1. Accounts
Your Pictage, Inc. account is available for your non-commercial, personal use. Your
account can be utilized to post photographs that you want to let other specified people view and purchase. You
can also use your account to view photographs in other accounts if you have been authorized by that account
holder. Any photographs in your account are password protected unless you allow other Pictage, Inc. account
holders access to such photographs. Pictage, Inc. reserves the right to cancel or discontinue accounts which
have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the
address you used when you set up your account. If you do not respond to the email within 10 days, your account
may be removed.
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2. Photographs and Products
All of the photographs featured on our Web site were created by photographers who have
provided them to Pictage, Inc. for worldwide sale and distribution. The copyrights in the photographs are
owned by the photographers thereof who have licensed to Pictage, Inc. the right to post them on the site and
provide the services offered. You can purchase the photographs featured on our Web site from Pictage, Inc. in
the form of photographic prints, or other photographic products such as picture frames or photo-albums
(collectively, the "Products"). You acknowledge that all Products are custom made to your order and
have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all
Products is required to be made in full in advance. All items purchased through Pictage, Inc. and shipped to
you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon
our delivery to our shipping carrier. You may not reproduce, display, transmit, distribute or otherwise
exploit the Products, or any portion thereof, in any manner, including, without limitation, print or
electronic reproduction, publication or any display of photographs, without the prior written consent of
Pictage, Inc.. While you can add captions and descriptions to the photographs in your account in accordance
with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including
without limitation, adding other material to a Product, without Pictage, Inc.'s prior written consent. While
Pictage, Inc. uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy
or publicity, including the use of subject releases when necessary and requiring the photographers to screen
the photographs posted on the Web site, it makes no representations or warranties as to the accuracy,
correctness or reliability of the photographs, nor can Pictage, Inc. ensure that all persons depicted in the
photographs have consented to the display of their image on this Web site. If your photograph appears on this
Web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it
to remove@Pictage.com with a description of why you would like it removed.
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3. Content
You may NOT post or obtain any content using the Web site which: Is threatening, obscene,
pornographic or profane material or any other material that could give rise to any civil or criminal liability
under applicable law. Pictage, Inc. recommends you use, an "adult-content" warning label when
pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or
copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or
their parents or legal guardians, where applicable) who are shown in the material. While Pictage, Inc. does
not and cannot review all content provided to it, and is not responsible for such content, Pictage, Inc.
reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive,
defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge
that any content may be removed, published, copied, modified, transmitted and displayed by Pictage, Inc. for
the purposes of delivering the offered services. Pictage, Inc. will not be liable for any content provided to
it, including the photographs and any content added by account holders.
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4. Forums and Public Communication
From time to time the site may include bulletin boards, chat rooms, or other forums
("Forums") and the information and opinions expressed in the Forums are not those of Pictage, Inc.
or the photographers. You are solely responsible for all content you post on or submit to the Forums. You are
aware and acknowledge that Pictage, Inc. has no obligation to monitor the Forums and you are not relying upon
Pictage, Inc. to monitor the Forums. Furthermore, neither Pictage, Inc. nor the photographers are responsible
or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on
such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether
actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or
character whatsoever based upon or resulting from any information or opinions provided in or through Pictage,
Inc.. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval,
distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services. You specifically acknowledge that soliciting other Pictage, Inc. users to
join or become members of any commercial online service or other organization is expressly prohibited. By
posting content to any Forum or submitting any content for addition to the photographs or any other content
exhibited on the site, you grant (or warrant that the owner of such rights has expressly granted) to Pictage,
Inc. a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, and distribute such content or incorporate such content into
any form, medium, or technology now known or later developed throughout the universe.
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5. Disclaimers
THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE
PROVIDED "AS IS" AND PICTAGE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
PICTAGE, INC. DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICTAGE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK.
YOU (AND NOT PICTAGE, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING
FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation of Liability
Neither Pictage, Inc., nor its licensors or representatives, shall be responsible or
liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect,
incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your
access to or use of either this Web site or the photographs or Products. You acknowledge that the
photographers are independent contractors of Pictage, Inc. and if you are not satisfied with the photographs
or Products in any way, you shall look solely to such photographer(s), and not to Pictage, Inc., for any
damages and/or claims whatsoever relating to the photographs or Products.
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7. Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit the
photographs or Products, or any portion thereof, in any manner not authorized by Pictage, Inc., or if you
otherwise infringe any intellectual property rights or any other rights relating to the photographers,
photographs, Products or this Web site, you agree to indemnify and hold Pictage, Inc., its subsidiaries,
affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including
reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products
and/or your breach or alleged breach of these terms of this Agreement.
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8. Ownership of Our Web site
All of the content (other than the photographs) on our Web site, including without
limitation, the graphics, design, and look and feel are owned by Pictage, Inc. and are protected by United
States and international copyright, trademark, patent, trade secrets and other intellectual property rights
protection. The Pictage, Inc. logos are trademarks owned by Pictage, Inc. and may not be used or reproduced
without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise
disassemble software included on this Web site.
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9. Third-Party Software
Pictage, Inc. may make software from third-party companies available to you. To
download such software, you may be required to agree to the respective software licenses and/or warranties of
such third-party software. Each software product is subject to the individual company's terms and conditions,
and the agreement will be between you and the respective company. This means that Pictage, Inc. does not
guarantee that any software you download will be free of any contaminating or destructive code, such as
viruses, worms or Trojan horses. Pictage, Inc. does not offer any warranty on any third-party software you
download using the Web site. Moreover, you are responsible for compliance with all local laws, and you are
required to comply with U. S. export laws and regulations when you use or export any software or materials
provided through the Web site.
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10. Third-Party Links
Pictage, Inc. may provide links to third-party sites that might be of interest to you.
Pictage, Inc. has no control over the content or availability of the contents of these sites. It is your
responsibility to become familiar with each site's privacy and other policies and terms of service, and to
contact that site's webmaster or site administrator with any concerns.
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11. International Use
Pictage, Inc. makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws.
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12. Other Terms
These terms shall be governed by and construed in accordance with the laws of the
State of California, without giving effect to any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts
located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as
specified herein, no representations, warranties or promises of any kind have been made to you by Pictage,
Inc. regarding the use of the Web site or the use or purchase of the photographs or the Products.
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Pictage Product Satisfaction Policy
At Pictage, superior products and reliable delivery come standard with every order. Our products undergo
meticulous quality inspections to ensure they pass the highest level of scrutiny. We guarantee our products
will arrive free of damage or defect, and we will replace any products, at our expense, that fail to meet
these rigorous standards.
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