Terms and Conditions

 

The following terms and conditions apply to all business transactions conducted with users of the Pictoart service. Fun and informative legal stuff.

 

  1. Your Privacy
  2. Copyrights
  3. Right of Refusal / Order Cancellation
  4. Customer Conduct
  5. Payment Policies
  6. Completion Times
  7. Returns Policy
  8. Services and Pricing
  9. Special Offers
  10. General Disclaimer of Warranty and Limitations of Liability
  11. Limitations of Liability Regarding Submitted Materials
  12. General Terms

1. Your Privacy

Pictoart recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed with us. Pictoart will not send you email or other materials except as needed to complete and close an order placed by you or respond to a request by you, unless we have express permission from you to send said materials.

 

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2. Copyrights

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written content that appear on the Pictoart site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Pictoart.

 

Pictoart will not violate the intellectual property of others or knowingly serve as accomplises in infringing behavior. You are responsible for all images you send, share, or upload to Pictoart. You must have the legal right to display, modify, and/or reproduce each image that you submit. Professional images that are provided to you by photographers or made available through websites, magazines, books, or other resources, are protected by copyright and should not be sent, shared, or copied without the express written consent of the copyright owners.

 

By submitting a photograph to Pictoart, you grant Pictoart (and its artists) the right to create derived works based on that photo. You also grant exclusive, worldwide, and perpetual rights to Pictoart for any derived work that it creates. Pictoart shall have the right to display such works or offer them (or variations of such works) to other customers. All correspondences received by Pictoart, regardless of medium, including those in the form of email, mailed letters, phone calls, recorded messages, or fax, are the property of Pictoart and may be included in entirety or in part as testimonials or other content in any marketing materials including webpages, brochures, and advertisements.

 

Photographers retain copyright and ownership of photos submitted to Pictoart (whether by mail or electronically). Any printed photo, slide, or film negative mailed to Pictoart as part of the order process will be returned to the customer unaltered. By sending or uploading a picture to Pictoart, the copyright owner gives Pictoart permission to display said picture in printed sales or marketing material or on its website(s).

Any display, duplication, or modification of any work created by Pictoart for commercial purposes or financial gain, is not permitted without written consent from Pictoart.

 

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3. Right of Refusal / Order Cancellation

Pictoart has the sole discretion to reject or cancel any order with or without cause at any time. Pictoart may refuse to create any work that it considers libelous, defamatory, obscene, profane, portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, or containing explicit sexual content.

 

Pictoart may choose to cancel orders when it does not believe it can complete the work to the customer's satisfaction, or if the work would require an unreasonable amount of effort, time, or expense to complete.

 

Any order which Pictoart refuses or cancels will receive a 100% refund.

 

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4. Customer Conduct

You shall not:

 

 

You agree to not use Pictoart's service to order any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

 

Pictoart reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Pictoart or others.

 

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5. Payment Policies

Pictoart accepts online payment via credit card through PayPal. All payments sent electronically through PayPal shall be securely transmitted using PayPal's technology. Pictoart does not have access to view bank account or credit card numbers, or any other information you may provide to PayPal to complete the purchase.

 

Pictoart will begin processing orders immediately upon verification that full payment has been received.

Any refund due shall be made by crediting the account (e.g. cretit card) used to complete the transaction through PayPal.

 

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6. Completion Times

The following timetable is not guaranteed for all orders. In the event that this timetable cannot be met, Pictoart will notify the customer with an approximate completion date. The customer may cancel his or her order for a full refund in the event that the timetable below cannot be met.

 

 

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7. Returns Policy

Pictoart goes to great lengths to ensure that all orders are filled accurately, on time, and are of the highest quality. If after receiving your work of art you are not satisfied -- highly unlikely :) -- you have 30 days to return the work (at your expense) to Pictoart for a refund (minus shipping charges), or a replacement (shipped to you at Pictoart's expense). At it's discretion, Pictoart may refuse to provide a replacement and may issue a refund instead.

 

You MUST contact Pictoart BEFORE you return any merchandise so that we can provide you with instructions that will allow us to issue you a refund or replacement.

 

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8. Services and Pricing

Pictoart reserves the right to change services, products, prices, and terms at any time without notice. All pending orders (whether payment in full has been made or not) will not be affected by any price change.

 

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9. Special Offers

Special offers, discounts, custom jobs, or use of vouchers may carry additional terms and conditions.

 

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10. General Disclaimer of Warranty and Limitations of Liability

Our services/products are provided as is. We make no express or implied warranty/claim regarding their performance or suitability for any purpose. Furthermore, you agree to indemnify us and keep us indemnified against any kind of direct, indirect, incidental, special exemplary, punitive, or consequential loss or damage, including reasonable attorneys' fees, as a result of the supply (or non-supply) of our services (or partners' services). In all circumstances (and under any legal jurisdiction), you accept that the maximum extent of our liability shall only be to provide you with a refund on your order.

 

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11. Limitations of Liability Regarding Submitted Materials

You understand that the submission of any material including digital content, photographs, film, letters or other written material, and designs, regardless of means, to Pictoart is done at your own discretion and risk. You will be solely responsible for any loss or damage to your material, content, or computer system or data that arises, whether directly or indirectly, as a result of using any Pictoart service. You are solely responsible for creating copies of your materials and back-ups of your digital content. We strongly advise that you send us copies of photographs, not originals. In the event of any loss of, or damage to, your materials, Pictoart shall not be liable in any way for the replacement of those materials.

 

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12. General Terms

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of North Carolina without regard to conflicts of law principles. These Terms and Conditions constitute the entire agreement between you and Pictoart with respect to the use of this service. Pictoart's failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

 

Pictoart reserves the right to amend these Terms and Conditions from time to time. Any use of the Pictoart service will be deemed acceptance of the Terms and Conditions.

 

Last Revision: February 19, 2005

 

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