Terms & Conditions
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or App) or you are a “Member” (which means that you have registered with PerfectPics and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, App or Service.
Amendments. PerfectPics may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by PerfectPics on the Website, (2) for existing Users, thirty (30) days after posting by PerfectPics on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after PerfectPics sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
- Eligibility.By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your PerfectPics Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
- Term.This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My PerfectPics Account” page. PERFECTPICS MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your PerfectPics profile information from our live databases as well as any Content that you uploaded to the PerfectPics Website or App using such Account. PerfectPics will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
- Fees.You acknowledge that PerfectPics reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by PerfectPics on the Website or in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to PerfectPics as set forth on the Website or in the App.
- Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before PerfectPics invoices the credit card for all amounts due and payable. By providing PerfectPics with your credit card number and associated payment information, you agree that PerfectPics is authorized to immediately invoice your account for all fees and charges due and payable to PerfectPics as a result of your purchase of any Books or other products. You agree to immediately notify PerfectPics of any change in your billing address or the credit card used for payment hereunder. PerfectPics reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website or in the App, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide PerfectPics with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. PerfectPics may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as PerfectPics has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books or other products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: PerfectPics Customer Service, 580 California Street, Suite 300, San Francisco, CA 94104, or via PerfectPics’s ‘contact us’ page. If PerfectPics does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PerfectPics or its agents.
4.4 Returns. All sales of Books and other products are subject to PerfectPics’s then-current return policies, as posted on the Website.
- Order acceptance policy.Your receipt of an electronic or other form of order confirmation does not signify PerfectPics’s acceptance of your order, nor does it constitute confirmation of our offer to sell. PerfectPics reserves the right at any time after receipt of your order to accept or decline your order for any reason. PerfectPics further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by PerfectPics upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
- Title and Risk of Loss.All sales of Books and other products are made FOB shipping agent. Title and risk of loss to each shipment of the Books and other products shall pass to you upon transfer to the shipping agent, FOB.
- Password.When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify PerfectPics immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
- Your Book Content.
8.1 Definitions. “Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your “Book Content” includes Content that you include in the Books, submit to PerfectPics for Books and print services, or that you contribute to the Books of other Members. PERFECTPICS HAS NO OWNERSHIP OF ANY OF YOUR BOOK CONTENT.
8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
8.3 Submission of Your Book Content. You may use any PerfectPics self-publishing software to submit your Book Content to PerfectPics for publication or submit your Book Content by providing us with a PDF which meets the specifications required by PerfectPics.
8.4 License. In order for PerfectPics to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Book Content:
8.4.1 License to print your Books. You hereby grant to PerfectPics a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Books). You agree that PerfectPics reserves the right to maintain the electronic files for any Book(s) to fulfill any further orders which may be placed for such Book(s) and to maintain an archival copy of the printed Book.
8.4.2 License to use your Book Content for optional PerfectPics features. In the event you decide to use any optional feature that PerfectPics may offer, such as allowing others to search for and see an electronic preview of your Book(s) or applications to use the Services in connection with other services and online communities, you hereby grant to PerfectPics a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Book(s), any Book Content therein, and any other data and information you provide in connection with the optional feature, as required for PerfectPics to provide such optional feature.
8.5 ISBN Numbers; Publisher Status. PerfectPics may provide features that permit you to include an International Standard Book Number (“ISBN”) with your Book. Depending on the features, you may be permitted to acquire an ISBN through PerfectPics or provide your own ISBN for inclusion in your Book. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE METHOD YOU USE TO OBTAIN AN ISBN FOR YOUR BOOK(S), PERFECTPICS IS NOT THE PUBLISHER OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT) AND YOU WILL NOT STATE OR OTHERWISE SUGGEST THAT PERFECTPICS IS THE PUBLISHER OF YOUR BOOKS. YOU REPRESENT AND WARRANT THAT YOU ARE THE PUBLISHER OF YOUR BOOK(S) (INCLUDING YOUR BOOK CONTENT) AND, IN ANY CASE, THAT YOU BEAR THE FULL AND ULTIMATE RESPONSIBILITY FOR THE PUBLICATION AND DISTRIBUTION OF YOUR BOOKS (INCLUDING YOUR BOOK CONTENT).
- PerfectPics Content.The Services contain Content of PerfectPics and its licensors (“PerfectPics Content”). PerfectPics and its licensors (including Users) own and retain all proprietary rights in the PerfectPics Content and the Services. PerfectPics hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the PerfectPics Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the PerfectPics Content.
- Other Content.Notwithstanding Section 8.4.2 above, You hereby grant to PerfectPics an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Book Content, that you upload, post, email, transmit or otherwise make available on the Website or App (“Other Content”). Examples of Other Content include your digital correspondences with PerfectPics via social media, any public information you upload about a Book through our Website or App, and public profile information you provide through our Website or App. We may use Other Content in our internal and external marketing materials as well as to provide you with better service and support.
- Your Content and Activity.You are solely responsible for any and all Book Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that PerfectPics retains the right to create limits on PerfectPics’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11.1 Prohibited Content. YOU MAY NOT INCLUDE “PUBLISHED BY PERFECTPICS,” “PERFECTPICS PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT PERFECTPICS IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Book Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of PerfectPics; or (xii) otherwise violates this Agreement or creates liability for PerfectPics. PERFECTPICS RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold PerfectPics and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.