TERMS OF SERVICE
Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by PictoBooks, including PictoBooks online photography service, provided through www.pictoboks.com. By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
PART A: Provisions Applicable to All Users of the Service (Whether Registered or Not)
This Service is operated by PictoBooks, a company incorporated under the laws of the State of Maryland whose principal business address is 7195 Oakland Mills Road, Suite-A, Columbia, MD 21046. PictoBooks is also referred to in these Terms as "we" and "us".
2. PURPOSE OF THE SERVICE
PictoBooks offers digital photography services that provide the ability to view, share, design and print digital albums.
PictoBooks uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. 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 PictoBooks. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of PictoBooks to do so. You agree that PictoBooks shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any content you post to the Service.
All brand, product and service names used in this Service which identify PictoBooks or its parent company PictoLab and their products and services are proprietary marks of PictoBooks or PictoLab. Nothing in this Service shall be deemed to confer on any person any license or right on the part of PictoBooks or PictoLab with respect to any such image, logo or name.
6. EXTERNAL LINKS
From time to time PictoBooks may provide links that will take you to other third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that PictoBooks is not liable for any loss or damage that you may suffer by using other websites.
7. AMENDMENT OF THE TERMS
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to PictoBooks for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
8. APPLICABLE LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Maryland.
9. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
THE SERVICE, PICTOBOOKS SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "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, PICTOBOOKS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO PICTOBOOKS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY PICTOBOOKS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, PICTOBOOKS SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF PICTOBOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AGREE NOT TO USE THE SERVICE:
A) for any unlawful purposes;
B) to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
C) to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to PictoBooks and PictoLab;
D) to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
E) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;F) to upload, post, email or otherwise transmit any material which is likely to cause harm to PictoBooks or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
G) to make images hosted by PictoBooks available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery you create);
H) for any commercial purpose other than to permit a recipient with whom you have shared your images, or anyone who accesses the images you have added to the public gallery you create, to order photographic prints of those images;
I) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
J) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
K) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
YOU FURTHER AGREE THAT YUO SHALL NOT:
I) interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
M) provide any information to PictoBooks that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
N) resell the Service or any portion of the Service.
These Terms constitute the entire agreement between PictoBooks and you with respect to your use of the Service. PictoBooks failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us by email or phone. Contact us at Customer Service or by telephone at 888-697-4286. Please note that telephone calls made by you to PictoBooks may be randomly recorded and monitored for training and quality assurance.
PART B: Additional Provisions Applicable to Registered Members and Customers
In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service.
To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be provided a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify PictoBooks immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
15. FORMATION OF A BINDING CONTRACT
No contract will exist between you and PictoBooks for the supply of any services or products unless and until PictoBooks accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
16. PRICING & DELIVERY
All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include once delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, PictoBooks will contact you to let you know the correct price and ask you whether you still wish PictoBooks to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
17. IMAGE RIGHTS, SHARING, & "FAVORITES"
PictoBooks does not claim ownership rights in any image contained in your account. In order to enable us to display your images through the Service (for example, in slideshows and on sample merchandise) and fulfill any orders for you or others who have access to your images, you grant to PictoBooks a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
18. RESPONSIBILITY FOR YOUR IMAGES
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
19. MONITORING CONTENT
PictoBooks does not control the content of members' 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.
20. SUSPENSION & TERMINATION OF ACESS & MEMBERSHIP
YOU AGREE THAT PICTOBOOKS MAY AT ANY TIME WITHOUT NOTICE:
A) refuse to accept your application to become a member;
B) move, change, or suspend any part of the Service; or
C) refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in
D) PictoBooks sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can't offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
22. Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
23. Late or missing refunds (if applicable)
If you haven't received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you've done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
24. Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
25. Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com and send your item to: 7195 OAKLAND MILLS ROAD, SUITE - A Columbia MD USA 21046.
To return your product, you should mail your product to: 7195 OAKLAND MILLS ROAD, SUITE - A Columbia MD USA 21046.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item.