Effective 11/04/2013
INTRODUCTION
These general terms of service govern your use of this website www.photopie.com By using this website you agree to our Terms of Use and the Privacy Policy. If you, for any reason, do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and any content held therein. You reaffirm you acceptance to these terms each time you use this Site. This website is owned and operated by Photo Pie. As the terms maybe modified from time to time, it is your responsibility to occasionally check back to review the changes to these terms and decide if you still agree with them. If you determine that you do not agree with the stated terms of this site your only recourse is to discontinue use of the Photo Pie website.
The words “we” and “our” in this document are meant to mean Photo Pie. “You” and “your” refers to any individual, legal entity or company that uses or accesses this website.
ADDITIONAL TERMS
Photo Pie offers the ability to access and use certain Content, for purchase through portions of this Site. It is possible that we may have established or will establish in the future additional or different terms and conditions for such other Content. You agree to review all conditions or applicable additional or different terms and relating to Photo Pie products and services. If there is ever any discrepancy between these Terms of Use and such additional terms and conditions, it will be the additional terms and conditions that shall govern and control. Furthermore, if you have a customer account with Photo Pie, your customer relationship is also governed by other agreements, such as your account agreement, where it applies. In the event of discrepancy between these Terms of Use and such customer agreements, your customer account agreements are the presiding terms.
PROTECTING YOUR ACCOUNT IS UP TO YOU
Upon creating your account on the Photo Pie site you will be prompted to create a password. It is entirely your responsibility for maintaining the confidentiality of your password and for safeguarding any activity made by you or anyone using your account. You agree to guard your password from invalidated access. If anyone was to access use your password due to your negligence or failure to properly safeguard your password and use it in an unscrupulous way, you agree to defend and hold harmless Photo Pie for any losses incurred because of your negligence.
YOUR RESPONSIBILITY FOR SECURITY
Photo Pie assumes no responsibility or liability for any damages to you, your computer, or other property due to your access to the Photo Pie website or the download of any of its content. It is your responsibility to employ the use of any virus protection software and any other protective measures for your personal property.
OWNERSHIP AND USE OF CONTENT
All of the information and Content on this Site—including any copies, derivative works, improvements or enhancements thereto, are owned exclusively or licensed by Photo Pie. This includes, but is not limited to, all images, graphics, articles, video, and any and all other Content is protected worldwide by applicable intellectual property laws. You are permitted to make and use printouts of the Content for your personal, non-commercial use only, barring that no changes are made to the original content. Photo Pie maintains the right to terminate, at any time, your right to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not copy, duplicate, create derivative works thereof, modify the Content, or republish, redistribute, display, retransmit, sell, lease, license, sublicense, assign or otherwise transfer any of the Content. You do not have permission to use the Content on this website on another website. All rights in Content are reserved, except for the limited use rights expressly stated prior in this paragraph or any additional terms that are stated elsewhere.
OWNERSHIP AND USE OF TRADEMARKS
The trademarks "Photo Pie" and any logos, designs, slogans or other source-identifying devices, including combinations thereof displayed on the Site, are owned by Photo Pie. From time to time on this Site through use of the SM, TM or ® symbols, other proprietary Photo Pie marks or slogans may be designated. With exception of making any authorized printouts of the Content (as stated previously), you are forbidden from making any other use of Photo Pie Trademarks. These trademark exclusions include, (but are not necessarily limited to) key words, metatags, links or other text (unless otherwise permitted by Photo Pie) or any other way that may falsely indicate or suggest that you are part of or representing Photo Pie when you are not.
LINKS
This Site may recommend or contain links to third-party websites. Photo Pie does not, in any manner, endorse or control these third-party sites or any materials, services, or goods sold on those sites. These third-party sites can possibly contain material that is unlawful, inaccurate, or unlawful. You acknowledge and agree that Photo Pie is not liable or responsible for any of the material or random crazy content on these third party sites. We are not responsible for the content that may be on any such websites linked to this Site and we are, of course, unable to review all such sites that may be linked to this Site in their entirety. When you leave our website, you are linking to any third-party website at your own risk. Photo Pie does not endorse the website operator or the content of the linked website just by linking to a website or permitting a link to the third-party site. If requested by the owner of the linked website, we will remove any link from this Site based on the terms of this policy.
AVAILABILITY
Not all of the products or services described on this Site are available in all areas of the earth and/or you may not be eligible for them. We reserve the right to determine eligibility. Some products are not available for oversea shipment due to the high cost of the shipping which exceeds the retail price of the item.
CONTENT POSTED BY YOU
The Photo Pie site may contain various pages where you and other members may post original content. You may post content that you created yourself. Or you may post content of which the owner of the content has given you permission to post. You should carefully choose the information you post on the Site. You may not post the following items: last name, address information, any form of HTML or programming code URLs to external sites, or any images containing lewdness, obscenities, or nudity or in any way expressing objectionable matter including, but not limited to violent, harassing, or sexually explicit matter. You are solely responsible for anything you may post on the Site and the consequences thereof. You may not add or propagate content that is unlawful or illegal (including any obscenities or content intended to defame, or content aiming to violate another party's right to privacy, or matter that would reflect the other party falsely), or that stands in violation to these Terms of Use. When you post or distribute content on this Site, you agree to pledge that (a) you are authorized to use and distribute the content to this website and own all the rights to the content or (b) the content does not and will not violate any other rights of a third party (this includes a third party's right to privacy, their right against publicity or anything that puts such party in a false light) nor infringes upon or violates any law or regulation upon any copyright or any other intellectual property right of a third party.
All communication—including ideas, suggestions, or information—you volunteer to Photo Pie, including, but not limited to, content sent via e-mail or willingly posted on the Site, will be on a non-confidential basis. By submitting or posting content, you grant Photo Pie the right to use, copy, adapt, modify, repost, republish, display, or promote the content in any way chosen indefinitely, perpetually, and globally. Photo Pie does not need to give you any additional prior notification of their using the material or further time to for you to preview or inspect the material before their using, reproducing, promoting, or posting. Photo Pie owns all rights of any content voluntarily posted to this Site.
CONTENT POSTED BY OTHER USERS
Photo Pie is not responsible for, and does not endorse, content in any posting made by other users on the Site. In no way whatsoever shall Photo Pie be held liable, (directly or indirectly), for any real or alleged loss or damage caused to you in connection with a third party posting content on the Site.
ACTIVITIES PROHIBITED ON THE SITE
A partial list below notes the kinds of conduct that are prohibited and/or illegal on the Site. Photo Pie maintains the right to investigate and take legal action against anyone who, in Photo Pie’s sole discretion, engages in any of the below mentioned prohibited activities.
Prohibited activities include (but are not limited to) the following:
- Using the Site for any purpose that violates the law, whether on the local, state, national, or international level.
- Posting content that infringes upon intellectual property rights or any other rights of any party
- Posting solicitations or advertisements for businesses
- Posting pyramid schemes or chain letters solicitations
- Willfully or unwittingly inpersonating another person;
- Disseminating harmful computer code including viruses
- Collecting personal information about others, without their consent, including e-mail addresses.
- “Spamming” by posting, repeatedly, the same message or review
- Stalking, harassing, abusing, or threatening any person; or
- Engaging in any other conduct, as deemed by Photo Pie, to be restricting or inhibiting any other individual from using or enjoying the Site.
Violation of these Terms of Service may be subject to further investigation which could, ultimately, result in the termination of the user’s access to the Site and use of their account.
CHILDREN
It is not Photo Pie’s intent to market any products or services to children under thirteen (13) years of age and does not make any effort to knowingly solicit or gather data for marketing purposes from children under thirteen (13) years of age through this Site. You state that you are not under thirteen (13) years of age by using this site.
GOVERNING LAW
These Terms and Conditions shall be governed according to the laws of the United States and the State of Idaho.
WARRANTIES
Your use of this Site and Content is at your own risk. We aim to provide up-to-date and accurate material on this Site. We make no claims, however, as to the completeness, accuracy, or timeliness of the Content. The content may become invalid or inaccurate as a result of time. Photo Pie cannot ensure from natural-occurring errors, including human and machine, delays, interruptions, omissions, or loss of data. Photo Pie cannot and does not warrant that the functions or services on this website will be seamless, without error or uninterrupted or, additionally, that problems or limitations of the Site will be corrected.
LIMITATION OF LIABILITY
PHOTO PIE, ITS AGENTS, ITS AFFILIATES, SUBSIDIARIES, AND ITS VENDORS OR ANY OTHERS IN ASSOCIATION WITH PHOTO PIE SHALL NOT BE HELD LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE COMING FROM YOUR DIRECT USE OF THIS SITE. FOR ANY OTHER CLAIM RELATED TO PHOTO PIE’S LIABILITY YOUR EXCLUSIVE REMEDY CONCERNING ANY DISPUTE WITH PHOTO PIE IS TO DISCONTINUE YOUR USE OF THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT HONOR OR ALLOW THE LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS OR STATES, PHOTO PIE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN THAT JURISDICTION OR STATE.