The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to Picbound's website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and Picbound (Picbound, Picbound.com. - collectively, "Picbound").
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
Picbound is a tool to facilitate the exchange of ideas to allow users to easily create books. The interface allows users to create and share their pages with other users, as well as use the pages created by Picbound and other users of the service.
When you post or create Content on Picbound's website, you grant that Picbound will provide a service to post, display, copy, and sell that Content.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize Picbound to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting or creating Content on the site, you grant that Picbound, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Picbound may make minor modifications to the Content for technical reasons. Of course, Picbound will credit you and/or the original artist, and we will usually ask you first. You further agree that Picbound may make minor modifications to the Content for technical reasons.
By creating Content on the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Picbound for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual's right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
- Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Picbound rule or policy;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
- To the best of your knowledge, all factual information in the Content you create is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Picbound cannot guarantee the accuracy, integrity or quality of Content.
- Picbound reserves the right to refuse to permit your publication on the Site of any Content that Picbound, in its sole discretion, deems in violation of the terms and conditions set forth above.
You are solely responsible for any Content you create on Picbound. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Picbound responsible for any inadvertent damage to, corruption of or destruction of the Content. Picbound is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Picbound will not be responsible for archiving or backing-up any Content. If any Content transmitted to Picbound is damaged, lost or corrupted in any way, Picbound will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Picbound.
As a User, you agree not to use the Site to:
- Upload, create, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm anyone, including minors, in any way;
- Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
- Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
- Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
- Change, modify, reverse engineer, create any modified work, disassemble or decompile any technology used to deploy Picbound.
- Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Picbound Sites or Picbound Services
- "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.picbound.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
- Deploy search terms, meta tags, and key terms that contain any of the Picbound name, service marks, and trademarks without the prior written approval from Picbound.
- Engage in criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid schemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- Impersonate another person or entity or to forge any e-mail communication or message; and
- Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
- In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
Picbound reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
Picbound License to Your Content.
You hereby grant to Picbound a worldwide, transferable, nonexclusive, royalty-free, right and license to use such Content, in all media existing now or created in the future, as Picbound feels appropriate in its sole discretion, to allow you (and anyone you authorize or allow) to deploy the Picbound Services to create, manufacture and purchase Products for so long as you house your Content in the Picbound Content database, or remain a member of Picbound. Picbound may sublicense the rights granted to it in this Section to a third party subcontractor where Picbound deems it necessary or advisable to facilitate Picbound Services. We reserve the right to excerpt your Content and make minor modifications to the Content for technical reasons and for marketing and sales materials.
Picbound will disclose Personal Data under the following circumstances:
- In response to subpoenas, court order, other legal process, to establish or exercise Picbound's legal rights or defend against a legal claim, or as otherwise required by law;
- As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
- To Picbound's trusted partners who work on Picbound's behalf under confidentiality agreements;
- If Picbound is acquired by or merged with another company; and
- If you include your Personal Data in content that you create for posting and/or purchase on Picbound's site, that information may be widely available to other users. Picbound does not exercise any control over those users and cannot guarantee that your Personal Data will be protected. Picbound does not delete or redact your personal information from content you provide. If you do not want your personal information to be displayed as part of the content you create, then you must delete it prior to adding the page to your book. Remember, you may not include Personal Data about other people in your Content. If you do, you will have violated the terms of this Agreement, and Picbound may terminate your membership. Picbound is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on Picbound's site.
- Your Personal Data does not include Your Picbound username, and any information you make available through your Public Contact settings. Your Picbound username and Public Contact information may be displayed on the site to other users.
Order Acceptance and Payment Terms.
We accept Visa and MasterCard. For Product purchasers, your receipt of an e-mail order confirmation does not constitute Picbound's acceptance of your order. Without prior notification, Picbound maintains the right to limit the product order quantity and the right to refuse service to any customer for any reason or no reason at all. In certain situations, information verification (including rights with respect to Content) may be required prior to the acceptance of your order. No obligation to provide services exists between Picbound and you until Picbound obtains authorization to charge your credit card, and the charge is accepted and validated by your credit card company
Content that has been purchased, whether in electronic or printed format, will be accepted for return only if it is damaged when received by the purchaser. If you receive a book, that is damaged in some way (missing, torn, or loose pages in books, etc.), we will be happy to provide a replacement copy. Please notify us by filling out the "Contact Us" form at Contact Us.
Due to the nature of the print-on-demand manufacturing process, it is not economically feasible to accept returns on physical products. We cannot guarantee the quality of the Content hosted by Picbound.
Because Picbound provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance. The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. Picbound's staff does not monitor or check individual Content prior to publication through our web site.
User Registration and Information
We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a User ID and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, User ID or Password or any other breach of security regarding the Site of which you are aware. Picbound may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
Retiring Content and/or Terminating Membership
If you wish to terminate your Membership, please Contact Us with a specific request to do so.
When you choose to 'retire' or 'delete' your Content from Picbound, it will no longer be available or visible to other visitors. If your Content has never been used in a collaborative project, you can delete it from your Account page under My Books. The exceptions to your ability to remove Content are as follows:
- If Content has been incorporated into another user's book on Picbound, then the derivative work remains available even when the original work is retired;
- Content retained in our archives to the extent required by our data backup systems or, at Picbound's discretion, for archival purposes. Picbound will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected;
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
Restrictions on Use of Content
If you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
- You can resell your own physical content at your discretion and at whatever price you want;
- You may not resell any other Content or otherwise profit from its use or display;
- Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
- You will not remove or obscure any proprietary rights notices contained in or on the Content.
Picbound makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.
Operation of Site
Technical, maintenance and other issues may make Picbound unavailable from time to time. Picbound makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. Picbound may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
Everything on Picbound's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by Picbound and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Picbound cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
REGARDING DOWNLOADS, Picbound DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. Picbound WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.
Limitation of Liability
In no event shall Picbound, LLC. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Picbound or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Picbound, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Picbound in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF Picbound, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST Picbound IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
If someone takes Picbound to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Picbound. In other words, you shall indemnify and hold Picbound harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Picbound may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
Picbound is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Picbound owns the design, format and layout of the Site. Picbound authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from Picbound does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Picbound grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Picbound logo and the names of all Picbound products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Picbound.
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Michigan, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to mediation. The location of the mediation shall be Ann Arbor, Michigan. The mediation shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Picbound and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at Picbound, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Service; however, please note that any such ideas or suggestions that you submit will be owned by Picbound, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Picbound. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted to Picbound in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a message through our Contact Page. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Picbound in order to evaluate your idea or suggestion.
This Agreement is effective until terminated. Picbound may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Picbound. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded or created remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
Agreement and Amendments
By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
Picbound may change the terms in this Agreement from time to time. When the terms are changed, Picbound will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Picbound and discontinue your use of the Site. If you use the Site after Picbound has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
In order to use the Service, you must be at least 13 years of age. You represent that you are at least 13 years old. If you are not at least 13 years old, please do not click the "Sign Up" button or otherwise indicate acceptance of these Terms, and do not attempt to use, or set up an account to use, the Services.