Terms of Use

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Last Revised: July 31, 2009

This is a legal agreement between you and IQZONE, Inc. ("IQ" or the "Company") stating the terms that govern your use of the PicDial(tm) service ("PicDial" or "Service"). This agreement – together with all updates, additional terms, software licenses, and all of IQ's rules and policies – collectively constitute the "agreement" between you and IQ. To agree to these terms, click "agree." If you do not agree to these terms, do not click "agree," and do not use the Service. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and IQ may refuse access to PicDial for noncompliance with any part of this agreement. By clicking "agree" you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, you must not use or access (or continue to use or access) the Service. It is your responsibility to regularly check to determine if there have been changes to these Terms and Conditions and to review such changes.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Use of PicDial is void where prohibited and is intended solely for users who are at least 13 years of age or older, and users under 18 who are currently in high school or college and who have received permission from their parent or legal guardian. Any use of PicDial by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using PicDial, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security

In consideration of your use of PicDial, you agree to (a) maintain the security of your password and identification; (b) maintain sole responsibility for all use of your account and for any actions that take place using your account; and (c) provide accurate (and accurately update), current and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data").

User Conduct

You understand that PicDial is available for your personal, non-commercial use only. You represent, warrant and agree that any materials or information submitted or otherwise posted, transmitted, or shared by you on or through PicDial will in no way violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use PicDial to:

• in any unlawful or damaging manner;
• gather other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity; or
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying PicDial, or which may expose Company or its users to any harm or liability of any type.

If a user's picture is flagged for inappropriate content that specified user will be issued a warning. If a user's picture is flagged a second time for inappropriate content, PicDial will be permanently disabled on that user's handset.

We reserve the right to remove any image or user without advance notice, explanation or refund.

User Information Posted

You are solely responsible for the photos, profiles (including your name, image, and likeness), and any other information and other content that you upload or display (hereinafter, "post") on or through PicDial, or transmit to or share with other users (collectively the "User Information"). You may not post, transmit, or share User Information on PicDial that you did not create or that you do not have permission to post (including any necessary permission from any social utility from where you get the User Information, e.g. MySpace#174;, Facebook #174;, etc.). You understand and agree that, without prior notice, the Company may, but is not obligated to, delete or remove any Content or User Information in its sole discretion, for any reason or no reason, including User Information that in the sole judgment of the Company violates this Agreement or the Company privacy policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Information you post or store on PicDial or provide to the Company.

When you post User Information, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Information on PicDial. By posting User Information, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Information for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Information, and to grant and authorize sublicenses of the foregoing. You may remove your User Information at any time. If you choose to remove your User Information, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Information. Company does not assert any ownership over your User Information; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Information and any intellectual property rights or other proprietary rights associated with your User Information.