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Workpic, Inc. Terms of Service
Welcome to Workpic
Updated 1/23/08
1. Acceptance of Terms of Service and Representations you provide for Payment
These Terms of Service ("Terms") shall constitute an Agreement between you and Workpic. Your use of any part of Workpic's Service, which includes this Site and any of its related features and tools, will signify your acceptance of these Terms in full, whether you are a member (registered user) or non-member (unregistered user). Workpic Inc offers two service types FREE and "PRO". In order to use or continuing using this Service as a member "PRO", you must provide true, accurate, current and complete information as may be requested by Workpic. Provide a valid credit card for monthly charging for the "PRO "membership $19.95 per month. You hereby authorize Workpic Inc. too charge your credit card on a recurring monthly basis. You may cancel your "PRO" membership at any time. Upon cancellation of your "PRO" membership your profile will automatically revert to a free profile. All sales are final. Workpic Inc. will not provide a refund for partial month's service.
2. Age Requirements
You must be at least 13 years old to use this service. We apologize for any inconvenience this may cause. This age restriction is part of Workpic's commitment to ensure compliance with federal law. Workpic does not provide content directed toward children and Workpic's Service is not currently intended for use by children. We do not monitor, screen, nor pre-approve content provided by users. If you are a parent, we encourage you to monitor your child's use of the Internet and to block access to any sites you may feel are inappropriate for your child.
3. User Conduct
You promise NOT to use this Service for any of the following purposes or activities:
a) Conducting or supporting illegal activity of any type whatsoever;
b) Transmitting or storing, in any way, worms or viruses or any code of a destructive nature;
c) Sharing / storing content that is threatening, harassing, abusing, impersonating, injuring or intimidating others;
d) Disrupting or otherwise interfering with others' use of this Service, unless such interference is for the purpose of complying with another section of these Terms;
e) Delivering spam or collecting information to deliver spam, or otherwise sending unsolicited email advertisements;
f) Providing access to sexually oriented or adult content for commercial purposes;
g) Sharing / storing adult content in a public or private album;
h) Collecting personal information from minors;
i) Attempting to decompile or disassemble, reverse engineer or otherwise attempting to discover any source code contained in this Service;
j) forging headers or manipulating identifiers or other data in order to disguise the origin of any content transmitted through Workpic sites or to manipulate your presence on Workpic sites; and/or
k) Causing the launch of any automated system, such as "robots," "spiders," and "offline readers," that access this Service in a manner that sends more request messages to Workpic's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. However, notwithstanding the foregoing, Workpic grants the operators of public search engines permission to use spiders to copy materials from its sites for the sole purpose of creating publicly available searchable indexes of the materials. Workpic reserves the right to revoke exceptions at any time.
In addition, you also agree to comply with any and all other conduct requirements set forth in other sections of this Agreement.
4. Limitations and Service Related Restrictions.
You agree that Workpic can establish, at its sole discretion, from time-to-time, at any time, limitations and/or restrictions on your use of this Service. These limitations and restrictions currently include, without limitation, the following:
a. Restrictions Related to Content Type. You agree not share any content through this Service that violates any applicable criminal or civil law and that you will bear the burden of ensuring compliance with all such law. If you choose to share legal adult content, Workpic requires (i) that you share it only in private albums and not in any public albums and (ii) that you not allow any person under the age of 18 (eighteen) to access any private album you control that has such legal adult content. Also, you agree not to share any offensive, abusive, inappropriate or inflammatory content in any public album. You further agree to preserve the integrity of all albums to which you share content by sharing only content that is appropriate for the album, based on relevant community standards for any given albums. Workpic reserves the right, at its sole discretion and at any time, to delete content you share in violation of this Agreement and to restrict access to any album, private or public, for any reason and by any mechanism, including a user age verification system.
b. Community Voted Restrictions. Members of this Service have the ability to identify content they feel is inappropriate or offensive within the context of a particular album, and to flag it. This function can be selected by users when viewing media within a albums. Only members may use the function. Each time a flag is set the albums owner is automatically notified by the Service. If the media owner is not the same member as the albums owner, a copy of the notification will be sent to the media owner. The notification will not in any way disclose the identity of the member who set the flag or include the member's comments. If any specific content is flagged as inappropriate within a specific albums by five (5) or more members, this Service automatically removes the content from the albums and generates a notice to the albums owner (and media owner, if different) indicating that the media has been removed. The albums owner may appeal the action by writing an email to Workpic at flaggedmedia@Workpic.com, stating the basis for the appeal. However, the review of any appeal is at the sole discretion of Workpic and Workpic will normally not provide any explanation for any final decision made with regard to such appeal, except under extraordinary circumstances. This policy is implemented automatically and consistently, without bias, and does not reflect the opinions or view point of Workpic as to any particular content.
PLEASE NOTE: We urge you to exercise tolerance when using the flagging function and to only use it as is reasonably necessary to maintain the integrity of albums. Any abuse of the function by you can result in the termination of your membership with this Service. (The terms "album owner" and "media owner" as used in this Section 4, are not intended in a legal sense and shall not be construed in conflict with any section or provision of these Terms, including, without limitation, sections 10 through 13 and 16)
c. Restrictions Related to Sharing to Non Members. Members of this Service can use a sharing function to grant non member(s) the right to view the Members' private album(s). Workpic encodes a "guest link" in an email message sent to the non member(s) as a result of your use of the sharing function. The guest link gives the non member recipient the right to access the private albums. You are hereby placed on notice that when you use the sharing function for granting private albums access to non members, the email containing the guest link is subject to the risk of re-distribution, and all those who receive a forwarded copy of the email have identical access abilities as the non member to whom you initially granted access. All restrictions set forth in this Agreement regarding sharing of content apply to you regardless of the mechanism you use to share content. Therefore, if and when you grant non members access to your private albums(s) using the sharing function, you are responsible for the consequences and actions that may result or arise from anyone that views your private albums(s) via your guest link. You warrant and represent that you will exercise all necessary legal precautions to comply with any applicable law when using the sharing function to grant non members access to your private albums.
PLEASE NOTE: If Workpic receives complaints from outside parties regarding any guest link that you send or cause to be sent, Workpic may, at its sole discretion without prior notice to you, immediately delete any offending content complained of, disable albums(s) containing the offending content and/or prevent the offending "guest link" from being sent by you again.
5. Dealings with Others
(a) You may interact with others through this Service. You agree that those interactions with others on or through this Service, including any transactions with others, do not involve Workpic and are solely between you and the other(s). Workpic is not responsible or liable for any consequences or results, stemming from your interactions with other (s) through this Service, regardless of the type of consequences or results, and regardless of the nature of the interaction. You further understand and agree that the limitations on Workpic's liability in Section 17 below, and the disclaimer of warranties in Section 18 below, apply equally to any of your dealings with other(s) via this Service.
(b) You understand that the comments or material of others that identify your content or are displayed in connection with your content may be disparaging, defamatory, embarrassing, or otherwise unfavorable, which could expose you to public ridicule, humiliation or condemnation. As further set forth in Sections 17 & 18 below, Workpic expressly disclaims any liability for any such third party actions whatsoever, including such comments or material they may provide.
6. Privacy
Workpic understands that your privacy is important to you. Thus, Workpic has a Privacy Policy to explain to users how their information is collected and used. Your use of this Service signifies your agreement to our privacy policy, including consent to allow any information you provide to us to be used in the manners consistent with those listed in our policy. Also, Workpic may disclose any information collected about the members of this Service, if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to legal process, or in the good faith belief that such disclosure is necessary to enforce these Terms, respond to claims that any Content violates the rights of third-parties, respond to claims that contact information of a third-party has been posted or transmitted without their consent or as a form of harassment or to protect the rights, property, or safety of Workpic, its users or the general public.
7. Workpic ID, Username and Password
You understand and agree that you are solely responsible for safeguarding all access rights that you have for any activity under your Workpic ID. Therefore, you must guard and diligently protect your user password and secret word, and be selective in providing any "guest secret words" to others. You are fully responsible for changing your password, secret word, and guest secret words in the event of inappropriate use. Also, in the event that your Workpic ID is obscene, indecent, abusive or that which might otherwise subject Workpic to public disparagement or scorn, Workpic may, at its sole discretion, and without prior notice to you, change your Workpic ID and/or require that you change your Workpic ID and deny you access to this Service until your Workpic ID is changed in a manner sufficient to meet Workpic requirements.
8. Non-transferability of Workpic ID
Any username and password for any Workpic ID you establish, or right given to you to access particular content through this Service, is not transferable or assignable, except that under certain circumstances of your sole discretion and acceptance of reasonability, you may provided to others for use at your discretion.
9. Content-General
You, and only you, are responsible for your conduct and activities arising during use of this Service and for any content or material you provide to or through this Service. You are also responsible for all content uploaded to your account by others using your guest secret word(s). Users (which include Members and non-Members) of Workpic's Service provide much of the "content," including images, audio, text, messages, files, comments, posts, keywords, etc. Also, users may sometimes create links within this Service to outside online content that has not otherwise been posted, uploaded or transmitted to this Service. You agree that Workpic is not responsible for nor liable for, any mistakes, inaccuracies, lack of usefulness, defamation, omissions, falsehood, obscenity, pornography, profanity or otherwise offensive material in any of the content, whatsoever, whether it is linked content, or content otherwise viewable or accessible through this Service (which includes any and all sites related to Workpic's Service, including the site you are currently accessing). You also understand that Workpic does not, and has no obligation to, pre-screen nor pre-approve content, but that Workpic shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any content that is available via the Service, for any reason, including a violation of any of these Terms.
10. Content-Ownership
You agree that your use of this Service does not grant you any ownership or other intellectual property rights in any content provided by Members or non-Member users. You also agree that Workpic is not responsible in any way whatsoever, for protecting any intellectual property rights you may assert in your content. Furthermore, Workpic will not provide intellectual property notices or markings on any content you provide, and only you can ensure that such notices or markings are present on your content to put other users on notice of your claimed rights. Workpic will respond to certain complaints about copyright infringement as set forth in Section 11 below. You warrant and represent to Workpic that you are not infringing the intellectual property rights of others whenever you provide content on or through this Service and you agree to fully indemnify and hold Workpic harmless for any infringement of the rights of others caused by your use of this Service, as further set forth in Section 14 below.
11. Policy Regarding Allegations of Copyright Infringement
Workpic responds to notices of alleged copyright infringement in a manner compliant with the Digital Millennium Copyright Act. To provide or respond to notices of copyright infringement, you will need to take the following steps:
NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you have a "good faith" belief that content provided on this Service infringes your rights, and you wish for Workpic to address the accused infringing content, you must first provide the following information in the manner described in lines (1)-(7), which you can provide in a document entitled "Notification":
(1) Identify the copyright work you claim is infringed. What is the original copyright work you claim is infringed?
(2) Identify the content that you claim is infringing the copyright work. You also need to provide enough information for Workpic to locate the accused content on our Site(s).
(3) Provide your contact information, including full name, mailing address, telephone number, and email address, if available.
(4) Provide a statement that you have a "good faith" belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."
(6) Provide your signature on the Notification (or an electronic signature).
(7) Send your Notification to our Designated Agent address at:
Workpic, Inc.
Designated Agent
1415 Colonial Blvd.
Fort Myers, Fl. 33907
Or Supportagent@Workpic.com
You should take statements 4, 5 and 6 above in the Notification very seriously. Complainants can be forced to pay significant fines and sanctions for misrepresenting copyright claims. If you are in any way unsure of your copyrights or the infringement of your copyrights, we strongly urge you to contact an attorney before filing your Notification with us. If we receive your Notification, and the Notification substantially complies with the above requirements from the DMCA, Workpic will remove or disable access to the accused material, subject to all other requirements of the DMCA. Some of the requirements are that if Workpic does remove or disable access to the accused material, we must promptly attempt to notify the member - (if the member contact information is reasonably available to us) who uploaded the accused material that this has been done. The member will be provided an opportunity to submit a "Counter Notification." If Workpic receives a "Counter Notification," we will provide a copy to you. It will accompany a notice to you that we need to replace the removed material, or cease disabling access to it in ten (10) business days, unless our Designated Agent first receives notice from you that you have filed an action in court seeking an order to restrain the member or user from engaging in infringing activity relating to the accused material on Workpic's Service.
COUNTER NOTIFICATION
If Workpic removes or disables access to content you provide as a result of a NOTIFICATION of alleged copyright infringement, we will promptly attempt to identify and notify you if we have reasonable access to your contact information. If you disagree with the allegation of copyright infringement, you can provide a COUNTER NOTIFICATION, which must include the following:
(1) Identify the content (material) that has been removed or to which access has been disabled.
(2) Provide this statement: "I swear under penalty of perjury that I have a good faith belief that the content removed or disabled was the result of a mistake or misidentification of the content."
(3) Provide your name, address and telephone number and email address (if available).
(4) Provide this statement: "I consent to the jurisdiction of the Federal District court for the judicial district in which the address (above) is located, or if my address is outside the United States, the Western District of Washington State, USA, and I will accept service of process from the person who provided the notification/complaint or that person's agent."
(5) Sign the document (or provide an electronic signature).
(6) Send the COUNTER-NOTIFICATION to our designated agent at:
Workpic, Inc.
Designated Agent
1415 Colonial Blvd.
Fort Myers, Fl. 33907
Or customersupport@Workpic.com
You should take statements 2 & 4 above in the Counter-Notification very seriously. Misrepresentations made by those accused of copyright infringement can result in the payment of enhanced damages, fines and/or sanctions. If you are in any way unsure of whether there has been an infringement, we strongly urge you to contact an attorney before filing your Counter-Notification with us.
12. License to Use
If you accept the Terms of this Agreement (by using this Service), you are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Workpic at any time) to access and use our Service via this site, strictly in accordance with this Agreement and its Terms. Subject to the license granted herein, Workpic retains all right, title and interest in this Service, and all of Workpic's products, software, and other properties provided to you or used by you through this Service.
13. License You Provide to Workpic
Workpic does not claim ownership in your content and your posting of content to Workpic's Service does not transfer any ownership rights in the content to Workpic. Workpic provides content sharing services, and by using this Service, you hereby grant a license to Workpic in the content you post, which aids Workpic in providing its Service. The license you grant to Workpic is a worldwide license to use, copy, perform, display, and distribute the content you provide (including any commentary or electronic files of any type), and to prepare derivative works of, or incorporate into other works, your content. The license you provide to Workpic is non-exclusive (that is, you can still license your content to other parties), fully paid, royalty-free, perpetual and irrevocable and you agree to allow Workpic to grant and authorize sublicenses under the license (in other words, Workpic can sublicense the content to others under the license you provide to Workpic, but Workpic will only do so to promote and provide its Service, such as, for example, to other parties that aid Workpic in delivering the content electronically over networks). Workpic will only use the content in the course of providing or promoting Workpic's Service.
If and when you cancel your membership, your workspace and all albums you created will be converted to free public albums from Workpic's Service. Workpic will reasonably attempt to delete any content you provide in private album(s) and your workspace. However, you acknowledge and agree that copies, derivatives of the content, or copies of such derivatives, may still reside within Workpic's Service, such as, for instance, backup copies. Also, in some circumstances, other users to which you provide access to content may cause copies or derivatives of that content to be created or transmitted, that later reside in multiple locations, within this Service or elsewhere. Workpic does not guarantee, nor is Workpic responsible for, removal of all traces of the content from this Service after you delete the content, or after your membership is canceled or terminated, and Workpic is not responsible for copies of the content that reside elsewhere outside of its Service. If you cease to be in Good Standing for any reason, Workpic, Inc. may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings to forums, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.
14. Indemnification
You agree to indemnify, defend and hold harmless Workpic, its partners, shareholders, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") from any liability, loss, claim and expense related to, or arising out of, content you or anyone using your guest secret word(s) submit, post, upload, transmit or make accessible to or through this Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate. Workpic may disclose information about its members or users (if information is provided to Workpic regarding the user) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
16. Termination by Workpic
Workpic endeavors to maintain great relationships with the Members, and will make best efforts to inform you prior to taking any necessary action that may impact your service. However, certain circumstances may arise that require Workpic to act, at its discretion immediately, to preserve the integrity of the Service. You agree that Workpic has the right, at its sole discretion, to terminate your access to this Service (or any part thereof), immediately and without notice, and to remove and discard any content within the Service, for any reason, including, without limitation, if Workpic believes that you have acted inconsistently with the Terms. You agree that Workpic shall not be liable to you nor any third-party for any termination of your access to the Service and that all limitations on liability in Section 17 apply. Furthermore, you agree not to attempt to use the Service after said termination. Notwithstanding any termination, Sections 1, 4, 6, 9-11, 13-15 and 17-21 shall survive any termination of your access to this Service. Workpic will terminate a user account if they are determined to be a repeat infringer.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WORKPIC BE LIABLE TO ANY USER (WHICH INCLUDES NONMEMBERS AND MEMBERS) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON WORKPIC'S SERVICE.SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, GENERAL AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (REGARDLESS OF WHETHER WORKPIC 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 THE WORKPIC SERVICES, FROM INABILITY TO USE THE WORKPIC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WORKPIC SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WORKPIC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WORKPIC SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WORKPIC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WORKPIC SERVICES. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WORKPIC SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE WORKPIC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. [SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.] Without limiting the foregoing, under no circumstances shall Workpic be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
18. Disclaimer of Warranties
ANY INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THIS SITE AND SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). YOU UNDERSTAND AND AGREE THAT USE OF THE WORKPIC SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WORKPIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WORKPIC SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WORKPIC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON WORKPIC'S SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON WORKPIC'S SITE(S). TO THE FULLEST EXTENT PERMITTED BY LAW, WORKPIC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WORKPIC SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
19. Other Important Terms
This is an integrated Agreement, and these Terms constitute the entire and the only agreed upon Terms between you and Workpic. No other terms made outside of this Agreement shall apply. These Terms and this Agreement may be modified at any time by Workpic, from time-to-time, and any such modification shall replace any and all prior version of this Agreement, between you and Workpic, and shall take such effect immediately upon being posted by Workpic to this site. Thus, please check for updates of this Agreement. This Agreement shall be considered to have been created in Lee County Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You and Workpic agree that any and all claims or legal action past or present resulting from "YOUR" use of this service or to enforce this Agreement shall be brought within the jurisdiction of the courts located within the county of LEE in the State of Florida. The language in this Agreement shall be interpreted as to its fair meaning and any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by Workpic in its sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with this Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Workpic's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If you are a resident of a state having a civil code section providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his/her favor at the time of executing the release, or any other provision having same or similar effect, you waive your rights under such provision unless otherwise prohibited by law. Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Pricing and Contact Information: Currently, there are charges only applied to "PRO" member accounts of Workpic's Service. Workpic is located in Fort Myers Florida at 1415 Colonial Blvd. Fort Myers, Fl. 33907 - (1-866-WORKPIC). Workpic reserves the right to install a cost structure or implement charges for its Service at any time.
20. International
This Service is presently provided for use within the United States. Workpic makes no representations that any materials, documents, licenses, or content on the Site(s) are appropriate or available for use in any particular location. With the understanding that this Service could be accessed internationally due to the international nature of the Internet, those who choose to access this Service, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, in addition to complying with these Terms. Also, you agree to abide by U.S. and other applicable export control laws and not to use this Service in any way to transfer, or aid in transferring, any Content (including software) subject to restrictions under such laws to a national destination prohibited under such laws (currently, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof), or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to this Service any data or software that cannot be exported without prior written government authorization and notification of this Service, including, but not limited to, certain types of encryption software.
Intellectual Property Notices the mark WORKPIC and the design(s) and stylizations associated therewith are the properties of WORKPIC INC., in the USA and elsewhere. The site(s) of this Service and related software are protected under US and international copyright laws and you are hereby notified that copyrights are claimed by WORKPIC INC. You agree to abide by any and all copyright notices displayed on this Service. You also agree not to attempt to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
21. Subscription
Workpic provides paid services features that require a subscription billing method. Your use of any part of Workpic's Service resulting in subscription billing is at your sole discretion. In the course of subscription billing or initial billing "YOU" agree to hold Workpic and its partners harmless for any and all additional fees resulting from your ( Banking or Credit Card or other providers you use to make payment to Workpic ) through the use of the subscription billing process or any payment made to your Workpic account for services or products. Particularly in the event you do not have sufficient fund to cover your subscription in your account you provided to Workpic for billing prepossess.
22. Entirety
This agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by Workpic Inc. or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Workpic Inc. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The failure of Workpic, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
23. Acceptance of Agreement
24. All sales final
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
Please enjoy the service.
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