PICAVUE Terms of Service
The following Terms of Service (“Terms”) govern your use of the PicaVue digital photo frame e-store and services including your use and access to all related web sites, networks, software, mobile applications and other services provided by PicaVue (“Service”). The Service is operated by PICAVUE INTERNATIONAL(a company registered in India under the company act.). These Terms apply to all personal users, business users, visitors, or any others who use and access the Service (collectively, “Users”).
Please review all of the Terms carefully. By using any of the Service provided or operated by PicaVue, you signify that you have read, understood and agreed to be bound by these Terms, including all PicaVue policies that apply to your use of the Service. If you are agreeing to these Terms for use by an organization or company, you are agreeing to these terms on behalf of that organization (in such a case, the terms “you” and “your”, as used in these Terms, shall apply to both you and your organization).
These Terms provide that all disputes between you and PicaVue will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.
- PicaVue Service. You may access and use the Service under the terms and conditions of these Terms. The Service allows you to add, remove and arrange your photos and other audio-visual content (“Content”) through your web browser and/or mobile app for display on a paired PicaVue photo frame. Your accepted contacts/friends will also be able to send and receive content from you according to your settings. The PicaVue photo frame is purchased separately and may be subject to additional terms and conditions.
- Eligibility. You must be at least thirteen (13) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least thirteen (13) years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an organization or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
- Accounts and Registration. To access the features of the Service, you must register for an account. When you register for an account, you may be required to provide PicaVue with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to PicaVue is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify PicaVue at PicaVuesupport@PicaVue.com.
- Payment. PicaVue may charge fees for access to certain portions of the Service (“Paid Services”), and will notify you of those fees at the time you opt into a Paid Service. You may not share access to a Paid Service with any other individual. By electing to access a Paid Service, you authorize PicaVue to direct its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for that Paid Service in Indian Rupees and if internationally bought then U.S. dollars or any other currency option shown or offered by PicaVue, at the time of payment, including all applicable taxes. If PicaVue does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and PicaVue may suspend your access to the Service until you have paid all outstanding amounts. You agree to reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by PicaVue to collect any amounts that are not paid when due. You may cancel your use of a Paid Service or your account at any time. All sales are final and PicaVue will not refund any amounts paid, except as expressly provided in these Terms. You acknowledge that PicaVue reserves the right to change its fees at any time upon prior notice to you. At no time will you be charged without your prior knowledge and consent.
- Who owns my Content that I put on the PicaVue Service?You do. You are able to post and publish Content for display on the Service and your PicaVue photo frame(s). You retain all copyrights and any other proprietary rights that you may hold in the Content that is posted on or through the Service. Your edits to the Content (e.g. Captions) also form part of your Content and we don’t claim ownership of the Content you provide on the Service. Your Content remains your Content, and you’re responsible for it.
- Who can access my Content?You have initial control over who may access your Content. However, if you share Content on a PicaVue digital frame(s) that is publicly accessible you agree that anyone you’ve shared the Content with may, for free, use and reproduce the Content. By posting and sharing Content with another User of the Service, you hereby grant that User a non-exclusive license to access and use such Content as permitted by these Terms and the functionality of the Service.
- What does PicaVue do with my Content?When you transmit or upload Content to the Service, you allow PicaVue to provide you with the necessary services (e.g. store, resize, geotagging etc.) regarding that Content and to improve your experience while protecting you and your Content. In order to do that we might also collect and use the data regarding the overall characteristics (e.g. orientation of the Content, orientation of the connected PicaVue Frame, device type used, user behavior etc.) of the Content such data may be personally identifiable.
- Who is responsible for my Content?You are solely responsible for your Content and the consequences of posting or publishing Content. By posting and publishing Content, you affirm, represent, and warrant that:
- you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize PicaVue and Users of the Service to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 5.4 and in the manner contemplated by PicaVue and these Terms; and
- your Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
- Can PicaVue remove my Content? PicaVue will remove, limit distribution of, or disable access to your Content if we determine it's in violation of these Terms, we receive a complaint from another user, we receive a notice of intellectual property infringement, or other legal instruction for removal. We may also block delivery of a Content to or from the Service as part of our effort to protect the Service or our customers, or otherwise enforce the Terms. You understand that when using the Service you may have visibility of Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PicaVue with respect to Content.
- Who can add me as a friend and send me the Content?By accepting or sending a friend request you allow those specific people to share content with and to receive content from. However, by enabling the auto-accept you allow anyone with your username to add you as a friend and send photos to you. You agree to waive, and when you enable the filter do waive, any legal or equitable rights or remedies you have or may have against PicaVue with respect to such Content.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. PicaVue will promptly terminate without notice the accounts of Users that are determined by PicaVue to be “repeat infringers.” A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content removed from the Service more than twice.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- post, upload, or distribute any Content or other material that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any Content, or (ii) reverse engineering or otherwise attempting to discover the source code of the software related to the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any User’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other Users of the Service, (iii) attempting to collect, personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted herein or any Materials (as defined in Section 12 below) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the foregoing in this Section 7, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 7.
- Third-Party Services and Linked Websites. PicaVue may provide tools through the Service that enable you to import and export information, including Content, to and from third party services, including through features that allow you to link your account on PicaVue with an account on a third party service, such as Facebook, Instagram, Verizon Cloud or Picasa. By using these tools, you agree that PicaVue may transfer and/or import such information and Content to and/or from the applicable third-party service. Such third party services are not under PicaVue’s control and PicaVue is not responsible for their provision of your information and Content. The Service may also contain links to third-party websites. Such linked websites are also not under PicaVue’s control, and PicaVue is not responsible for their content. Your use of such Third-Party Services may be subject to a different set of Terms & Conditions and Privacy Policies which can be found on the website of the respective Third-Party Service.
- Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, PicaVue may, without notice, terminate your account on the Service or suspend or terminate your access to the Service at any time when, in PicaVue’s sole discretion, it believes it is necessary to do so for its provision of the Service. PicaVue also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. PicaVue will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at PicaVuesupport@PicaVue.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. If you do not have any PicaVue devices connected to your account, be sure to log in and use the PicaVue Service within 6 months of your last update. Accounts may be permanently removed due to prolonged inactivity.
- Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that PicaVue may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that PicaVue may offer, or rules applicable to particular features or content on the Service, subject to Section 11 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
- Changes to the Terms. PicaVue reserves the right, at its discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, PicaVue will make reasonable efforts to notify you of such change. PicaVue may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, PicaVue may require you to provide consent by accepting the changed Terms. If PicaVue requires your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, PicaVue may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
- Ownership; Proprietary Rights. The Service is owned and operated by PicaVue International. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by PicaVue are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of PicaVue International or its third-party licensors. Except as expressly authorized by PicaVue, you may not make use of the Materials. PicaVue International reserves all rights to the Materials not granted expressly in these Terms.
- Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless PicaVue and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “PicaVue International”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. PicaVue reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with PicaVue’s defense of such claim.
- Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PICAVUE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PICAVUE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PICAVUE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF CONTENT OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
IN NO EVENT WILL THE PICAVUE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PICAVUE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PICAVUE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO PICAVUE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and PicaVue agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such disputes.
- Feedback. PicaVue welcomes your comments about our Service. However, if you send us a business idea or suggestion (for example, about how to improve or expand PicaVue’s products and services), you agree that PicaVue will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
- Contact Information. The Service hereunder is offered by PicaVue International. You may contact us by sending correspondence to the foregoing address or by emailing us at PicaVuesupport@PicaVue.com.
Products from PICAVUE Brand
Warranty : One year warranty is provided on most of our products, subject to the following conditions.
- Warranty card must be filled and should be mailed back to our office as per the specification.
- Warranty card must be signed and proof of purchase must be sent back.
- Warranty is only covered if there is no physical damage(i.e damaged, broken, burnt, scratched) to the product.
Cancellations : You can cancel order anytime before it is shipped. Once order gets shipped no cancellation is allowed and no refunds will be made.
Refunds : If you cancel your order before shipping then refund will be made with in 10 working days.
Delivery : Usually deliveries are made through our partners, we try to send them as soon as the orders are received but it can take up to 10 days for delivery and incase if there is any delay we will initmate you through email or SMS.