Terms of Use
Pictopia.com, Inc. ("Pictopia") provides its products and services
subject to your agreement to abide by the terms and conditions
below. Please read them carefully. Your use of this site indicates
your acceptance of these terms and conditions. Your placement of an
order indicates your acceptance of these terms and conditions. Your
submittal of any purchase order to Pictopia indicates acceptance of
these terms and conditions. These terms and conditions shall
supercede any subsequent terms or conditions included with any
purchase order, whether or not such terms or conditions are signed
by Pictopia. Pictopia reserves the right to make changes to this
site and these terms and conditions at any time.
Your Conduct
In the course of doing business with Pictopia, including ordering
products and/or services and while engaged with Pictopia's web site,
you agree to the following stipulations.
You agree not to:
Transmit any unlawful content, including but not limited to that
which is obscene, libelous, abusive or otherwise objectionable
Transmit any harmful or disruptive software
Reverse engineer, copy, or decompile any portion of the Pictopia site
Submit materials containing unlicensed copyrighted images or
materials.
You agree:
To comply with all applicable laws
When you order products or services from Pictopia,
you will do so using one or more passwords you provide. You are responsible for
maintaining the confidentiality of all of your passwords and you are
solely responsible for all activity, including any and all orders
placed, with the use of your password whether or not the use was
authorized by you.
In using Pictopia's self-service photo production service to take responsibility
for all prints you order.
Indemnification
You agree to indemnify, defend and hold Pictopia, its officers,
directors, employees, agents and representatives harmless from and
against any and all claims, damages, losses, costs (including
reasonable attorneys' fees) or other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement; (b) any
allegation that any materials that you submit to Pictopia infringe
or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; (c) your
activities in connection with the Site.
Limitations/Disclaimer
Under no circumstance will Pictopia print any illegal material. It
is your responsibility to obtain any and all copyright approvals
where necessary. Pictopia will make every effort to provide a
product that exceeds customers' expectations, however, the services and
products provided as part of this agreement carry no guarantees
whatsoever.
Privacy Policy
Pictopia requires its customers to supply such information as is
necessary in the course of business in fulfilling the orders from
its customers. Pictopia will not share any customer information with
any other company without a customer's specific prior approval. From
time to time Pictopia may examine the information about their
customers use of Pictopia to improve the service. For customers who
have indicated their prior approval, Pictopia may from time to time
send information. All customers have the opportunity in their
account profile to opt in or out of such information
distributions.
How you can correct any inaccuracies in the information
When inaccurate information is detected, Pictopia
personnel may correct it. You may correct or modify your
information and choices at any time in your account profile. We
proactively work to assure the security and privacy of our
customers' information in our site(s). We continually examine and
improve security measures employed in our information systems.
If you feel that this company is not abiding by its posted privacy
policy, please contact us through our feedback form (available via
the 'Talk To Us' tab at the top of every page in our site.)
Information Collection and Use
Pictopia expressly disclaims any interest in or ownership of
clients' and customers' images deposited on this site. Pictopia is the sole
owner of the information about customers' use of this site, and we
will not sell, share, or rent this information to others in ways
different from what is disclosed in this statement.
Registration
In order to use this website, a user must first complete the
registration form. During registration a user is required to give
their contact information (such as name and email address). This
information is used to contact the user about such things as
shipment notifications, and any services on our site for which they
have expressed interest.
Orders
We request information from the user on our order form. Here a user
must provide contact information (like name and shipping address)
and financial information (like credit card number, expiration
date). This information is used for billing purposes and to fill
customer's orders. If we have trouble processing an order, this
contact information is used to get in touch with the user.
Cookies
A cookie is a piece of data stored on the user's hard drive
containing information about the user. We may use cookies to count
the number of new unique users to our site.
Log Files
We may use IP addresses and/or cookies to analyze trends, administer
the site, track user's movement, and gather broad demographic
information for aggregate use. IP addresses are not linked to
personally identifiable information.
Sharing
We will not share any customer information with our partners, except
to the extent necessary for us to ship orders with a shipping
company (e.g. FedEx) or the bank that processes credit card
payments. These companies do not retain, share, store or use
personally identifiable information for any secondary purposes.
Links
This site may contain links to other sites on the Internet that are
owned and operated by third parties. You acknowledge that Pictopia
is not responsible for the operation of or content located on or
through any such site. We encourage our users to be aware when they
leave our site and to read the privacy statements of each and every
web site that collects personally identifiable information. This
privacy statement applies solely to information collected by this
Web site.
Surveys & Contests
From time-to-time our site may request information from users via
surveys or contests. Participation in these surveys or contests is
completely voluntary and the user therefore has a choice whether or
not to disclose this information. Information requested may include
contact information (such as name and shipping address), and
demographic information (such as zip code, age level). Contact
information will be used to notify the winners and award
prizes. Survey information will be used for purposes of monitoring
or improving the use and satisfaction of this site.
Security
This website takes every precaution to protect our users'
information. When users submit sensitive information via the
website, your information is protected both online and off-line.
When our registration/order form asks users to enter sensitive
information (such as credit card number), that information is encrypted and is protected with the
best encryption software in the industry - SSL. While on a secure
page, such as our order form, the lock icon the of Web
browser's window becomes locked, as opposed to un-locked,
or open, when you are just 'surfing'.
If you have any questions about the security at our website, please
contact us through our feedback form (available via the 'Talk To Us'
tab at the top of every page in our site.)
Special Offers
Established members will occasionally receive information on
products, services, special offers, etc. Out of respect for the privacy of our
users we provide the option to not receive these types of
communications.
Site and Service Updates
We also send the user site and service announcement updates. Members
are not able to un-subscribe from service announcements, which
contain important information about the service. We communicate with
the user to provide requested services and in regards to issues
relating to their account via email or phone.
Correction/Updating Personal Information
If a user's personally identifiable information changes (such as
your zip code), or if a user no longer desires our service, we will
endeavor to provide a way to correct, update or remove that user's
personal data provided to us. This can usually be done at the user's
account information page or by contacting Customer Support through
our feedback form (available via the 'Talk To Us' tab at the top of
every page in our site.)
Choice/Opt-out
Our users are given the opportunity to 'opt-out' of having their
information used for purposes not directly related to our site at
the point where we ask for the information. For example, our account
creation form has an 'opt-out' mechanism so users who buy a product
from us, but don't want any marketing material, can keep their email
addresses off of our lists.
Users who no longer wish to receive our newsletter or promotional
materials from our partners may opt out of receiving these
communications by editing their account information or contacting
Customer Support through our feedback form (available via the 'Talk
To Us' tab at the top of every page in our site.)
Notification of Changes
If we decide to change our privacy policy, we will post those
changes on our site so our users are always aware of what
information we collect, how we use it, and under circumstances, if
any, we disclose it. If at any point we decide to use personally
identifiable information in a manner different from that stated at
the time it was collected, we will notify users by way of an
email. Users will have a choice as to whether or not we use their
information in this different manner. We will use information in
accordance with the privacy policy under which the information was
collected.
Changes
Pictopia shall maintain the right to change, at any time, any of the
following:
The terms of this agreement; Any product or service it offers
The fees and charges for its products and services.
Copyright and Trademark Notices
This site is owned and operated by Pictopia.com, Inc. Unless
otherwise specified, all materials appearing on this site, including
the text, site design, logos, graphics, icons, and images, as well
as the selection, assembly and arrangement thereof, are the sole
property of Pictopia.com, Inc., Copyright 1999-2004, ALL RIGHTS
RESERVED. All still image, audio and video clips are the sole
property of Pictopia.com Inc. or their respective content
providers. All software used on the site is the sole property of
pictopia.com Inc. or those supplying the software. You may use the
content of this site only for the purpose of shopping on this site
or placing an order on this site and for no other purpose. No
materials from this site may be copied, reproduced, modified,
republished, uploaded, posted, transmitted, or distributed in any
form or by any means without Pictopia's prior written
permission. All rights not expressly granted herein are
reserved. Any unauthorized use of the materials appearing on this
site may violate copyright, trademark and other applicable laws and
could result in criminal or civil penalties.
Pictopia.com is a trademark and/or service mark of Pictopia. All
custom graphics, icons, logos and service names are registered
trademarks, trademarks or service marks of Pictopia. All other
trademarks or service marks are property of their respective
holders. The use of any Pictopia trademark or service mark without
Pictopia's express written consent is strictly prohibited.
Typographical Errors
In the event a product or service is listed at an incorrect price or
with incorrect information for any reason, Pictopia shall have the
right to refuse or cancel any orders placed for any such product or
service. Pictopia shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Pictopia shall immediately
issue a credit to your credit card account in the amount of the
charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. Pictopia reserves the
right at any time after receipt of your order to accept or decline
your order for any reason. Pictopia reserves the right at any time
after receipt of your order, without prior notice to you, to supply
less than the quantity you ordered of any item. All orders placed
must obtain pre-approval either by not exceeding a credit limit for
the applicable corporate account or with an acceptable method of
payment, as established by our credit and fraud avoidance
department. We may require additional verifications or information
before accepting any order.
Sales Taxes
Pictopia shall automatically charge and withhold the applicable
sales tax for orders to be delivered to addresses within New Jersey or California,
orders whose originator is within New Jersey or California, or to orders where the
billed credit card's address is within New Jersey or California, except for
orders placed by corporate-account customers with resale status
(application and approval required). Each customer shall be solely
responsible for any and all sales or other applicable taxes that may
be due.
Service and Support
All requests for technical service and support should be made to
Pictopia. Pictopia will provide technical support in accordance with
its policies.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE
PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. YOU ACKNOWLEDGE THAT
YOUR ACCESS TO AND USE OF THE SITE OR THE SOFTWARE MAY NOT BE
UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF PICTOPIA OR ITS AGENTS,
WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL
CREATE ANY WARRANTY. YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS
AND/OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN
RISK.
NEITHER PICTOPIA NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE, THE
SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR
CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR
SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO
PICTOPIA ARISING FROM ANY ORDER MADE THROUGH THE SITE SHALL BE THE
TOTAL PRICE OF SUCH ORDER.
Miscellaneous
This Agreement is entered into in the State of California and shall
be governed by and construed in accordance with the laws of the
State of California, without regard to its conflict of law
principles. Each party to this Agreement hereby submits to the
exclusive jurisdiction of the state and federal courts sitting in
the County of Alameda in the State of California. In any action to
enforce this Agreement, the prevailing party will be entitled to
reasonable costs and attorneys' fees. In the event that any of the
provisions of this Agreement shall be held to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable,
transferable or sublicensable by you except with Pictopia's prior
written consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or paragraph
title contained in this Agreement is inserted only as a matter of
convenience and in no way defines or explains any paragraph or
provision hereof.
