PICTUREIT CREATIONS WEBSITE TERMS OF USE
1. Use of the Website
By entering, accessing and/or using the PICTUREIT CREATIONS website (“Website”), you accept and agree to be bound by these terms of use (“Terms”). The term “User(s)” in these terms refers to visitors who simply browse the website and those who register with the website. Acceptance of these Terms creates a binding contract between you and PICTUREIT CREATIONS. PICTUREIT CREATIONS, the owner of the website. your use of the website, including the websites of any of PICTUREIT CREATIONS, related companies or affiliates, and PICTUREIT CREATIONS personalized products and personalization services (collectively, “Service(s)” is entirely conditioned on and subject to your compliance with these Terms. If you do not agree to these terms, then you should leave the website and discontinue use of the services immediately. Please read the terms carefully and thoroughly, as they create a binding contract.
2. Limited License
Subject to the Terms stated herein, PICTUREIT CREATIONS grants you a limited, revocable, and nonexclusive license to the access and use the website and service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of PICTUREIT CREATIONS. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by PICTUREIT CREATIONS and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of PICTUREIT CREATIONS or a third party. Specifically, PICTUREIT CREATIONS owns the PICTUREITCREATIONS.COM name, trademarks and logos, as well as other protected trademarks. You agree to not use the PICTUREIT CREATIONS marks without written permission from PICTUREIT CREATIONS. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PICTUREIT CREATIONS, and are protected by U.S. and international copyright laws and treaties. The compilations (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of PICTUREIT CREATIONS and is also protected by U.S. and international copyright laws. All photographs created by the personalization of products, including photographic previews, are owned exclusively by PICTUREIT CREATIONS and, if there is any dispute about ownership, by accessing and using this Website and its Services, you agree to assign any such rights to PICTUREIT CREATIONS. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4 Age Requirements/Eligibility
You affirm that you are over the age of eighteen (18), as the Service and this Website are not intended for individuals under the age of 18. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users
By accessing this Website or using this Service, you represent and warrant that you will abide by and comply with the Terms contained herein, including the following rules of conduct for users:
A. You shall use the Service at your own risk.
B. While not condoned or allowed under these Terms, the Website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.
C. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
E. If you are a registered user, then you are solely responsible for your account, including andy activity undertaken under your username and password. You agree to notify PICTUREIT CREATIONS promptly if there is any unauthorized use or access to your account, or any other breach of security.
F. You alone are responsible for your conduct and materials or content you submit, display or post on the Service.
G. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
H. The collection and harvesting of private or personally identifiable information is strictly prohibited.
I. PICTUREIT CREATIONS also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.
6. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Services, and for any content that is submitted, accessed or downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
7. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website and Service are provided “as-is”. PICTUREIT CREATIONS, and its officers, directors, employees, affiliates, and agents (“PICTUREIT CREATIONS PARTIES”) expressly disclaim any and all representations and warranties, whether express or implied, statutory or otherwise, including but not limited to implied warranties or merchantability, fitness or a particular purpose, title, non-infringement, and ownership. PICTUREIT CREATIONS PARTIES do not represent or warrant the accuracy, reliability, timeliness, or completeness of the Website or Service, or that the Website and Service are free from any viruses, errors, bugs or other harmful components.
8. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by PICTUREIT CREATIONS. PICTUREIT CREATIONS makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
10. General Contractual Clauses
a. Privacy: PICTUREIT CREATIONS does not rent, sell, or otherwise provide your personally-identifiable information for third-party marketing or solicitation purposes. The PICTUREIT CREATIONS Privacy Policy is incorporated herein by reference, and may be accessed and read at: Privacy Policy.
b. Limitation of Liability: To the extent your local law does not allow limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, PICTUREIT CREATIONS, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. Indemnification: You agree to indemnify, defend, and hold PICTUREIT CREATIONS, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violations of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. Assignment: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, PICTUREIT CREATIONS may assign, convey or transfer without any restriction or notice.
e. Termination: Your access and use of the Website and Service is at the sole discretion of PICTUREIT CREATIONS. PICTUREIT CREATIONS may remove any content and/or terminate your access without notice for any reason, and PICTUREIT CREATIONS is not liable for any such termination.
f. Miscellaenous Provisions
i. Govering Law/Venue: These terms shall be governed by and construed in accordance with the laws of the State of Michigan. The state and federal courts in Michigan, shall be the exclusive forum and venue for any disputes that arise under or are related to these Terms. You hereby consent to personal jurisdiction in Michigan.
ii. Amendment: PICTUREIT CREATIONS is free to alter, amend, or change these Terms at any time without notice. The amendements will prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
iii. Entire Agreement: These Terms reflect the entire agreement between you and PICTUREIT CREATIONS. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iv. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
For more information about PICTUREIT CREATIONS or these Terms, please contact PICTUREIT CREATIONS at:
PictureIt Creations, LLC
5133 Pinckney Road
Howell, MI 48843
Email: service@pictureitcreations.com