Welcome to Treepod (the "Website"). This Website is owned and operated by Picaboo Corporation, a company located at 1160 Chestnut St, Menlo Park, CA 94025. If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address: support@treepod.com. You may also contact Picaboo Corporation by email at support@picaboo.com.

PLEASE READ THIS USER AGREEMENT (the "User Agreement") CAREFULLY. THROUGH YOUR CONTINUED USE OF THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE UNDER THE AGE OF 13 OR THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE WEBSITE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

This User Agreement is a contract between you and Picaboo Corporation and applies to all users of this Website. In this User Agreement "you" or "your" means any person or entity using this Website, and your parent or legal guardian, in the case of minors. Unless otherwise stated, "Picaboo Corporation", "we" or "our" refers to Picaboo Corporation and its successors and assigns.

We may amend or supplement this User Agreement, including our Privacy Policy noted below, at any time. When we make changes to this User Agreement or the Privacy Policy, we will post the revised version on THIS WEBSITE and indicate the revision date. Please review the User Agreement and Privacy Policy particularly if they have been updated since your last visit to the Website. If you do not agree to the current User Agreement and/or Privacy Policy, you may not continue to access or use this Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.

Our Privacy Policy (the "Privacy Policy") is incorporated into this User Agreement by reference and provides additional terms and conditions related to our collection, use and disclosure of your personal information.

This Website may provide a link to other websites. While Picaboo Corporation may provide links from this Website to Affiliated Sites and unaffiliated third party sites, those sites are not part of this Website, and each is subject to the terms of a separate user agreement and may have different policies with respect to the collection, use and disclosure of your personal information.

PICABOO CORPORATION DOES NOT ENDORSE OR CONTROL ANY INFORMATION ACCESSED ON OR FROM ANY UNAFFILIATED THIRD PARTY WEBSITES AND ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE OR AFFILIATED SITES WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Furthermore, the trademarks used in connection with such third party websites are not trademarks of Picaboo Corporation. Please be sure to review the applicable agreements and policies carefully when visiting Affiliated Sites or any third party websites.

Certain products, services, information and materials provided by Picaboo Corporation through this Website may be accessed and/or used by you without registering on or logging onto this Website (collectively, "Public Materials"). Other products, services, information and materials, provided by Picaboo Corporation through this Website, may only be accessed and/or used by you after you have registered on this Website (collectively, "Member Materials"). This User Agreement applies equally to the use of and access to Public Materials and Member Materials. Picaboo Corporation reserves the right to modify Public Materials and Member Materials from time to time and at any time.

To register and set up an account ("Account") on this Website, you must have an email address and provide other information. You will be asked for your email address (also referred to as “unsername”) and password during the registration and Account set up process. Accounts and passwords are not transferable, even between your other Accounts, if you have more than one, and have no retail value and are not redeemable for cash.

In addition to your username and password, we ask you for your first and last name, your birth date, your gender, your country, state, and city of residence, and your profile photo.

We will use your username and password to identify you when you return to the Website. If you forget your password, you can reset it by having a link sent to your email address.

You are responsible for maintaining the confidentiality of the password associated with your Account, and for all activities that occur through the use of your Account. You agree to: (i) immediately notify Picaboo Corporation of any unauthorized use of your Account or any other breach of security, and (ii) exit from your Account at the end of each session if you are using a publically-accessible computer. Picaboo Corporation will not be liable for any loss or damage arising from your failure to comply with these security requirements. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and operational procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of any personally identifiable information that we may collect in relation to your Account. Although we use reasonable efforts to safeguard personally identifiable information we collect and process, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission.

Picaboo Corporation may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website for any reason at its sole discretion.

To the extent permitted by applicable law, the parties have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Picaboo Corporation with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Picaboo Corporation shall be the legal equivalent of written communications.

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively, the "Picaboo Corporation Materials") are the property of Picaboo Corporation, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by U.S. and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Picaboo Corporation Materials on any other website or networked computer environment is prohibited.

Provided you comply with the terms of this User Agreement Picaboo Corporation grants you a limited right to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this right to access and use is limited to the display of the Picaboo Corporation Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Picaboo Corporation Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the rights granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Picaboo Corporation Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Picaboo Corporation Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Picaboo Corporation Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Picaboo Corporation or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Picaboo Corporation or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. Picaboo Corporation keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

Picaboo Corporation has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. Picaboo Corporation may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.

You own all of the content and information you post on this Website. In addition: For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with this Website (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you publish your profile photo and name, you are allowing everyone who has an account on this Website to see that information.

We always appreciate your feedback or other suggestions about this Website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

You are responsible for all User Content posted by you. PICABOO CORPORATION HAS NO RESPONSIBILITY FOR SUCH USER CONTENT. Picaboo Corporation does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. However, Picaboo Corporation retains the right, but not the obligation, to review, edit or delete any User Content which Picaboo Corporation deems to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

The Website is provided by Picaboo Corporation and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. When you use this Website you agree to follow our User Code of Conduct. Users of this Website must not:

• Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
• Sell, trade or barter any items earned through this Website outside of this Website;
• Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; or (vii) are treated as confidential under any contract or policy;
• Ever invite or request connections to users you do not know, or accept connections from users you do not know;
• Attempt to circumvent the security systems of this Website;
• Attempt to gain access to this Website in a fraudulent manner;
• Attempt to gain access to any other user's Accounts;
• Attempt to ascertain any other user's password, and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
• Attempt to harvest or otherwise collect information about other users without their consent;
• Attempt to use this Website for any purposes other than those intended by Picaboo Corporation; or
• Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE PICABOO CORPORATION MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PICABOO CORPORATION DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

PICABOO CORPORATION DOES NOT WARRANT THAT THIS WEBSITE, THE PICABOO CORPORATION MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH PICABOO CORPORATION'S CUSTOMER SERVICE DEPARTMENT OR A PICABOO CORPORATION REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, PICABOO CORPORATION DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, PICABOO CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE PICABOO CORPORATION MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY PICABOO CORPORATION MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE PICABOO CORPORATION MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT PICABOO CORPORATION ARE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PICABOO CORPORATION BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE PICABOO CORPORATION MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF PICABOO CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, PICABOO CORPORATION IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF PICABOO CORPORATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE PICABOO CORPORATION MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THIS WEBSITE.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, PICABOO CORPORATION DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY PICABOO CORPORATION'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF PICABOO CORPORATION.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PICABOO CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF. PICABOO CORPORATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. PICABOO CORPORATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PICABOO CORPORATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF PICABOO CORPORATION HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBERS OF PICABOO CORPORATION MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH PICABOO CORPORATION IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

IN NO EVENT SHALL PICABOO CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Picaboo WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PICABOO CORPORATION, SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree that: (i) this Website shall be deemed solely based in California; and (ii) this Website shall be deemed a passive website that does not give rise to personal jurisdiction over Picaboo Corporation, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Picaboo Corporation that arises in whole or in part from this Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with our OPrivacy Policy and any other legal notices published by Picaboo Corporation on this Website, shall constitute the entire agreement between you and Picaboo Corporation concerning this Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Picaboo Corporation's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Picaboo Corporation reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of this Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PICABOO CORPORATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BYA COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.

Mandatory Arbitration — YOU AND PICABOO CORPORATION AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR PICABOO CORPORATION MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR PICABOO CORPORATION MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: PICABOO CORPORATION, ATTN: LEGAL AFFAIRS, 1160 CHESTNUT ST, MENLO PARK, CA 94025. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE MENLO PARK, CALIFORNIA.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY BOTH PARTIES OR, OTHERWISE, A SINGLE ARBITRATOR SELECTED BY PICABOO CORPORATION. YOU AND PICABOO CORPORATION FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.

Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND PICABOO CORPORATION ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND PICABOO CORPORATION BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND PICABOO CORPORATION BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

This User Agreement and any information provided in a link to this document and our Privacy Policy contain the entire understanding between you and Picaboo Corporation in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and Picaboo Corporation with respect to your access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement. Your use of this Website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Picaboo Corporation other than that of independent contractors. This User Agreement may not be assigned by you.

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