I. ACCEPTANCE OF TERMS

Pikki, dba pikki.net, ("Pikki") provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://pikki.net/legal.php. Failure to comply with these TOS may result in image and galleries removal, and in account revocation.

II. DESCRIPTION OF SERVICE

Pikki is a web-based service that allows its users to upload and share images and image galleries (herein referred to as "Pikki", or the "Service"). The Service may be used through a web browser or by the use of downloadable clients (the "Software"). Once registered with Pikki, each user receives his or her own space to post images and image galleries (the "Content"). This Content may reside on Pikki's servers or on the servers of a third party.

III. PIKKI PRIVACY POLICY

Informations provided by User is strictly confidential. However, Pikki reserves the right to release current or past member information to appropriate authorities if : - Pikki believes that User's use of Pikki has been or is in violation of the Terms of Service - The information is subpoenaed. - User has committed unlawful acts. - Pikki thinks it is appropriate or necessary.

IV. INDEMNITY

You agree to indemnify and hold Pikki, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

V. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Due to the global nature of Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

VI. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Pikki may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information. You acknowledge that Pikki may establish limits concerning use of the Service and may modify these limits at any time.

VII. MODIFICATIONS TO SERVICE

Pikki reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Pikki shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

VIII. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

IX. TERMINATION

You agree that Pikki, in its sole discretion, may close your account, remove your uploaded images, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Pikki believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pikki may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pikki may immediately deactivate or delete your Pikki account and all related information and files uploaded. Pikki reserves the right to bar any further access to such files or the Service. You agree that Pikki shall not be liable to you or any third-party for any termination of your access to the Service.

X. ADVERTISEMENTS AND PROMOTIONS

You understand and agree that some or all of the Service may include advertisements and that these advertisements are necessary for Pikki to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Pikki has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Pikki on your Content and throughout the Service are subject to change at Pikki's discretion.

XI. CONTENT

You agree to follow the following guidelines for posting or uploading Content on Pikki:

1. All Content posted to Pikki in any way, is the responsibility and property of the author. Pikki is committed to maintaining the Service in a manner reasonably acceptable to all audiences but is not responsible for the monitoring or filtering of any images. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the Content they have posted or uploaded anywhere on the Service. Should Content be deemed illegal by such law having jurisdiction over the user, you agree that Pikki may submit all necessary information to, and cooperate with, the proper authorities;

2. Should any Content that you have authored be reported to Pikki as being offensive or inappropriate, Pikki might call upon you to retract, modify, or protect (by means of private and friends only settings) the Content in question within a reasonable amount of time, as determined by the Pikki staff. Should you fail to meet such a request from Pikki staff, Pikki may terminate your account. Pikki, however, is under no obligation to restrict or monitor your uploaded Content in any way;

3. Pikki claims no ownership or control over any Content posted by its users (authenticated or not). The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Pikki staff in protecting such Content. The user posting any Content represents that it has all rights necessary to post such Content (and for Pikki to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations;

4. Pikki reserves the right, without limitation except by law, to serve any user Content on the web, through the downloadable clients and otherwise.

5. You acknowledge that Pikki does not pre-screen Content, but that Pikki and its designees shall have the right (but not the obligation) in their sole discretion to remove or refuse or remove any Content that is available through the Service. Without limiting the foregoing, Pikki and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Furthermore, Pikki reserves the right to limit access to your account and content if found in violation of the TOS.

XII. PIKKI.NET PROPRIETARY RIGHTS

You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Pikki code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pikki or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.

XIII. USER CONDUCT

You understand that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Pikki does not control Content posted via its Service and, as such, does not guarantee the validity of such Content. You also understand that, by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Pikki's sole discretion as to what action should be taken.

You agree to NOT use the Service to:

1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive to another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a Pikki staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with Pikki or any other person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
7. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
10. "Stalk" or otherwise harass another person or company;
11. Collect or store personal data about other users for business purposes;
12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices
13. Allow usage by others in such a way as to violate Pikki's TOS;
14. Employ tactics and/or technologies to prevent the full and complete delivery or display of advertisements on Pikki pages.
15. Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
16. Make excessive or otherwise harmful automated use of the system (for example via bots).

If Pikki determines, in its sole and absolute discretion, that any user is in violation of the TOS, Pikki retains the right to terminate such user's account at any time without prior notice.

XIV. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Pikki expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Pikki makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other liabilitythat results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from pikki.net or through or from the service shall create any warranty not expressly stated in the tos.

XV. LIMITATION OF LIABILITY

You expressly understand and agree that pikki shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if pikki has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

XVI. GENERAL INFORMATION

The TOS constitutes the entire agreement between you and Pikki and governs your use of the Service, superseding any prior agreements between you and Pikki (including, but not limited to, any prior versions of the TOS) and any prior representations by Pikki. The French law shall govern the TOS and the relationship between you and Pikki. without regard to its conflict of law provisions. The failure of Pikki to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

XVII. VIOLATIONS

To report violations of these Terms of Service, please fill the form on the following web page: http://pikki.net/abuse.php.

XVIII. REVISIONS

Pikki may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.