Terms & Conditions
 

Pictureme.com (this "Website") is operated by Consumer Programs Incorporated (“CPI”). The use of this Website and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies referenced in this document (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them; if you do not agree to accept these terms, you may not use this Website. CPI reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Usage Restrictions

You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. As used in these terms, the Content means all text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software displayed or used in connection with this Website (collectively, "Content").  You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. CPI reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

CPI reserves the right to terminate the usage of this Website by any person who fails to comply with these terms.

Privacy Policy

CPI's use of personal information that you may submit through this Website is governed by the pictureme.com Privacy Policy. Please see Privacy Policy.

Children

The Content appearing on this Website is not directed to children and children are not permitted to submit personal information to CPI through this Website.  CPI urges all parents and guardians to monitor and supervise their children's use of the Internet in general.  For further information, please see CPI’s Children's Privacy Policy located in our online Privacy Policy.

Proprietary Rights

The logos and trademarks (including the CPI logos and trademarks) as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior, written consent of the owner.

The Content of this Website is subject to copyright, trademark, or other proprietary rights or licenses held by CPI, or by third parties who have licensed their rights to CPI. All Content is copyrighted as a collective work under the U.S. and international copyright laws and CPI owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in these terms, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Submissions to www.pictureme.com

Any remarks, suggestions, ideas, messages, photographs, images and data submitted by you to CPI through this Website (collectively, the "Messages") shall become and remain the exclusive property of CPI. Therefore, CPI discourages you from submitting Messages that you do not wish to assign to CPI, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to CPI, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to CPI of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. CPI is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.

Modification of Content

CPI attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, CPI does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. CPI reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, CPI reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, CPI shall promptly issue a credit to your credit card.

DISCLAIMERS

ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. CPI DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF CPI, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING,

CPI DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

CPI DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. CPI DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. 

CPI may display images of products sold through this Website. CPI attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you and other factors outside of our control.

Limitation of Liability

IN NO EVENT SHALL CPI, ITS AFFILIATED COMPANIES, LICENSORS, LICENSEES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF CPI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN CPI's TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enforcement

By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Missouri, without giving effect to any principles or conflicts of laws.

Indemnification

You agree to defend, indemnify and hold harmless CPI, and its officers, directors, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by You, or the use of the Site by You or any other person using the Site using your computer.

Links to Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by CPI (although some such sites may have an affiliation with CPI) (collectively, "Third Party Sites"). Such links are provided for your convenience only. CPI makes no representations whatsoever about any Third Party Sites which you may access through this Website, as CPI has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied.

Please Note: The privacy policies applicable to Third Party Sites may differ significantly from the pictureme.com Privacy Policy and the pictureme.com Children's Online Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and CPI with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CPI with respect to this Website. No modification of the posted Terms and Conditions shall be effective unless authorized in writing by CPI. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

© 2007 Consumer Programs Incorporated. All rights reserved.
The Terms and Conditions stated above also operate to the benefit of Consumer Programs Incorporated, its directors, officers, employees, affiliated companies, licensors, successors, assigns or other representatives.