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TERMS OF USE

BY USING FLICKRSKINS.COM YOU AGREE TO ACCEPT THE FOLLOWING TERMS CONDITIONS WHICH APPLY TO EITHER OR BOTH FREE AND PRO ACCOUNTS.

FlickrSkins reserves the right to change and or update, at any time, these terms and any other documents referred to herein.

1. ACCEPTANCE OF FLICKR.COM TERMS

A FlickrSkins User must be a Member of Flickr, abiding by all Flickr rules and (Community Guidelines) located at http://www.flickr.com/guidelines.gne. Because FlickrSkins is not affiliated with Flickr but only uses the API’s supplied by Flickr, by using FlickrSkins, you also agree to abide to all Flickr terms of service. The user also understands that FlickrSkins only interacts with Flickr to the limits of the API’s provided.

2. COPYRIGHT PROTECTION.

All images viewed on FlickrSkins are subject to the copyright protections provided by the copyright information as determined by the Flickr member. THE IMAGES ARE NOT TO BE COPIED, SCREEN CAPTURED, OR PRINTED from within the pages created by FlickrSkins.com.

3. DESCRIPTION OF SERVICE

3.1 FlickrSkins Free

FlickrSkins provides the user a free webpage on-the-fly creation device which allows creation of pages of differing designs to view photos stored on Flickr.com. The number and designs are limited in scope and number when compared with the Pro FlickrSkins account. Limitations may include the number of FlickrSkins, PicMixes and Albums a free user is able to create or edit. And a Free User will only be able to choose from a limited number of designs. Further a Free User will have advertisements placed upon their web pages.

3.2 FlickrSkins Pro

Pro FlickrSkins Users will be allowed to create FlickrSkins, PicMixes and Albums. Currently the number is unlimited. However if Pro FlickrSkins Users are found creating multiple pages for monetary use or as a detriment to FlickrSkins, the number may be limited in the future to a number which will deter that detrimental usage.

4. PAYMENT TERMS

4.1 General Terms

Payment for Pro Membership Subscription will be immediately charged to your PayPal account upon acceptance of these terms and clicking the appropriate buttons in your PayPal account. The date of subscription will be one year from the date of purchase.

4.2 Payment for Pro Subscription

All payments are paid in advance of services and not automatically renewed upon the expiration of the subscription. The subscription can be paid in terms of one through ten years at a rate set currently at $10.00 per year. That rate can increase at any time, but increases would only be enacted after a subscription has expired. For example, a user with a five year subscription would not see an increase until the end of his fifth year even though there was a price increase to $15 in year three. He would only be subject to the new subscription price upon the end of his subscription. If a Pro Subscriber chooses not to renew his account, his status would revert to a Free Account user and once again only a limited number of his FlickrSkins, PicMixes, and Albums would be available. Existing FlickrSkins, PicMixes and Albums would not be deleted, and would be re-activated upon payment of the new subscription.

Free Users will not be charged for their Free Account period when they convert to a Pro account.

4.3 Age of User

FlickrSkins users must fall into the same age criteria as Flickr users. FlickrSkins is not to be used by children under 13 without adult supervision and acceptance of this agreement.

4.4 Payment via PayPal.com

FlickrSkins currently accepts payment only through PayPal. PayPal is easy and convenient and allows users to create a credit card based payment system through their service.

4.5 NON-REFUNDABLE

Payments to FlickrSkins for subscriptions are non-refundable - period. FlickrSkins is subject to the whims of Flickr.com and reliant upon its continued support of the API program. User understands the risk involved of losing all payment and services at any time. Payments not partial payments will not be returned for any reason, this includes any interruption of services, discontinuation of service, or change of ownership of FlickrSkins. Partial payments will not be made for cancellation for any reason at anytime.

4.6 Termination

If your membership with Flickr is canceled for any reason, and/or your Yahoo! Service is revoked, FlickrSkins will terminate your account. Any and all FlickrSkins, PicMixes, and Albums will be deleted upon a termination of your Flickr Account.

5. FLICKRSKINS’ RESERVATION OF RIGHTS

FlickrSkins expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of FlickrSkins Free or Pro, if FlickrSkins, in its sole discretion believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the terms of this agreement. In such event, your FlickrSkins pro account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts you’ve paid for such account. FlickrSkins accepts no liability for information or content that is deleted.

6. INDEMNITY

You agree to indemnify and hold harmless FlickrSkins, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to FlickrSkins Free or Pro Account, your violation of the Terms of Use, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

7. PRIVACY

You agree that you have been informed and agree to abide by our Privacy Policy. http://www.flickrskins.com/privacy.php.

9. OBJECTIONABLE MATERIAL

You agree that you use FlickrSkins at your own risk and creating FlickrSkins, PicMixes or Albums, you understand that, you may encounter content from Flickr which may be considered indecent, offensive, or objectionable, without being warned in advance. FlickrSkins shall not have any liability to you or anyone whom you show or direct to the content for content that may be found to be offensive, indecent, or objectionable.

10. LOCATION OF LAWSUIT

The FlickrSkins terms of use, which apply to your FlickrSkins account, provides that both you and FlickrSkins agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Westchester, New York.