Terms of Use

PICPRESS LLC
TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) applies to the PicPress website located at www.picpress.com (the “Site”), all associated websites linked to the Site by PicPress, and any services or products provided in connection with the Site (collectively “Service” or “Services”). PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE PICPRESS SITE OR SERVICES. BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SITE.

Note: Some Services may also be subject to additional terms or license agreements (collectively “Additional Terms”). Please also see any Additional Terms for the Service you are using. Without limitation, the Additional Terms for the following Services are hereby incorporated into this Agreement by reference:

PicPress Software License Agreement

If there is any conflict between the Agreement and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The Agreement and any applicable Additional Terms and all other documents incorporated by reference in this Agreement are referred to as the “Terms”.

PicPress reserves the right, at its sole discretion, to change, modify, add or remove portions of the Agreement, at any time. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Agreement, PicPress grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

YOUR USE OF THE SITE
You may not use the Site or Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Site or Services in any way, such as downloading or uploading any contents made available via the Site by PicPress, you, or other users, or (c) by merely browsing the Site.

You may not use the Site or Services if (a) you are prohibited by Law from receiving or using the Site or Services, (b) you are not fully able and competent to enter into a binding contract with PicPress, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.

PicPress may require you to provide consent to any updated Terms before further use of the Services is permitted. Otherwise, your continual use of the Site or Services constitutes your acceptance of the changes.

Except as expressly authorized by this Agreement, you may not use, copy, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our prior written consent. While using our Site, you agree not to:

  1.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. PicPress reserves the right to bar any such activity.
  2.  You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PicPress server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
  3.  You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of PicPress, including any PicPress account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
  4.  Restrict or inhibit any other user from using our Site or attempt to interfere with the proper working of the Site, including, without limitation, transmitting any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  5.  Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  6.  Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
  7.  Engage in spamming;
  8.  You may not use the Site or any content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of PicPress or others.
  9.  Upload to, transmit through, or display on our Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  10.  Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site; and
  11.  Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.

If you fail to comply with the above rules, such failure will constitute a violation of the Agreement, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site and Services.

YOUR PICPRESS ACCOUNT
Certain Services offered on or through the Site may require you to open an account. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are entirely responsible for safeguarding the confidentiality of the information you hold for your account, including your username and password, YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You may be held liable for losses incurred by PicPress or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You agree to notify PicPress immediately of any unauthorized use of your account or password, or any other breach of security.

You may not use anyone else’s account at any time without the express permission and consent of PicPress and the account holder. PicPress cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

MAKING PURCHASES
If you wish to purchase any products or services through our Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, prices and availability of any products or services are subject to change without notice. Our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use of any item purchased through our Site. By placing an order, you represent that the product(s) ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

PRIVACY
Your privacy is important to us. At all times your information will be treated in accordance with PicPress’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: https://www.picpress.com/privacy/.

SECURITY
PicPress takes your security and protection of personal information very seriously. PicPress uses a secure server (SSL) to encrypt your personal financial information. In addition, we use other physical, electronic and procedural safeguards to protect the security and confidentiality of the information we have collected, and to prevent unauthorized access to or disclosure of your information. Despite these efforts, however, you acknowledge and accept that PicPress cannot ensure or warrant the security of any information you transmit over the Internet, or guarantee that information on the Site may not be intercepted, accessed, disclosed, altered, or destroyed, even if there is a special notice that a particular transmission is encrypted. As such, PicPress will not be liable for such breaches.

THIRD PARTY LINKS
Our Site may direct you to sites, products or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that our Site directs you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. We direct you to such Third Party Properties only as a convenience. 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 become familiar with the terms of use and practices of any such Third Party Properties. Other sites may provide links to our Site with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Site, any third party content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY THIRD PARTY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, PRODUCTS AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, PRODUCTS AND SERVICES.

We will have the right, at any time and in our sole discretion, to block links to our Site through technological or other means without prior notice.

USER CONTENT
Some areas of the Site allow users to post content such as photos, profile information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Site “User Content”). You retain ownership of your User Content.

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2.  Your User Content and PicPress’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  3.  PicPress may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

PicPress takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PicPress shall not be liable for any damages you allege to incur as a result of User Content.

We reserve the right (without obligation) to reject and/or remove User Content that PicPress determines, in its sole discretion, is in violation of this Agreement, and you agree to indemnify and hold PicPress harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of such section. PicPress will fully co-operate with any law enforcement authorities or court order requesting or directing the PicPress to disclose the identity and/or location of anyone posting any material in breach of this Agreement.

INTELLECTUAL PROPERTY NOTICES
All User Content and all trademarks and service marks on our Site, not owned by PicPress, are the property of their respective owners. All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code (collectively, “PicPress Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such PicPress Content, contained on the Site is owned, controlled or licensed by or to PicPress, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in the Terms, no part of the Site and no PicPress Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without PicPress’s express prior written consent.

You may use information on PicPress products and services (such as data sheets, tutorials, knowledge base articles, and similar materials) purposely made available by PicPress for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You may choose to or we may invite you to submit comments or ideas about PicPress’s Services, including without limitation about how to improve the Service(s) (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PicPress under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PicPress does not waive any rights to use similar or related ideas previously known to PicPress, or developed by its employees, or obtained from sources other than you.

COPYRIGHT INFRINGEMENT
PicPress respects the Intellectual Property Rights of others and expects its users to do the same. PicPress will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing the allegedly infringing User Content if accessible via the Site, terminating or disabling the accounts and/or software licenses of repeat infringers, and/or making good-faith attempts to contact the user who posted the User Content at issue so that he may, where appropriate, make a counter-notification.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Site, on websites linked to or from the Site, or in connection with the Services, please provide, pursuant to the DMCA, written notification via regular mail (not via email or phone) of claimed copyright infringement to PicPress’s Copyright Agent (contact information below), which must contain all of the following elements:

  1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2.  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PicPress to locate the material.
  4.  Information reasonably sufficient to permit PicPress to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5.  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a take-down notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.

If you believe access to your User Content was disabled or removed by PicPress as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail (not via email or phone) to PicPress’s Copyright Agent (contact information below), which must contain all of the following elements:

  1. A physical or electronic signature of the subscriber;
  2.  Identification of the material that was removed from the Services and the location of the Service on which the material appeared before it was removed;
  3.  A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4.  Information sufficient to permit PicPress to contact you, such as your physical address, telephone number, and email address; and
  5.  A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Boulder County, Colorado if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney.

PicPress’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Attn: DMCA Notice
PicPress, LLC
Address: PO Box 18082, Boulder, CO 80308
Email: copyright@picpress.com

Under penalty of perjury, under Section 17 U.S.C. §512(f) of the DMCA, any person who knowingly materially misrepresents infringement, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by PicPress.

PLEASE NOTE The preceding requirements are intended to comply with PicPress’s rights and obligations under the DMCA, Section 17 U.S.C. §512(c), but do not constitute legal advice.

DISCLAIMER
PICPRESS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PICPRESS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PICPRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICPRESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PICPRESS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PICPRESS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL PICPRESS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, DATA OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF PICPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PICPRESS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, PICPRESS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF PICPRESS ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE LIMITED TO US $100. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify and hold PicPress, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PicPress by any third party due to or arising out of or in connection with your use of the Site.

JURISDICTION AND GOVERNING LAW
Jurisdiction. Our Site is controlled and operated from facilities in the United States. We do not represent or warrant that our Site and/or Services or any part thereof is appropriate or available for use in any particular jurisdiction. Any offer for any feature, product or service made on the Site is void where prohibited. Those who choose to access or use our Site or Services do so at their own initiative and at their own risk are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. PicPress may limit the availability of our Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Governing Law. You agree that: (i) the Site and Services shall be deemed solely based in the state of Colorado, United States; and (ii) the Site and Services shall be deemed a passive one that does not give rise to personal jurisdiction over PicPress, either specific or general, in jurisdictions other than the State of Colorado. This Agreement shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Boulder, Colorado for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PICPRESS.

Arbitration. In the unlikely event that PicPress has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any PicPress claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Boulder County, Colorado, unless you and PicPress agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing PicPress from seeking injunctive or other equitable relief from the courts as necessary to protect any of PicPress’s proprietary interests.

Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOUR ACCESS AND CONTINUED USE OF OUR SITE AND SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

TERMINATION
Either you or we may terminate your access to our Site or Services and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Site or Services will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Content, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Site or Services and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

GENERAL
Language. The English version of this Agreement will be the version used when interpreting or construing this agreement.

Notification. PicPress may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through our website, as determined by PicPress in our sole discretion. PicPress reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. PicPress is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Entire Agreement. The Terms shall constitute the entire agreement between you and PicPress with respect to your access to or use of the Site and Services and supersede any prior agreements between you and PicPress on such subject matter.

Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without PicPress’s written consent. PicPress’s rights under the Terms are transferable by PicPress.

Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver. No waiver or failure by PicPress to enforce or exercise any provision of the Terms, or any related right, shall constitute a waiver of that provision or right, preceding or subsequent.

Report Abuse. Please report any violations of the Terms. Any report or notice provided to PicPress pursuant to the Terms may be sent via email to info@picpress.com, Subject: REPORT ABUSE.

You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Site or Services.

If you have any questions or comments regarding these Terms, please contact: info@picpress.com

 

Last update: April 13, 2016

 

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