Terms of Service
Welcome to PicsCliq. We sincerely hope you enjoy your time spent with us and find that using our service is easy and enjoyable.
PicsCliq LLC (PicsCliq) operates and maintains this website, www.picscliq.com, including all content thereon (the "Site"). By accessing, browsing or using the Site, you accept and agree to these terms of service (the "Terms"). We may amend the Terms at any time without notice. It is your responsibility to review the Terms each time you use the Site. Please exit the Site immediately if you do not accept or agree to the Terms.
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions and our associated Privacy Statement. Your use of this website constitutes your agreement to follow these rules and to be bound by them. Any activity on this site and any order for products placed through this website will be subject to these Terms and Conditions.
Images and Product Sales
All the photographs featured on this site are owned by photographers who have uploaded them to the site for sale and distribution purposes. The photographers retain the copyrights to the photographs, and have merely granted PicsCliq a license to post such photographs on the site. You are not purchasing the copyright to any photograph but only editions for your personal use. You may not reproduce or duplicate any photograph that you purchase or any photograph related product that you purchase.
Photographs featured on our site can be purchased in the form of prints or products
You acknowledge that all products are custom made to your order by a professional color lab 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 Collages.net, Inc. and shipped to you by your photographer or their color lab 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.
These TOS are void where prohibited by law and no Subscriber may use our tools and services in such jurisdictions.
Subscriber, which includes all publishers, advertisers and other parties using our tools and services, warrants that it will not (whether a publisher, advertiser or otherwise) publish songs or other content that is infringing, defamatory, indecent, obscene, intolerant, racist or that otherwise violates any law or right of any third party or entity, as set forth herein.
We reserve the right to remove any content from the site at any time for any reason, or to terminate any users right to use the site at any time for any reason. We may or may not provide a reason for removal of services to any user if we deny services.
You may not resell or sublicense your User Account to any third person.
Subscribers must be at least 18 years of age and legally able to enter into a binding contract in order to use the PicsCliq website.
You will indemnify us and hold us harmless, including our parent organization, subsidiaries, affiliates, officers and employees harmless, including costs, fees, damages and reasonable attorneys fees, from any claim or demand made by any third party due to or arising out of your use of our tools or services and or any action you have taken relating to your use of our Web Site and the related tools and services.
We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Rules of Conduct
Members warrant they shall not use the Picsliq.com service for any of the following activities:
- Displaying photos that contain nudity or pornographic material of any kind;
- Posting, photos, captions, names, posts or descriptions that convey blatant expressions of bigotry, prejudice, racism, hatred or profanity;
- Defaming any person, group, or image;
- Linking to any site that promotes any of the above;
- Violates any laws, rules, or regulations of any governmental or other administrative organization having authority over the service, or users.
- Impersonates another Member, a PicsCliq employee, law enforcement officer, community or religious leader, or school teacher;
- Facilitates the delivery of "spam" e-mail;
- Picsliq reserves the right to remove, at its discretion and without notice, any material contrary to these policies and/or to refuse service to anyone who violates any of these Terms of Service. Although www.picscliq.com takes reasonable precautions to preserve and protect the material you may upload to the service, www.picscliq.com cannot warrant that no loss or corruption of data shall occur. You should not rely on the service as your only source for the material you provide. You should backup copies of any digital information you have uploaded to YourPhotos.com.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
If any provision of these TOS are found to be unenforceable or invalid, that provision(s) the remaining provisions shall be valid and enforceable. This Agreement is not transferrable by Subscriber but is fully and without limitation of any nature transferrable and assignable by us.
No agency, partnership, employment or joint venture is created by these TOS. Each party is an independent contractor as to the other party. Subscriber has not ability to represent or bind us in any way.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at firstname.lastname@example.org.
Please provide our Agent with the following Notice:
- Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Intellectual Property Provisions
All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be framed or mirrored. All content on this site is protected by US and State copyright laws.
Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.
Links to Third Party Sites
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Delaware or New York, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
Modifications of this Agreement
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Intellectual Property Notices have been Provided to You
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be willful in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Please contact us by sending an email to email@example.com
Returns and Refunds
PicsCliq 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 the purchase of the product, we will refund or replace the product at our expense. If you request a refund, it will be credited to the credit card that you intiailly made the purchase on. If you request a replacement, we'll arrange for you to reorder the original items at no charge.
Please contact Customer Support to request a refund or replacement for products purchased from PicsCliq.
It is our policy, except as noted below, not to sell, trade, lease, give away or otherwise release your personal information, which includes your name, physical address (business or home), home or business telephone number and your e-mail address.
However, please note that we will share some aspects of your personal information in order to process your orders, for example, to allow our manufacturers to create what you have ordered and naturally, to process your payments for the products and services that you might order.
2. General Information
We are not responsible for the privacy of any information that you post, publish or distribute on our site or via our site. Remember that our site allows you to post certain information that is available for the public to see. We cannot promise that content will be anonymous in nature for various reasons that may be outside of control such as governmental action, subpoenas and other actions we can be responsible for.
We do not store any credit card information. All credit card and other payment related services are provided a third party(s). We will never request that you provide us with credit card information.
Should you use our 'forward to friend' service, we may store related file details in our database. We may send emails to those parties so that we can encourage them to sign up for our services. We also will store information regarding such friend emails so that we can determine which of our members are more successful regarding recruiting new members to our web site in case we wish to reward or provide some sort of positive feedback to such members.
Possible exceptions to our policy include the following circumstances, and as indicated herein:
If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action, should we posses that information, then we would share whatever personally identifying information we possess with the seeking party. Generally speaking, it is unlikely that we would possess that information except as explained herein.
If our attorney requests personally indentifying information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter then we will share whatever personally indentifying information that we may have with our attorney.
Please consult the HELP menu of your browser to learn how to turn your cookies off. Cookies do not reveal personal information and if you turn off your cookies you may find your enjoyment of the Internet, and our site, to be reduced or impaired.
In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.
Cookies may provide Recording Session information, show us visitor preferences regarding return visits to our website, help us to mange subscription or private areas on our website, record user specific tracking or aggregate tracking information of visitors and deliver user customized content based on user specific information, such as browser type, screen type and resolution and so forth. None of the information gathered is shared with third parties.
Other possible uses for the information that we collect include internal tracking, review, or is used for contacting purposes and then is archived by us for future usage. We also use the information we collect to provide custom content for our user base.
5. Further Information
It is our policy not to send unsolicited emails or allow third parties to contact you via the email address that you provide to us.
You can access our Website home page without disclosing your personal data. Some aspects of our site are available to registered members only and as our terms require, you must provide us with the required registration information, which has to be complete, accurate and up to date.
We will gather site visitors' and members' IP (Internet Protocol) addresses and aggregate the same so that we can provide demographic information for potential partners, investors or advertisers or for other purposes designed to promote or benefit our web site or business in general. Such information is not personally identifiable in nature.
We do not knowingly collect personal data or information from minors.
We have implemented security policies, rules and technical measure to protect the personal data that we have under our control. These policies, rules and technical measures help to protect your data from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, note that no policy, rule or technical measure can offer 100% protection against unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.
All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitors and users personal data. Our database may contain confidential information regarding you or your personal communications to third parties. While we endeavor to maintain reasonable, industry standard security regarding such information/content, no security system can be 100% fool proof. In the event that the security to such information/content is breached for reasons outside of our control, you agree to HOLD US HARMLESS and to INDEMNIFY us against any loss, damages, injuries, costs, fees and claims of any and all nature regarding such security breaches.
6. Further Data Collection
We may collect aggregate (general tracking) information about pages that users visit on our site. We also may collect user specific information about pages that users visit on our site. Any information that you give us when you complete a contact form or inquiry form, survey and so forth is temporarily collected by us as explained herein.