Terms of Service

Definitions

Welcome to MissionPics.com, a file sharing and file viewing service incorporated in and doing business in the State of Arizona. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “MissionPics,” “MissionPics.com,” “us,” “we,” and “our,” refer to us, Pretnd Enterprises, LLC, our website, MissionPics.com, or our service, MissionPics, as is appropriate in the context of the use of the words. Likewise, the words “member”, “you” and “your” refer to you, the person who is being presented with this document for your agreement.

Agreement for accessing and/or subscribing to MissionPics.

The MissionPics.com site is a media hosting provider and is provided by "MissionPics.com" on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, "MissionPics.com" makes no representations or warranties, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. "MissionPics.com" shall have no liability for any interruptions in the use of this web site.

Eligibility

"MissionPics.com" membership is void where prohibited. User must be 13 years of age or older to use or access this web site.There is no maximum number of files our users can upload, but the total size should not exceed more than subscribed limitations. One gigabytes is the maximum total storage space each user gets free of charge. Additional space can be purchased for a larger storage capacity.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any illegal material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Disclaimer Regarding Information Provided by Members Images, photos or other uploaded and hosted materials ("Content") posted on, transmitted through, or linked from the MissionPics.com Hosting Service ("Service"), are the sole responsibility of the person from whom such Content originated. You're also agreeing that MissionPics.com has permission to store, index, manipulate materials uploaded to the Service. Consequently, you, the member are entirely responsible for all Content that you post or otherwise make available via the Service. Service is not responsible for, Content made available through the Service, and that by using the Service, you may be exposed to Content that may be deemed offensive, indecent, inaccurate, misleading, or otherwise objectionable. Any communication or material you transmit or post using the MissionPics Service will be (a) treated as non-confidential and non-proprietary by MissionPics, (b) become the property of MissionPics and MissionPics shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by MissionPics licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And MissionPics shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MissionPics maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services ("Submission"), and therefore, you should not make any Submissions to MissionPics in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of MissionPics and MissionPics shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, MissionPics shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MissionPics shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MissionPics products and services.

Server Maintenance

MissionPics, its third party hosting provider, or any other party authorized by MissionPics may take action to maintain the servers provided by MissionPics. You agree that, without limiting the generality of any other provisions under this Agreement, MissionPics or authorized third parties are not liable in any way for such maintenance, nor any other server downtime or congestion which may affect the availability of files hosted at MissionPics.com.

Termination of Services

You agree that MissionPics.com, has the right to delete or suspend your account, block your IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any "Content" within the Service, for any reason, without limitation. In addition, you agree that MissionPics.com Hosting Service shall not be liable to you or any third-party for any early termination of your access to the Service.

Files uploaded to free accounts may be removed if the account is not logged in (inactive) for 90 consecutive days. An email notification may be sent prior to removal.

MissionPics.com Paid Service

MissionPics.com is not responsible in anyway for any damages or losses, either directly or indirectly, arising from your use of the Paid Service, or by your inability to use the Paid Service. When you subscribe to MissionPics Basic or MissionPics Plus, you agree to paying the monthly, or annual subscription fee for the plan you select. Payment is charged when you upgrade to a Paid Service Plan. We never store your credit card information on our servers. We use a third party vendor to process payments. This vendor may have access to your information for the sole purpose of processing payments but MissionPics will never store the information on its servers, nor is the information ever accessible by anyone at MissionPics. MissionPics does not offer refunds.

THE PAID SERVICE IS PROVIDED "AS IS", THERE ARE NO WARRANTIES, REPRESENTATIONS, CONDITIONS, EXPRESSED OR IMPLIED OF ANY KIND. THERE IS NO GUARANTEE THAT ACCESS TO OR USE OF THE PAID SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

Indemnification

You agree to indemnify, defend and hold MissionPics and its members, business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site. You will indemnify and hold MissionPics harmless from and against any claim, suit or proceeding brought against MissionPics arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold MissionPics harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of the User Submission.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, MissionPics shall have the sole right to elect which provision remains in force.

Software Requirements

MissionPics.com utilizes the latest web technologies. The site requires the latest version of Flash and Javascript must be enabled. Please upgrade to the latest browser for best experience.

About these Terms

We reserve the right to change the Terms of Service at any time, and you agree to abide by the most recent version of this agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Service each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.

Last update: 11/21/2013