By using and/or accessing the Site, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"), as well as the terms of our Privacy Policy. Please review the following terms of this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Site in any manner or form. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Site, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Site.

Welcome to the Picbreeder™ Website (the "Site") designed and operated by the Evolutionary Complexity Research Group at the University of Central Florida. Picbreeder™ is an Internet property of the University of Central Florida Research Foundation, Inc. ("UCFRF" "we" or "us").

1. USER AGREEMENT.

This website, Picbreeder™, was created at the University of Central Florida by the Evolutionary Complexity Research Group (EPlex), which is supervised by Prof. Kenneth Stanley. If you have questions, please contact PicbreederT support at help@picbreeder.org. The EPlex group is at http://eplex.cs.ucf.edu.

While this service is provided for the entertainment and education of its users, it is also an academic research project in collaborative interactive evolution. The aim is to demonstrate the potential of an online interactive evolutionary system to harness the power of large volumes of users by allowing them to branch from each others' work. The results of this research, including evolved pictures, evolutionary trees, evolutionary data, or aggregated demographic information (from users who elect to provide such information in their public profiles), may be published in future articles. Identifying information will never be published or associated with users.

In addition, images published by users will be viewable by the public. If you do not wish people to see your images, you are not required to publish them. Because a screen name is used to identify users (and other users may use the site completely anonymously if they so choose), the true identity of users on the system is anonymous.

The only risk to using this system is that one might encounter an image that one does not like. If you find any images offensive, please contact help@picbreeder.org, and we will have the image removed from the site. Note that we do not allow offensive images and any account or address found to post such an image will be removed and/or banned.

The Site is available only to individuals who are at least eighteen (18) years of age and otherwise competent to enter into legally binding contracts under applicable law.

Research at the University of Central Florida involving human participants is carried out under the oversight of the Institutional Review Board (IRB). Questions or concerns about research participants' rights may be directed to UCF Institutional Review Board Office at the University of Central Florida, Office of Research and Commercialization, 12201 Research Parkway, Suite 501, Orlando, FL 32826-3246. The phone numbers are 407-823-2901 or 407-882-2276.

Thank you for using our service. We sincerely appreciate your participation. Your participation will help us create the online collaborative infrastructure for the future. We also hope you enjoy your time here working with others to evolve some great pictures!

2. CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions, privacy policy, rules and guidelines which appear on this Site at any time for any reason. Any such change, modification or alteration is effective upon posting on the Site without further notice to you. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

3. ELIGIBILITY & RULES OF MEMBERSHIP.
A. To be eligible to become a Member of this Site, you must: (i) be at least 18 years of age; (ii) have an active email address; (iii) provide only true, accurate, current and complete information; (iv) maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (v) use the membership solely for your own benefit and not on behalf of or for the benefit of any third parties. FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN ACCOUNT TERMINATION.
B. By using this Site, you agree to be responsible for maintaining the confidentiality of your account and for restricting access to your computer. You also agree to be responsible for any and all activities that occur on your account. You must notify us immediately of any unauthorized use or security breach on your account.
C. By using this Site, you agree that we will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions.
D. You may view the status of your account by viewing the User Panel section. If you have additional questions relating to your account you may contact us at help@picbreeder.org.

4. DESCRIPTION OF THE SERVICE
By submitting your registration information on the Site, you are granted rights to evolve, publish at the Site, and browse images in conjunction with other registered users.

Unless explicitly stated otherwise, any future services made available to you on the Site that augments or otherwise enhances the current features of the Site shall be subject to this Agreement. You understand and agree that UCFRF is not responsible or liable in any manner whatsoever for your inability to use the Picbreeder™ Site or any associated functionality. You understand and agree that UCFRF shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site.

5. LICENSE GRANT
As a user of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated Site content in accordance with this Agreement. UCFRF may terminate this license at any time for any reason. UCFRF reserves any rights not explicitly granted herein. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Your right to use the Site is not transferable.

6. PROPRIETARY RIGHTS
UCFRF owns the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site which are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited, unless permitted under the “fair use” doctrine or otherwise in accordance with the terms herein. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by UCFRF does not constitute a waiver of any right in such information and/or materials.

UCFRF grants to Members a non-exclusive, royalty-free, revocable license to use pictures or images evolved by Members for non-commercial uses only. Any commercial use(s) of the pictures or images evolved by Members must be licensed under a separate agreement under terms and conditions to be negotiated by UCFRF.

7. EDITING, DELETING AND MODIFICATION

UCFRF reserves the right in its sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

8. TERMINATION AND CANCELLATION

We may, in our sole discretion and for any reason or no reason at all, terminate any account without prior notice. In addition, you will forfeit any membership fees paid, if any, for (a) any violation of any provision of this Agreement; (b) acting against our interests or reputation; (c) otherwise acting unlawfully in relationship to us, the Site or the Members at large. You may cancel your account at any time through the User Panel. If you cancel your membership and later wish to re-enroll, you will be assigned a new account and all previous fees, if any, will be forfeited.

9. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Site or any linked Site, if applicable. You are prohibited from accessing or attempting to access private areas of the Site or any other user's private information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the Site, as well as your use of our Site, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
C. UCFRF grants to Members a non-exclusive, royalty-free, revocable license to use pictures or images evolved by Members for non-commercial uses only. Any commercial use(s) of the pictures or images evolved by Members must be licensed under a separate agreement under terms and conditions to be negotiated by UCFRF.

10. OWNERSHIP OF MATERIALS

Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who make no endorsements of the products or services provided by this Site.

11. DISCLAIMER OF WARRANTIES.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US; (vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED OR THE RELIABILITY OF ANY INFORMATION, CONTENT, OR SERVICE THROUGH THE SITE; and (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.

12. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, UCFRF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PICBREEDER™ SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR MEMBERSHIP IN PICBREEDER™.

13. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. MONITORING SITE USAGE.

You agree that we may electronically monitor the Site and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Site; or (iii) to protect our rights or the rights of the users, sponsors, providers, or licensees.

15. INDEMNITY.

By using the Site you agree to indemnify us and hold UCFRF, UCF, its directors, officers, employees, agents and affiliates harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site, or your use of the products and services contained thereon, or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether you authorized such use or not. By using the Site, products or services, you are hereby agreeing to release us from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or our sponsors, if any, arising out of or in any way related to such disputes and/or to the products and services.

16. CHOICE OF LAW, VENUE AND JURISDICTION.

This Site (excluding third party linked Sites, if applicable) is operated by UCFRF in Orlando, Florida, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws that may differ from Florida, by accessing this Site, both you and UCFRF agree that the statutes and laws of Florida shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Orange County, Florida, U.S.A. and any legal proceedings shall be conducted in English. UCFRF makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If the law of your state, or US Territory does not permit your participation in this Site, then you are responsible for complying with such laws and you agree to indemnify UCFRF against any action you undertake to use the Picbreeder™ website. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

17. GENERAL.
A. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between our representatives and you with respect to the subject matter hereof, including any terms and conditions on any of customer's documents or purchase orders.
B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Site. Our performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

18. E-MAIL SUPPORT, HELP
The Evolutionary Complexity Research Group at the University of Central Florida operates this website and can be reached via http://eplex.cs.ucf.edu. Picbreeder help can be reached at help@picbreeder.org.