Terms of Use
Welcome to the PicStreet Web Site
("Site"). Please review the following basic terms that govern your use
of and purchase of products from our Site. Please note that your use of
our Site constitutes your agreement to follow and be bound by those
terms (the "Agreement")
GENERAL
We may from time to time change the terms that govern your use of our Site. Your
use of our Site following any such change constitutes your agreement to
follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that appear as part of this Site (collectively, the
"Contents") are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by PicStreet. The
Contents of our Site, and the Site as a whole, are intended solely for
personal, noncommercial (other than for the purchase of merchandise
from our site) use by the users of our Site. You may download or copy
the Contents and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative works
from, sell or participate in any sale of, or exploit in any way, in
whole or in part, any of the Contents, the Site, or any related
software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to PicStreet on or by this
Site or otherwise disclosed, submitted or offered in connection with
your use of this Site (collectively, "Submissions") shall be and remain
PicStreet property. Such disclosure, submission or offer of any
Submissions (other than photos submitted for bag production) shall
constitute an assignment to PicStreet of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in
the Submissions (other than photos submitted for bag production). Thus,
PicStreet will own exclusively all such rights, titles and interests
and shall not be limited in any way in its use, commercial or
otherwise, of any Submissions. PicStreet shall be under no obligation
(1) to maintain any Submissions in confidence; (2) to pay to user any
compensation for any Submissions; or (3) to respond to any user
Submissions.
You agree that no Submissions (including all
photos submitted for bag production) submitted by you to the Site will
violate any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). You further agree
that no Submissions submitted by you to the Site will be or contain
libelous or otherwise unlawful, abusive or obscene material. You are
and shall remain solely responsible for the content of any Submissions
you make.
You agree that PicStreet may use and/or disclose
information about your demographics and use of the Site in any manner
that does not reveal your identity. By participating in Site
sweepstakes, contests, promotions, and/or requesting promotional
information or product updates, you agree that PicStreet may use your
information for marketing and promotional purposes.
PICSTREET COMMUNICATIONS TO YOU
You agree that PicStreet may send electronic mail to you for the
purpose of advising you of changes or additions to this Site, about any
of PicStreet products or services, or for such other purpose(s) as
PicStreet deems appropriate.
PRODUCT INFORMATION
COLORS
We have made every effort to display as accurately as possible the
colors of our products that appear at the Site. However, as the actual
colors you see will depend on your monitor, we cannot guarantee that
your monitor's display of any color will be accurate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and
resources, the availability and content of which PicStreet does not
control, any concerns regarding any such service or resource, or any
link thereto, should be directed to the particular outside service or
resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF
THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR
USE OF OUR SITE, AND THAT PICSTREET SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on PicStreet.com that
contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, and availability. We reserve
the right to correct any errors, inaccuracies or omissions and to
change or update information at any time without prior notice
(including after you have submitted your order). We apologize for any
inconvenience this may cause you.
INDEMNIFICATION
You agree to defend, indemnify and hold PicStreet harmless from and against
any and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless
otherwise specified and except to the extent PicStreet products are
offered for sale in the United States through this Site, this Site and
the Contents thereof are displayed solely for the purpose of promoting
PicStreet products and services available in the United States and
select foreign markets. This Site is controlled and operated by
PicStreet from its offices in Durham, North Carolina.
This Agreement shall be construed in accordance
with the laws of the State of North Carolina, without regard to any
conflict of law provisions. Any dispute arising under this Agreement
shall be resolved exclusively by the state and federal courts of the
State of North Carolina, County of Durham.
TERMINATION
This Agreement is effective unless and until terminated by either you or
PicStreet. You may terminate this Agreement at any time. PicStreet also
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if in
PicStreet sole discretion you fail to comply with any term or provision
of this Agreement. Upon any termination of this Agreement by either you
or PicStreet, you must promptly destroy all materials downloaded or
otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise.