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Terms of Service

Date of Last Revision: February 8, 2010

This website is owned and operated by Pictage, Inc. (“Pictage”, “we”, or “us”). The terms and conditions below apply to your use of this website and the content and services provided herein (collectively, the “Service”). They also apply to your purchases of any photographic prints and other photographic products offered by Pictage through the Service. So please read these Terms of Service carefully. By using the Service or any portion thereof, you agree to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, do not use the Service. You must be at least eighteen (18) years of age to use the Service. If you are not at least eighteen (18) years of age, do not use the Service. We reserve the right to modify the terms and conditions contained herein at any time in our sole discretion. So you must check these Terms of Service periodically for changes. Your continued use of the Service or any portion thereof following the posting of such changes (including but not to any changes to Pictage's Privacy Policy, which is referenced below) will mean that you accept such changes.

1. Service

Pictage hereby grants you a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. Pictage strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that Pictage will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between Pictage and you, Pictage may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.

2. Accounts

To obtain a Pictage account, you must register as a member. You agree that all information you provide to us in the registration process will be accurate, current, and complete, and that you will update this information from time to time as necessary to keep it accurate, current, and complete. You will be assigned, or will be asked to choose, one or more passwords when you register as a member. You must keep your passwords confidential. You are responsible for all activities that occur under your passwords. You must notify Pictage immediately if you believe any of your passwords are no longer confidential, or if you believe someone has used any of your passwords without authorization. Pictage may, at any time and for any reason, require you to choose a new password. Except as otherwise expressly provided in a separate written agreement between Pictage and you, Pictage may cancel or discontinue your member account at any time and for any reason.

3. Conduct

You agree that you will not use the Service or any portion thereof:

  • for any unlawful purpose;
  • to upload, post, or transmit any content that (i) is threatening, abusive, obscene, defamatory, or libelous, (ii) infringes upon or violates any rights of privacy or publicity, or any copyright, trade mark, or other intellectual property right, (iii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus), or (iv) could otherwise give rise to any civil or criminal liability under applicable law;
  • for any commercial purpose other than as expressly permitted in a separate written agreement between Pictage and you;
  • to transmit any advertising, promotional materials, or other forms of solicitation that have not been authorized by Pictage;
  • to attempt to access another member’s account without permission;
  • to impersonate another person or entity, or to misrepresent your affiliation with another person or entity; or
  • to interfere with or disrupt (or attempt to interfere with or disrupt) the Service.

Pictage does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. Pictage reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.

4. Photographer Directory

Pictage does not provide, guarantee, or endorse any of the products or services advertised or presented by photographers in the Pictage Photographer Directory. All dealings, understandings, and agreements regarding such products and services are solely between you and the photographer. Any dispute you have with a photographer found through the Directory is solely between you and that photographer.

5. Forums

From time to time the Service may include bulletin boards, chat rooms, or other such forums (“Forums”). Except as otherwise noted, any information and opinions expressed in the Forums are not those of Pictage. You are solely responsible for all content you post on or submit to the Forums, and such content must comply with these Terms of Service. You acknowledge and agree that Pictage has no obligation to monitor the Forums and you are not relying upon Pictage to monitor the Forums. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT PICTAGE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE) RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED IN OR THROUGH THE FORUMS.

6. Links

The Service may contain links to third-party websites. Pictage does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.

7. Intellectual Property

Except for the photographs and other content provided by you and/or third parties, all of the content on this website (including without limitation the graphics, design, and look and feel) is owned by Pictage and is protected by United States and international copyright, trademark, and/or other intellectual property rights laws. All of the photographs featured on this website were created by photographers who have provided them to Pictage for worldwide sales and distribution. Those photographers retain the copyrights in their photographs, and have merely granted to Pictage a license to post such photographs on the website and provide the corresponding Products and Services offered herein. All of the content on this website other than the content provided by you is referred to herein as the “Content.” You may view the Content for personal, non-commercial purposes only, and you may download copies of the Content only as is necessary and incidental to your acts of viewing it. Except as expressly provided in this paragraph, you may not use, reproduce, display, store, modify, distribute, transmit or otherwise exploit the Content or any portion thereof in any form, medium, technology, or manner without the prior written consent of the owner thereof, and all other rights in the Content are expressly reserved by Pictage and its licensees.

You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content and to grant the rights and licenses to such content as granted herein. If there is a separate Photographer Purchase Agreement with Pictage that addresses Pictage’s use of photographs and/or other content that you post on this website or provide to Pictage, then that agreement shall govern Pictage’s use of that particular content. For all other content, you hereby grant to Pictage a perpetual, royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed.

8. Reporting Copyright and Other Violations

Pictage does not police the content posted on this website by photographers and other users, and is not responsible for the acts or omissions of those third parties. However, Pictage respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and other users of the Service to do the same. If your photograph appears on this website without your consent and you wish to have it removed, please fill out our contact us with your request. If you are a copyright owner or an agent representing the copyright owner and believe that any content on this website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with all the following information in writing (and you acknowledge that such notice and/or information may be forwarded to the alleged infringer):

  1. identification of the copyrighted work (or, if multiple copyrighted works are at issue, a representative list of such works) that you claim has been infringed;
  2. identification of the material on the website 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 Pictage to locate such material;
  3. information reasonably sufficient to permit Pictage to contact you, such as an address, telephone number, and, if available, an electronic mail (e-mail) address;
  4. a statement that you have a good faith belief that use of such material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf of that owner; and
  6. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Pictage's designated Copyright Agent to receive notifications of claimed infringement can be reached at:

By mail: Copyright Agent
Pictage, Inc.
1580 Francisco Street
Suite 101
Torrance, California 90501
By facsimile: (310)525-1565
By support form: http://www.pictage.com/client/help.do
By email: help@pictage.com

You acknowledge that if you fail to comply with all of the foregoing requirements, your notice may not be valid pursuant to the DMCA. Following receipt of your notice, Pictage may remove the allegedly infringing content. Additionally, Pictage may terminate the account of the member who posted the allegedly infringing content.

If any of your content is removed as a result of any such DMCA notice received by Pictage and you believe that such content does not infringe on a copyright, or that you have proper authorization from the rightful copyright owner, their agent, or pursuant to the law to post and use such content, you may send a counter-notice that contains all of the following information to our Copyright Agent:

  1. identification of the content that has been removed or disabled and the location where the content appeared prior to being removed or disabled;
  2. a statement that you believe in good faith that the content was removed or disabled as a result of a mistake;
  3. your contact information including your name, address, phone number, and, if available, an e-mail address;
  4. a statement that you consent to jurisdiction of the federal court in Los Angeles, California;
  5. a statement that you will accept service of process from the person that provided notification of the alleged infringement; and
  6. your physical or electronic signature.

If a counter-notice is received by our Copyright Agent, Pictage may send a copy of the counter-notice to the initial complaining party and may inform that person that Pictage may restore the removed or disabled content in ten (10) business days. The removed content may be restored within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Pictage’s sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue.

9. Product Purchases

You can purchase copies of the photographs featured on this website in the form of photographic prints or in the form of other photographic products that are offered by Pictage, such as photo-albums. Such prints and other photographic products are collectively referred to herein as “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. The shipping terms for all Products purchased by you are FCA, Pictage’s shipping point (Incoterms 2000), and Pictage may, at its option, select the common carrier for delivery of the Products (with the understanding that any carrier selected or used by Pictage is not the agent of Pictage). Risk of loss and/or damage, and title, for all such Products will pass from Pictage to you upon the carrier’s receipt of the Products. Although Pictage strives to fulfill all Product orders in a timely fashion, all Product delivery dates are approximate and not guaranteed, and Pictage will have no liability for any late delivery. Pictage reserves the right to make partial shipments of Products.

10. Product Satisfaction Policy

Pictage is committed to your satisfaction. If any Product that you purchase is defective and you return that Product to us within thirty (30) days following our initial shipment of that Product, we will repair or replace that Product at our expense. Before returning any Product to us, you must notify us of the problem by filling out our contact form or calling us at (877) 742-8243.

11. Disclaimers

THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PICTAGE DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICTAGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO PICTAGE, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PICTAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF PICTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PICTAGE’S MAXIMUM, AGGREGATE LIABLITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO PICTAGE IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN PICTAGE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND PICTAGE’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.

13. Indemnification

You agree to indemnify and hold harmless Pictage, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account.

14. Software

In connection with the Service, Pictage may make software available to you. To download such software, you may be required to agree to a separate software license agreement. Third party software is subject to that third party's terms and conditions, and the agreement will be between you and that third party. Pictage 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 does not offer any warranty on any software that you download. Moreover, you are responsible for compliance with all applicable laws, including but not limited to United States export laws and regulations, when you use or export any software or materials provided in connection with the Service.

15. International Use

Pictage makes no representation or warranty that the Service or the Content is appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or the Content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

16. Privacy Policy

Pictage is committed to safeguarding your privacy. Please review Pictage’s Privacy Policy. The terms of our Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.

17. Email Policy

You may receive emails from Pictage if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, Pictage intends to include an easy way for you to choose to cease receiving emails from Pictage. Please note that, if you do choose to cease receiving emails from Pictage, it can take up to seven (7) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from Pictage (or purporting to be sent from Pictage), please forward a copy of that email with your comments to help@pictage.com for review. We respect your time and attention by monitoring the frequency of our mailings.

18. Other Terms

These Terms of Service (a) will be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law, (b) may only be amended as provided in the first paragraph of these Terms of Service, or by a written agreement signed by both parties, (c) constitutes the entire agreement between the parties with respect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. You hereby agree to the exclusive jurisdiction of the courts of the State of California located in Los Angeles County with respect to any legal proceeding arising in connection with this Agreement. This Agreement and any benefits to be derived hereunder may be assigned or transferred in whole or in part by Pictage. You may not assign this Agreement, in whole or in part, without the prior written consent of Pictage, and any such assignment or purported assignment by you without Pictage’s prior written consent will be void. Failure of a party to enforce any provision of this Agreement will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. In the event that any provision of this Agreement is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You may not use Pictage’s name or any of its trademarks or logos in any advertising or marketing materials without Pictage’s prior written approval.

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