By using or accessing Prestoshare, or by using any of the content hosting and or services provided by this site including but not limited to, image hosting, slide show creation, you agree to be bound by these Terms of Service and by the Privacy Policy of Prestoshare, which are collectively referred to as the "Agreement." Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the site or any of its services.

Prestoshare may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the site and services, for any reason, without notice. Prestoshare recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once, unless you are using our service without registering, in which case you will have to agree with every use. the terms of this Agreement, as modified by Prestoshare from time to time, will govern all use of the site and services. By continuing to use or access the Site or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.

Description of the Services

Prestoshare provides its Users with the ability to host content, including without limitation images that Users own or to which they have the necessary rights to, in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums.

Although the site and services are almost always available, there will be occasions when the site or services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to equipment that are beyond the control of Prestoshare. Also, although Prestoshare will normally only delete Content that violates this Agreement, Prestoshare reserves the right to delete any Content for any reason, without prior notice. Consequently, Prestoshare encourages you to maintain your own backup of your User Content. In other words, Prestoshare is not a backup service. Prestoshare will not be liable to you for any modification, suspension, or discontinuation of the services, or the loss of any Content.

Accounts and Passwords

In order to access certain features of the site and the services, you must create a Prestoshare account. You may create an account on the Registration Page. Once you have created an account, you will be a Registered User. You may also upgrade your free account to a Platinum account by paying a membership fee. Your Prestoshare account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access Prestoshare. You agree not to disclose your password to any third party nor to permit any third party to use your Prestoshare account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Prestoshare of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. Prestoshare will have no liability for failure to deliver notices that result from inaccurate account information.

Your License to Prestoshare

Prestoshare does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or via the Services, you hereby grant to Prestoshare a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform and process your User Content, or any part of it, solely on and through the Site and Services, including without limitation (a) adapting the format of your User Content for suitable display on the Site; and (b) displaying, in Prestoshare's sole discretion, your public User Content in search results generated by the Prestoshare search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Prestoshare a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Sites. In connection with the above license, you provide your consent for Prestoshare personnel, including Prestoshare contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Prestoshare this license.

Prestoshare's License to You

Subject to your compliance with the terms and conditions of this Agreement, Prestoshare grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially except as may be permitted by a separate license explicitly attached to a particular piece of Content, or otherwise copy, modify, distribute, publicly display or perform any Content except as such acts may be permitted by a separate license explicitly attached to such Content.

Restrictions

You will not do any of the following while using or accessing Prestoshare:

a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content; (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person to the extent each is implicated by the Content; or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity;

b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;

c. Post, upload, email or otherwise transmit, without first obtaining the permission of Prestoshare, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation;

d. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, including without limitation to any child pornography or child erotica, is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Prestoshare;

e. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

f. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images.

g. Attempt to probe, scan or test the vulnerability of any Prestoshare system or network or breach any security or authentication measures;

h. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud;

i. Resell the Services, in whole or in part;

Prestoshare does not control the Content in Registered Users accounts and does not have any obligation to monitor such Content for any purpose. However, on both free and Platinum accounts, and regardless of whether the Content is public or private, Prestoshare may choose to monitor such Content at any time, in its sole discretion. Prestoshare reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation violations of this Section, or of any part of this Agreement. Prestoshare reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Prestoshare considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding Prestoshare's handling of your personally identifiable information, refer to the Prestoshare Privacy Policy.

Limitations of Liability

You understand that Content is posted by users and that Prestoshare has only limited control over the Content that is made available via the Site and Services. You understand that by using the Site and Services, you may be exposed to this Content. You acknowledge that Prestoshare will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.

IN NO EVENT WILL PRESTOSHARE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF PRESTOSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL PRESTOSHARE'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO PRESTOSHARE. You acknowledge that Prestoshare has set its price and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.

Links to Third Party Sites

The Site may contain links to third-party websites or resources. You acknowledge and agree that Prestoshare is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Prestoshare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the terms of service governing those websites.