Terms and Conditions ("Terms")
Last updated: July 5, 2017Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://nickpic.host website (the "Service") operated by NickPicHost ("NickPic", "NickPic.Host", "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service. Communications By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Any legal content is allowed. Content adult in nature needs to be flagged as such by checking the box that states it is unsafe. Any content not appropriately flagged will be removed without question at our judging. Any illegal content, warez, pirated content, etc is not allowed. If it is illegal in the state of California, the United States, and/or the United Kingdom, it is not acceptable. NickPicHost has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service are the property of NickPicHost or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from the original account holder. You retain all rights to hotlink and to link directly to said content that you created and uploaded to our service. You may use said direct and or hotlink in site elements, avatars, signatures, or as a content delivery network for a forum of moderate traffic in nature. For high traffic websites, please do not overload our servers. This service is meant to cater to the niche RPG, storyteller, artist, and designer communities. We appreciate the interest non-forum users have in NickPicHost, if your site does not fall into the niche of RPG, storyteller, artist, designer, or forum communities. In July 2017 NickPic.Host allowed persons outside the normal RPG, storyteller, artist, and designer communities to join, this includes forums on services such as ProBoards, IcyBoards, Jcink, InvisionFree, and other forum software popular among our community of roleplayers. Amateur bloggers are welcome as well under the amendment in July 2017 to these terms of service. Free accounts are not to use NickPicHost for Amazon, Ebay, Etsy, and/or any other for-profit shop or auction listings. We are not for commercial retail gain. Do not use NickPicHost for commercial gain while on a free non-paid account. Amateur designers/artists are welcome to use NickPic.Host. The definition of Amateur is decided at the sole discretion of NickPicHost. Amateur designers are persons who do not make a living by selling their art and create mostly out of a labor of love. Professional services dealing with large amounts of data should keep in mind that NickPic.Host is for amateurs, mostly targeting the RPG, Designer, and Storytelling communities.
You agree to actively volunteer, smile, and be generally helpful in your local community. This includes smiling and telling someone good morning or good evening at least once every 3 days.Accounts When you create an account with us, you guarantee that you are above the age of 18 (or over 13 with parental permission) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Multiple accounts are acceptable. Sharing your account is permitted, as long as you take responsibility. NickPicHost is not responsible for damages of shared accounts. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. When an account is banned, the user is prohibited from rejoining NickPic.Host under another account unless a NickPic.Host staff member approves it. Links To Other Web Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by NickPicHost. NickPicHost has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that NickPicHost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. The only unsanctioned third-party links on NickPicHost are generated by the users. NickPicHost does keep a partners list updated, of persons and or organizations we partner with and support. NickPicHost recommends our partner sites, but, recommend their rules and terms of service are read. Governing Law These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. NickPicHost uses servers located in the United Kingdom, and thus, also apply to United Kingdom law within the province of Northern Ireland. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Copyright NickPicHost does not moderate any images that are uploaded. If a copyright claim is made, please contact with proof and it will be dealt with within 30 days. To make a claim please contact us via our help desk, and provide as much information as possible. For plagiarism claims, we hold these to our own discretion, and our own judging based upon our time. You are responsible for securing your content, but, we do allow takedown claims from artists. Contact us if you need help. If a takedown request is received, we will notify the offending user of our decision and with the penalty to their account. They may appeal directly to NickPicHost staff for a final ruling. We have never received an order for a takedown request. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Contact Us If you have any questions about these Terms, please contact us.