The Web pages available at www.Picateers.com, and all linked pages unless indicated otherwise ("Site"), are owned and operated by Picateers, Inc. ("Picateers"), a Delaware corporation, and is accessed by you ("Subscriber") under the following terms and conditions:

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. PICATEERS'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY PICATEERS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Picateers reserves the right, at its discretion, to modify this Subscriber Agreement or the price or charge for any Service (as defined below) or Content (as defined below) at any time by posting a notice on the Site, or by sending Subscriber a notice via email or postal mail. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of the terms and conditions of this Subscriber Agreement as modified.

1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Picateers may offer to provide certain services and content, as described more fully on the Site, and which are selected by Subscriber through the process provided on the Site ("Services"). Services shall include, but not be limited to, sharing photographs and photo albums, downloading photographs, printing photo books, creating private online photo-sharing communities (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content"). Picateers may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. Picateers may also impose limits on certain features and services or restrict Subscriber's access to parts or all of the Services without notice or liability.

Subscriber certifies to Picateers that if Subscriber is an individual (i.e., not a corporation) Subscriber is at least 18 years of age. Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

1.1 We will communicate with you via email. Picateers intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.

2. SITE CONTENT. Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Content to the Site ("Subscriber Content"), Picateers is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to use, copy, distribute and display such Subscriber Content (including all related intellectual property rights) in connection with the Service including fulfilling any orders for Subscriber or those with whom Subscriber has shared such Subscriber Content. Please note that when Subscriber shares Subscriber Content, the recipients will be able to share and make photographic prints from such Subscriber Content, and Subscriber hereby consents to the same. Picateers reserves the right to remove any Content (including Subscriber Content) from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Picateers is concerned that Subscriber may have breached Section 5 below), or for no reason at all. Picateers does not claim ownership rights in any Subscriber Content.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Subscriber Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

3. COPYRIGHT DISPUTE AND PRIVACY POLICIES. Please review Picateers' Copyright Dispute Policy if Subscriber believes that material or content residing on or accessible through the Site or Services infringes a copyright. Please also review Company's Privacy Statement for information regarding Company's policies and practices regarding the use of Subscriber personal information.

4. RESTRICTIONS. Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Subscriber may not use the Services:

4.1 for any unlawful purposes;

4.2 to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic,
unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;

4.3 to upload, post, order for print, email or otherwise transmit or communicate any material that Subscriber does not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Picateers;

4.4 to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

4.5 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

4.6 to upload, post, email or otherwise transmit any material which is likely to cause harm to Picateers' or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

4.7 to make images hosted by Picateers available for viewing by the general public through a publicly posted link to the image or otherwise (other than as enabled using a feature offered by Picateers via the Service);

4.8 for any commercial purpose other than to permit a recipient with whom Subscriber has shared Subscriber Content to order photographic prints of those images;

4.9 to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

4.10 to impersonate any person or entity, or otherwise to misrepresent Subscriber's affiliation with a person or entity; or

4.11 to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

4.12 Subscriber further agrees that Subscriber shall not:

(a) interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or

(b) provide any information to Picateers that is false or misleading, that attempts to hide Subscriber's identity or that Subscriber does not have the right to disclose; or

(c) resell the Service or any portion of the Service.

 

5. STORAGE POLICY. Picateers provides free online storage of Subscriber Content to its Subscribers for an initial period of 10 years from the date Subscriber first uploads such Subscriber Content using Subscriber's account. To maintain free storage, Subscriber needs to visit the site and login to Subscriber's account at least once every 12 months (the 12-month period will restart with subsequent login). If Subscriber does not login to Subscriber's account for a period of 12 months, Picateers may delete the Subscriber Content related to Subscriber's account. Picateers may change this policy at any time, upon reasonable notice to Subscriber.

6. PRODUCT SATISFACTION GUARANTEE. Subscriber may return any item to Picateers for any reason within 30 days of receipt for a credit or refund of the purchase price or replacement of the product. In some cases, Picateers will refund or credit Subscriber's original shipping cost. Please follow the instructions below Instructions for Returning Damaged Orders: If Subscriber's order arrived damaged, please mail the damaged product to Picateers, Inc., 1720 S. Amphlett Blvd., Suite 320, San Mateo, CA 94402, along with the following information: your name, complete address, daytime telephone number, order ID. Instructions for Returning an Order for Any Other Reason: please mail the product to Picateers, Inc., 1720 S. Amphlett Blvd., Suite 320, San Mateo, CA 94402, along with the following information: your name, complete address, daytime telephone number, order ID along with a explanation for the return. If Subscriber is unhappy with any aspect of our product or service, please send an email message to service@picateers.com, with your name, complete address, daytime telephone number, and any other information to help us assist you. Picateers will refund Subscriber's account within 5 business days of receiving the returned item.

7. WARRANTY DISCLAIMER. Picateers has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Picateers has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Subscriber releases Picateers from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Picateers makes no representations concerning any content contained in or accessed through the Site, and Picateers will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO SUBSCRIBER. Electronic Communications Privacy Act Notice (18USC 2701-2711): PICATEERS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Picateers will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Picateers' equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services. Subscriber hereby irrevocably authorizes Picateers to disclose Subscriber's personally identifiable information at the request of any state or Federal agency or in response to any judicial process (including, without limitation, a subpoena).

8. REGISTRATION AND SECURITY. As a condition to using Services, Subscriber may be required to register with Picateers and select a password and Subscriber name ("Picateers User ID"). Subscriber shall provide Picateers with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use as a Picateers User ID a name of another person with the intent to impersonate that person; or (ii) use as a Picateers User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. Picateers reserves the right to refuse registration of, or cancel a Picateers User ID in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Picateers password.

9. INDEMNITY. Subscriber will indemnify and hold Picateers, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Subscriber's access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, if Subscriber is an educational institution, business or other entity that is subscribing to the Services for use by its students, employees, faculty or other representatives ("Users"), Subscriber acknowledges and agrees that it is Subscriber's sole responsibility to obtain all necessary consents or other approvals that may be necessary or desirable in connection with such Users' participation in and full use of the Services (including, without limitation, as it concerns the photographing of such Users, and the uploading and sharing of photographs by or for of such Users), and Subscriber shall indemnify and hold Picateers (and its related parties described above) harmless from all losses, liabilities, damages and expenses resulting from any failure to comply with the foregoing.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PICATEERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE FEES PAID BY SUBSCRIBER FOR SUCH SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

11. FEES AND PAYMENT. Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. Picateers reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site.

12. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Picateers may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Subscriber's account, Subscriber's right to use the Services, access the Site and any Content will immediately cease, except that Picateers will continue to store Subscriber Content on the Site for no less than 90 days after such termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

13. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Picateers shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Picateers' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Picateers' prior written consent. Picateers may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Picateers in any respect whatsoever.