Just logged in and got this:


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Our terms of service have been updated. Please read them and click the button below so you can login. Thanks! -Photobucket Team

Terms of Service


Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at Photobucket.com (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by Photobucket.com. Photobucket.com may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You are advised to periodically check the website for changes in the Terms of Service.

Purpose and Description of Services.

Photobucket.com provides users with the ability to host images for electronic publishing and sharing for such uses as eBay and other auctions, classified advertising, online journals, blogs, message boards, personal websites, social networking, and online photo albums. Any additions or modifications to the Services, shall be in the sole discretion of Photobucket.com and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. Photobucket.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Photobucket.com. By using the Services you agree that Photobucket.com shall not be liable to you for any modification, suspension or discontinuance of the Services.

Restrictions on the use of the Services.

By using the Services you agree that you will not:

Use the Services for any illegal purpose;

Upload, email or otherwise transmit any images that are unlawful, obscene, harmful, threatening, defamatory, hateful, invade the privacy of any third party, or are otherwise objectionable. Photobucket.com does not control the content of users' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service;

Upload, email or otherwise transmit any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or content that would violate the right of privacy or publicity of any public or non-public persons;

Upload, e-mail 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; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes," or any other form of solicitation;

Upload, email or otherwise transmit any material that includes code hidden or otherwise contained within the images of other content unrelated to the image, such as .mp3, .wav, or other music files hidden within the file structure of the image;

Interfere with or disrupt (or attempt to interfere with or disrupt) the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site; and

Photobucket.com reserves the right at all times to terminate your account, and delete any and all information, communications, postings and image files at, in whole or in part, that in Photobucket.com sole discretion for any reason including, but not limited to, violations of these Terms of Service. In addition, Photobucket.com reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, in its sole discretion.

Age Requirements and Limitations on Use of Services.

Users of the Services must be at least 13 years of age.

Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Photobucket.com. If Photobucket.com determines that it has collected personal information of children under the age of 13, Photobucket.com will immediately delete such information.

Users are limited to one account per person. Users are limited to the file size, bandwidth and storage limitations related to their account level. Photobucket.com reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system. Photobucket.com has the right to change these limitations without notice to the user. In addition, Photobucket.com reserves the right to terminate any account for non-use of longer than 90 days. Your account will also be protected by a password selected by you. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities that occur under your password or account. Please notify Photobucket.com immediately in the event that you believe your password is no longer secure. Use of the Services is also governed by the Photobucket.com Privacy Policy

Trademarks and Copyrights. All trademarks, brands and service marks used in conjunction with the Services by Photobucket.com shall be the property of Photobucket.com. Photobucket.com shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at Photobucket.com. This license does not apply to any third party images stored at Photobucket.com. Permission for use of such content must be obtained from the copyright owner. Photobucket.com claims no ownership interest in the images posted by you at Photobucket.com.

Copyright Infringement. Photobucket.com respects the intellectual property rights of others. However, you agree that Photobucket.com is not responsible for any violations of any intellectual property rights in any images or content posted to Photobucket.com. You understand that by using these Services that your images will be publicly available to others and that Photobucket.com has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact Photobucket.com at P.O. Box 559, Broomfield, CO 80038. Please provide:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receiving your complaint, Photobucket.com may, in its sole discretion, remove content that you believe infringes your copyright. In addition, Photobucket.com may terminate the account of the user who appears to be infringing your intellectual property rights.

Disclaimer of Warranty and Limitations of Liability. Photobucket.com expressly disclaims any responsibility or liability for the use of the Services by you. Photobucket.com also disclaims any and all responsibility or liability for:

the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.

the deletion, failure to store, misdelivery, or untimely delivery of any information or material.

any harm resulting from downloading, or accessing any information or material through the site.

THIS SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, AND PHOTOBUCKET.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PHOTOBUCKET.COM DISCLAIMS ANY WARRANTIES OR LIABILITY FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL PHOTOBUCKET.COM BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PHOTOBUCKET.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification. You agree to defend, indemnify, and hold harmless Photobucket.com and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Photobucket.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Photobucket.com and its counsel in the conduct of such defense.

Forum and Choice of Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Colorado, or state courts located in the county of , Boulder and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement. These Terms of Service constitute the entire agreement between the you, the user, and Photobucket.com with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Photobucket.com and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Photobucket.com are incorporated herein by this reference to the extent they do not conflict with these Terms of Service. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.

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Obviously, that's a crapload of stuff to read.  I wish they'd have just notified *existing* members of the changes ONLY.  

I just went and logged in and didn't get any type of notice. Business as usualy. <shrug>