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Terms & Conditions

Welcome to PictoBooks! PictoBooks provides registered members a fun and easy way to process your photographs by allowing you to upload, and share pictures, as well as order products such as albums. Before you use any PictoBooks service you must carefully read and understand the Terms and Conditions below. These Terms and Conditions may be changed or updated at any time, and it is your responsibility to visit this page periodically to keep yourself updated on such changes. You acknowledge, upon use of our services, that you have read and agree to our Terms and Conditions, which can always be located on our website. Your use of the site and its services (together, the "Service") is subject to your compliance with these terms.

1. REGISTRATION

If and when you decide to setup an account with PictoBooks you agree to provide accurate, current, and complete information during the registration process, and maintain such information as up to date by informing us of any changes to your personal information from then on. With your registration you acknowledge that you are at least 13 years of age, and agree to the use of your personal information as outlined in our privacy policy, the latest version of which can also be found on our website. Upon registration you will be required to create a login ID and password. You are entirely responsible for the confidentiality and use of this information and agree not to transfer or resell your use of or access to the service to any third party.

2. USE OF SERVICE

Your use of the Service may be for personal purposes only. You will not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or use or access the Service for any commercial purpose.

3. MEMBER CONDUCT

While using the service, you agree not to upload or process Prohibited content, such as content that:

  • Is improper. Improper content are materials which are, or can be construed as advocating illegal activity, containing pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate substance.
  • Uses copyrighted material without the express permission of the owner.
  • Contains viruses or other forms of corruptive code which may compromise the Service.
  • Compromises or violates the rights of others and/or harms anyone.
  • Provides a link to any of the above materials.

PictoBooks has the sole discretion to determine whether content is prohibited, and reserves the right to move, delete, and edit prohibited content without notice. Though all submissions can be reviewed for content at any time, PictoBooks does not and will not examine all submitted content. Content is the sole responsibility of the person who submitted it, as such, members take responsibility for any content they upload or process as well as any content they are exposed to through the Service. Non members may also be exposed to content, and take full responsibility for such exposure. PictoBooks in no way guarantees the accuracy, quality, or appropriateness of content available for the Service.

You further agree not to:

  • Falsely state or impersonate your affiliation with any person or entity.
  • Use misleading or inaccurate contact information.
  • Compromise or deface the service by "Hacking."
  • Engage in spamming or flooding.
  • Collect information about any user of the Service without their express consent.
  • Express or imply that any statements you make are endorsed by us, without our prior written consent.

We may terminate your access to and use of the Service immediately and without notice if you fail to comply with the above rules.

4. DIGITAL IMAGE STORAGE

PictoBooks offers free storage of your online photos and albums; however, this service is not meant to be the sole source of your content. Be sure to keep back-up copies that retain and preserve your original content. After a user account has been inactive for a period of no less than six months the account, along with all images and layout designs will be deleted from our system.

5. COPYRIGHT

By using this service you acknowledge that you are either the owner of your content or that you have received written consent from the copyright owner to make such content available to the Service. You further agree that PictoBooks has the rights to make use of all content on the Service, in accordance with and subject to these Terms. As a condition to your membership, you hereby grant PictoBooks a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your content, solely for providing or improving the Service. You are solely responsible for any copyright violations that you may incur as a result of your activities on the service.

6. THIRD PARTY WEBSITES, SOFTWARE, & SERVICES

The Service may at times direct you to websites, software or services owned or operated by third parties. Such direction does not indicate any approval or endorsement of any Third Party Properties such as their Privacy Policy and/or their Terms and Conditions. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to review the terms of use, practices and policies of any such Third Party.

7. INDEMNIFICATION

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PictoBooks, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "PictoBooks AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORYNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE SUCH AS BY USING YOUR ACCOUNT OR HAVING BEEN INVITED TO VIEW CONTENT.

8. DISCLAIMER OF WARRANTIES

ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ALL MATERIALS INCORPORATED THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. WE AND OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF PictoBooks OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

9. LIMITATION OF LIABILITIES

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PictoBooks NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE. YOU’RE SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

10. TERMINATION

PictoBooks may, in its sole discretion, terminate your membership (or any part thereof) or your use of the Service, and remove and discard any content at any time, without notice, for any reason, including, but not limited to, non-compliance with these Terms and Conditions, or policies outlined elsewhere in the Service. PictoBooks will not be liable to you or any third-party for any termination of your access to the Service.

11. MISCELLANEOUS

These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Montgomery, Maryland, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred. These Terms constitute the entire agreement between you and PictoBooks governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use PictoBooks Affiliate services, third-party content, or third-party software.

12. MODIFICATION OF TERMS

PictoBooks may change, add to, or amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. It is your responsibility to review these Terms and Conditions before using the Service, to keep yourself up to date with the agreements between you and PictoBooks.