The transmission of data or information over the Internet or other publicly accessible networks is not secure, and is subject to possible loss beyond the control of OOthepic.com, there is always risk of the interception or alteration while files, photos, audio and video are electronically in transit. This list includes transmissions include using email, personal websites, auction websites including eBay, classified ads, photo albums, blogs, message boards, dating websites, and any other internet purpose that your OOthepic account is being used for. To act accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information).

While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. OOthepic.com is a family friendly website. Furthermore, you agree that you shall not:

- Upload, post or otherwise transmit through or to this website any content that is unlawful, abusive, pornographic, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable.

- Infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; contains any viruses, trojan horses, time bombs, or any other harmful programs or elements.

- Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks, and infrastructure of the website. You shall not abuse the OOthepic website and use up resources such as bandwidth beyond the limitations of your OOthepic account.

- Provide false information about yourself to us, impersonate any other person, use vulgar or curse words in any chats, forums, or poster boards located in this website, or otherwise attempt to mislead us or others about your identity or the origin of any content, message or other communication.

- Transmit junk mail, chain letters, pyramid scams or other unsolicited bulk e-mail or duplicative messages through the OOthepic.com website.

- Link any photo, movie, file, or any other type of content hosted on the OOthepic.com website in your account, to any unlawful or pornographic websites or publications that are offensive or violate the terms of use of the OOthepic.com website.

- Collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses.

- Sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by OOthepic.com.

- Redistribute any content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, blogs, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.

- Intentionally alter the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data embed or import any financial data provided by us into any information services (whether or not web-based), data files or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by OOthepic.com.

Advertisement

OOthepic.com allows third parties to advertise on this website. OOthepic.com is not liable for any disputes that may arise from members interaction with third party advertisers and or the products or services they provide. Auction Boutique reserves the right to remove any of its advertisers/partners from this website at any time or for any reason.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Dispute

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

You agree that these Terms of Use, our Privacy Policy, disclaimer, and other notices posted on this website have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

At OOthepic, we take precautions to keep your Images safe and sound at the highest recommended backup system that is electronically possible. We back-up our Database daily because many of the images hosted on the OOthepic website are being used in live auctions and in real time. These backups are used for system restoration if ever necessary and not intended to recover individual images from user accounts that were deleted by accident or intentional by the user. So, just to be safe, it is still recommended that you keep back ups of your own images.

Users of this site must be 18 years of age and have a valid credit card or paypal account to become a member of OOthepic.com. It is at the sole discretion of the owner of the OOthepic.com account to allow children under the age of 18 to use their account. OOthepic.com does not take any responsibility for children under the age of 18 using the site. It is the parents, adults, or guardians sole discretion to allow the use of their OOthepic account by minors.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida. In the event any dispute shall arise from the use of this website, and or products or services, the venue and jurisdiction shall lie within the State of Florida, specifically, Hillsborough County, Florida, or the District Court, Middle District, Tampa Division.