeddable Player. ZSLIDE reserves the right to discontinue any aspect of the Pictogame Website at any time.

4. Ownership

ZSLIDE retains all right, title, and interest under its Intellectual Property Rights to the SERVICE and the Documentation. Except for the license expressly granted in Section 2, you obtain no rights in the SERVICE or Documentation.

5. Support

ZSLIDE shall have no obligation under these TERMS OF USE to provide support for TESTER's use of the SERVICE.

6. Disclaimer of Warranty and Limitation of Liability

6.1 THE SERVICE AND DOCUMENTATION ARE BEING PROVIDED BY ZSLIDE TO TESTER ON AN "AS IS, WITH ALL FAULTS" BASIS. ZSLIDE MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL ZSLIDE BE LIABLE TO TESTER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS' OR EXPERTS' FEES), INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SERVICE OR DOCUMENTATION OR OTHERWISE ARISING OUT OF OR RELATED TO THE SERVICE, THE SERVICE OR DOCUMENTATION, WHETHER OR NOT ZSLIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZSLIDE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ZSLIDE from its facilities France and in the United States of America. ZSLIDE makes no representations that the Pictogame Website is appropriate or available for use in other locations. Those who access or use the Pictogame Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

6.2 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of use. In any case, you affirm that you are over the age of 13, as the Pictogame Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Pictogame Website - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

7. Assignment

these TERMS OF USE shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and permitted assigns. ZSLIDE will have the right to assign these TERMS OF USE without prior written notice to you. You may not assign or transfer any of its rights or delegate any of its obligations hereunder without the prior written consent of ZSLIDE.

8. Governing Law

THESE TERMS OF USE WILL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FRANCE. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF, AND AGREE THAT ANY LEGAL PROCEEDING WITH RESPECT TO OR ARISING UNDER THESE TERMS OF USE SHALL BE BROUGHT IN THE COMMERCIAL COURT OF PARIS, FRANCE.

9. General

These TERMS OF USE embrace the full, complete understanding of the parties as to the subject matter hereof. All prior representations, understandings and agreements regarding the subject matter hereof whether written or oral, expressed or implied, are superseded and shall be of no effect. In the event of conflicting provisions between these TERMS OF USE and a duly executed collateral agreement, the duly executed collateral agreement shall control.

10. Modifications

ZSLIDE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS OF these TERMS OF USE AT ANY TIME. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS, AND WE STRONGLY URGE YOU TO DO SO. CONTINUED USE OF THE SERVICE AFTER ANY CHANGES TO these TERMS OF USE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. ZSLIDE DOES NOT AND WILL NOT ASSUME ANY OBLIGATION TO NOTIFY YOU OF ANY CHANGES TO THESE TERMS OF USE.