The following document contains the terms of use of Picsdream.com website and its mobile applications.
By using the Picsdream site and mobile applications, you agree to all the terms of use given below
The photographs and videos that you upload to our site will always be your property and the copyright of the same will always rest with you.
To use the services offered by Picsdream and the mobile app, you need to create your own account which is unique to you and the details provided at the time of registration are true and accurate
You cannot upload pornographic material or material that would hurt the sensibilities of any person or organization or use our platform to harass people.
You can only upload content that is created and owned by you and those which in no way will infringe on anyone else's copyright
While the copyright and all other rights of the content you upload will rest with you, you are giving permission to Picsdream to distribute, market and license the same on a worldwide basis
As a contributor, you will receive between 50% to 70% of the sale price of a photograph..basically the more you sell the higher your share of the sales!
We urge you to read carefully, understand and agree to these terms and conditions of use ("Terms Of Use") before you start using any of the services offered by Picsdream.com. By clicking that you accept when prompted by Picsdream, you agree to be bound by these Terms of Use.
The webpages available at Picsdream.com and all linked pages ("Picsdream" or the "Site") and the mobile app ("App") are owned and operated by Addazz Online Services Private Limited ("Addazz"), a company incorporated in India and our respective employees, agents and contractors.
The Site is an online community, which enables photographers and videographers to post photographs and videos, share comments, opinions and ideas, promote their work and participate in contests and promotions offered by the Site. These Terms of Use apply to your access to and use of the Site, the Subscription Services ("Subscription Services") and any other online services provided by Picsdream.com (collectively, the "Services"). These Terms of Use also apply to your use of the Services to purchase photographic prints, videos or other related merchandise and products ("Products") through Addazz's approved third party vendors and retailers ("Vendors"). Services include, but are not limited to, any service and/or content Addazz makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, videos and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Addazz. Addazz reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Addazz may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. While we will make every effort to keep all content uploaded on the site safe and secure, the Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
Your use of the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use Picsdream or any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display photographs and images containing nudity and violence that may be offensive to some.
Addazz reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email, or by posting a notice on the Site, or by posting the revised Terms of Use on the Site with the revised date prominently displayed or by such other form of notice as determined by Addazz in its sole discretion. Your continued use of the Services, or your purchase of any Products or the Services following the posting of the revised Terms of Use or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within three (3) days of the posting of the revisions on the Site unless you notify Addazz within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Use whenever you access the Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.
As a condition to using Services, you are required to open an account with Picsdream and select a password and username, and provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
The Services are for use by individuals who are photographers and videographers. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent photographers and videographers or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
User Conduct All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Addazz are entirely responsible for all Content that you post, or otherwise submit to the Site. Addazz does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Addazz. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Picsdream user;
To create or transmit unwanted 'spam' to any person or any URL;
To create multiple accounts for the purpose of voting for or against users' photographs or images;
To post copyrighted Content which doesn't belong to you, with exception of blogs, where you may post such Content with explicit mention of the author's name and a link to the source of the Content;
With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To artificially in?ate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
To promote or sell Content of another person;
To sell or otherwise transfer your profile; or
To report a suspected abuse of the Site or a breach of the Terms of Use please send a notice to Addazz by email at admin@picsdream.com.
You are solely responsible for your interactions with other users of the Site. Addazz reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Addazz a worldwide, non exclusive license to use the content and are representing and warranting to Addazz that the content is owned or duly licensed by you, and that Addazz is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Addazz's agreement to allow you to post Content to the Site and Addazz's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Addazz as follows:
By uploading your photographic or graphic works to Picsdream you retain full rights to those works that you had prior to uploading;
By posting Content to the Site you hereby grant Addazz a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
The license granted to Addazz includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Picsdream by you; and
Picsdream uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Picsdream makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Picsdream does not restrict the ability of users and visitors to the Site to make low resolution or 'thumbnail' copies of Content posted on the Site and you hereby expressly authorize Picsdream to permit users and visitors to the Site to make such low resolution copies of your Content.
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
You are the owner of all rights, including all copyright in and to all Content you submit to the site; You have the full and complete right to enter into this agreement and to grant to Addazz the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Addazz of the Content as contemplated herein;
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order; and
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Addazz, all of which such rights are hereby expressly and irrevocably waived by you in favour of Addazz.
The Subscription Services provide an online platform that enables our users to upload and share photographs ("Photos") or videos ("Videos") using the Services. Photos and Videos may collectively be referred to herein as "Media". By subscribing to or using any Subscription Services, you agree to be bound by and accept the Subscription Services Terms as set forth below.
The Subscription Services are available to users who may register as a free subscriber and for those who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription selected by such user ("Subscription Plan").
If you wish to purchase a Subscription, you will need to provide certain information in order to facilitate such purchase, including your credit / debit card number, billing address and any related payment information as required by Addazz ("Payment Information"). Addazz may use the services of a third party site for processing the payments and you will be subject to, and required to comply with, the related terms and conditions stipulated by such third party service provider. In addition, by submitting Payment Information via the Services, you warrant that you have the legal right to use any such credit card or other payment mechanism that you provide to facilitate the transaction.
When you first register for the Subscription Services, Picsdream may, at its discretion, offer you a free trial period without charge for a limited period ("Free Trial"). The duration of a Free Trial may vary and will be intimated to you at the time of your registration. At the conclusion of your Free Trial period, you will have the option to let your registration lapse and your account with Picsdream terminated unless you choose to continue by selecting a Subscription Plan and making the required payments, if any.
Picsdream offers many Subscription Plans for selection by our registered users. Details of each subscription plan are available in the subscription page of the Site and mobile app. By selecting a Subscription Plan, you agree to pay all applicable Subscription Fees and other charges applicable (including any applicable taxes, such as service tax) of the selected Subscription and you further agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
Picsdream reserves the right, at its sole discretion, to alter and change the Fees or the features offered under any Subscription Plan and also to increase or decrease the number of plans available under our Subscription Plans. Picsdream reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or cancelled by Picsdream, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
In case we determine that you have violated these Subscription Services Terms or Terms of Use, we, at our sole discretion will suspend or terminate your use of the Subscription Services.
Each Subscription is personal to the individual Picsdream user. You may not transfer or assign your Subscription to another individual or entity unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
From time to time, Picsdream may provide certain users with complimentary Subscriptions. Any user accessing the Services by using a free Subscription is bound by the Terms of Use and all applicable terms and conditions of these Subscription Services Terms.
Your Subscription is valid commencing on the date on which Picsdream receives your payment and provides you with access to the ("Starting Date") and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services ("Subscription Term").
Your subscription will automatically renew at the end of each subscription term for successive subscription terms of the same duration as the subscription term originally selected unless the subscription is terminated and/or cancelled by you or Picsdream prior to the end of such subscription term. Such renewal will occur automatically on the applicable anniversary of the starting date. You may cancel your subscription at any time prior to the end of the subscription term through your account settings in the subscription section, or by sending an email to Picsdream providing clear written notice of such request. You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
You may upgrade your Subscription Plan at any time during the Subscription Term by using your Account Settings. If you upgrade your Subscription Plan, the credit card or other designated payment method in your Account Settings will be billed for the difference in price, pro-rated for the remainder of your Subscription Term.
You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the Subscription Services if: (i) the Subscription Fee for your Subscription Plan changes during your applicable Subscription Term, or (ii) if you change your Subscription Plan or Subscription Term during the previous Subscription Term. Picsdream will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the Subscription Services.
You may request the termination of your Subscription at any time by cancelling your account in the Subscription section of your Account Settings, or by sending an email to Picsdream providing clear written notice of such request. When Picsdream receives your termination request, Picsdream will terminate your Subscription and notify you of such termination via email. Your Subscription is not terminated until Picsdream issues a confirmation of such termination from Picsdream. If you terminate your Subscription, such termination will be effective immediately upon Picsdream issuing a confirmation, regardless of whether there is any period of time remaining in your Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective immediately and you will not have access to the Subscription Services for the remaining two months of such Subscription.
All Subscription Fees are non-refundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then Picsdream may terminate your account for non payment. If Picsdream does not have a working email address for your user account, then you may not receive important notices from us and we cannot guarantee that you will receive notice of the termination of your account.
You are solely responsible for creating and maintaining backup copies of any user content you upload, post or make available through the services during any applicable subscription term at your sole cost and expense. You maintain responsibility and liability for any losses or damages you incur for failure to maintain backup copies of your user content. Picsdream is not liable to you for any damages or losses that result from the loss or breach of your user content in connection with your use of our services.
Picsdream uses third party vendors to host and store any Media that you upload through your use of the Subscription Services. We may require our vendors to maintain certain standards with respect to your User Content, but Picsdream does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term.
In the event that you obtain access to any Picsdream user information, whether directly from Picsdream or otherwise, including user names and emails (collectively the "User Information"), you agree that you may not use any such User Information in any manner except as may be specifically authorized by Picsdream to carry out the purpose for which such User Information was provided and not share such User Information with any third parties. Further, you agree not to use such User Information in any manner that would be in violation of our Privacy Policy. You agree that this provision will apply both during and after the term of your Subscription.
Picsdream enables certain users who own or otherwise have the right to license Media (the "Content Owner") to use Picsdream to facilitate the license of their Media to other Picsdream users. All such licenses are made directly between the Buyer and the Content Owner and are merely facilitated by Picsdream. The scope of the license rights granted by the Content Owner to the Picsdream Buyer under any license will vary depending on the type of license that the Content Owner designates to such Media. By licensing any Media from a Content Owner through the Services, you agree to the terms of the applicable end user license agreement that has been chosen by the Content Owner (either the Commercial Use License or Editorial Use License).
Picsdream respects the intellectual property rights of others and expects its users to do the same.
The Picsdream Services and all images, software, platforms, tools, graphics, data, text, code, the Picsdream Property (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the "Picsdream Materials") are the property of Picsdream or its third party licensors and are protected by Indian intellectual property laws.
You expressively acknowledge that all right, title and interest in the Picsdream Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Picsdream or its third party licensors. You have no right or interest in the Picsdream Materials as conveyed other than the limited licenses granted herein. The Picsdream Materials are protected by copyright and other intellectual property laws and Picsdream asserts that the Picsdream Materials embody valuable confidential and secret information of Picsdream or its licensors, the development of which required the expenditure of considerable time and money.
You acknowledge that "PICSDREAM", the Picsdream logo, the look and feel of the Site and the mobile application, its Services, and any other Product or Service names, logos or slogans of Picsdream contained in the Services are trademarks of Picsdream and may not be copied, imitated or used without the prior written permission of Picsdream. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Picsdream may provide users with tools to download the Picsdream Material for specific use. If you download or otherwise obtain the Picsdream Material using such tools, Picsdream grants you a limited right to use the Picsdream Material for the sole purpose of referencing the Services and to use only those Picsdream Material that are made available to you by Picsdream through such tools. Your use of any Picsdream Material must be consistent with the size, dimensions, color and other characteristics of the Picsdream Material. You may not alter or change the appearance of the Picsdream Material, use the Picsdream Material in any manner that suggests Picsdream sponsors or endorses a product, service, promotion, contest, or use the Picsdream Material for any other purpose deemed by Picsdream to be inappropriate. Picsdream has the right to revoke your right to use the Picsdream Material at any time at our sole discretion.
You agree that you will not modify or alter the Picsdream Material, create derivative works of the Picsdream Material, decompile, disassemble, decode or reverse engineer the Picsdream Material, translate the Picsdream Material or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the Picsdream Material or reduce the Picsdream Material by any other means to a human-perceivable form or bypass, delete or disable any copy protection mechanisms or any security mechanisms in the Picsdream Material.
Except as otherwise expressly permitted herein, you may not use the Services or the Picsdream Material to engage in any of the following prohibited activities:
the collection, copying or distribution of any portion of the Picsdream Material; any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the Picsdream Material;
modifying or otherwise making any derivative uses of the Services or the Picsdream Material; scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
with the exception of Media made available by users for download, the downloading of any portion of the Picsdream Material or any information contained therein; or any use of the Services or the Picsdream Material other than for their intended purposes.
Any use of the Services or of any Picsdream Material other than as specifically authorized herein, without the express prior written permission of Picsdream, the applicable Picsdream user or the Content Owner, is strictly prohibited. Any such unauthorized use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.
You may create a text hyperlink to the Site, provided such link does not portray Picsdream or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Picsdream at any time. You may not frame the Site or utilize framing techniques to enclose the Site, Picsdream Materials or other proprietary information without Picsdream's express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses ("URLs") that you may customize. Picsdream does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
The Services may enable you to upload, post and transmit Photos and Videos to the Site or other portions of the Services (including to your user photo galleries) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, including Media, the "User Content").
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your Media. Picsdream does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Site or otherwise by using the Services, you grant Picsdream a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable Picsdream to provide the Services, including to display the User Content on the Services, to facilitate (at the Content Owner's direction) the license of Photos, or to process the sale of Products through the Services.
You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; unsolicited promotions, political campaigning, advertising or solicitations; private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers; viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Picsdream, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Picsdream or its users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use, Picsdream does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions.
Picsdream reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. Picsdream will have no liability or responsibility to users of the Picsdream Services or any other person or entity for performance or non-performance of such activities. Picsdream's enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.
Certain activities on the Services require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering for an account, you represent and warrant that you are at least 18 years of age and that all information you provide in the registration form ("Registration Data") is complete and accurate. If you are less than 18 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Picsdream reserves the right to refuse access to the Services to anyone at any time, with or without cause at its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as Picsdream may send important notices about your account from time to time. By registering for an account, you consent to receive communications from Picsdream about the Services by email and/or system messages consistent with the terms of our Privacy Policy.
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other Picsdream users. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. Picsdream may provides security options and settings for your content available in the settings section of your applicable user account (the "Account Settings"), including the ability for you to designate certain portions of your account as unlisted, private, hidden or password-protected.
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party "hackers" from illegally accessing the Services or their contents. Picsdream is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify Picsdream of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to Picsdream.
Picsdream may make third party content and services available on or through the Services ("Third Party Services") solely as a convenience to its users (for example, links to third party websites, software and other services). When you leave the Picsdream Services, you should be aware that these Terms of Use and all other Picsdream policies no longer govern your use of such websites and services or any content contained thereon.
Picsdream does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Picsdream Services. Picsdream makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. Your use of any such third party services is solely at your own risk and subject to the applicable terms and conditions and privacy policies applicable to such third party services.
The Services may contain third party advertisements and promotions generated or posted by Picsdream users, Picsdream Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including the Picsdream users or Picsdream Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Picsdream does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the Picsdream Vendors. Picsdream is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with Picsdream users or a Picsdream Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
The site, services, the Picsdream materials, and the products are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. To the full extent permissible by applicable law, Picsdream disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the site, the services, the Picsdream materials, and the products.
Picsdream does not represent or warrant that the Picsdream materials or the services are accurate, complete, reliable, current or error-free or that the services, its servers or email sent from Picsdream or the services are free of viruses or other harmful components. Picsdream is not responsible for typographical errors or omissions relating to pricing, text, photos or videos. Picsdream also makes no representation or warranty regarding the availability, reliability or security of the services and will not be liable for any unauthorized access to or any modification, suspension, unavailability, or discontinuance of the services or the products provided thereon.
In no event will Picsdream or its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise, arising out of or in any way connected with the use of or inability to use or view the site, the services, the products, the user content or the Picsdream materials contained in or accessed through the services, including any damages caused by or resulting from your reliance on any information obtained from Picsdream, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Picsdream's records, programs or services.
In no event will the aggregate liability of Picsdream, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, the services, the products, the user content or the Picsdream materials, exceed the consideration you pay, if any, to Picsdream for access to or use of the site or the services or for the purchase of products.
You agree to defend, indemnify and hold harmless Picsdream and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, the Picsdream Materials or the Products, or the licensing of your Media to third parties through the Services, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
Your use of the Services is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of the New Delhi applicable to agreements made and to be entirely performed within New Delhi, without regard to its conflict of law provisions.
Please read the following paragraph carefully because it requires you to arbitrate disputes with Picsdream and it limits the manner in which you can seek relief. If you do not consent to the terms of this section 15, you are not permitted to use the Picsdream services.
You and Picsdream agree to arbitrate any dispute arising from these Terms of Use or relating to the Services, Site or Picsdream Materials. You and Picsdream agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in New Delhi, India; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.
The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Unless you and Picsdream agree otherwise, in the event that a court decides that any part of this Section 15 is invalid or unenforceable, you agree that any claim or dispute that has arisen or may arise between you and Picsdream must be resolved exclusively by a court located in New Delhi, India. The remainder of the Terms of Use will continue to apply. You and Picsdream agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes.
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. Picsdream will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant Picsdream a royalty-free, sub licensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without Picsdream's prior written consent. Picsdream will be permitted to assign its rights under these Terms of Use at its sole discretion.
Picsdream is located in New Delhi, India. If you access the Services from a country other than India, you agree that your transactions with Picsdream occur in India. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent.
The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.
Picsdream users with certain Subscription Plans may be eligible to participate in the Picsdream profit-generation program (the "Profit Program"). The Profit Program enables qualifying Picsdream users to generate, track and collect payments based on the sale of such user's Photos, Videos and other Products ("Profit Payments"). In exchange for your participation in the Profit Program, Picsdream will collect a percentage commission on the sale of your Photos, Videos or other Products. In order to participate in the Profit Program, you must at all times be an active subscriber to a qualifying Subscription Plan and you must have paid your Subscription Fee for the applicable Subscription Term. You are not entitled to Profit Payments that are generated during a Free Trial unless you subsequently subscribe to a full Subscription and pay all Subscription Fees associated with a qualifying Picsdream Pro Subscription Plan.
Picsdream may provide additional terms and conditions or policies regarding the Profit Program (including Picsdream's commission percentage) in this document. Any such terms and conditions or policies with respect to the Profit Program are incorporated herein by reference. Picsdream has the right to change the terms and conditions or other policies governing the Profit Program at any time (including the calculation of earned fees) at its sole discretion by posting such revised terms to the Site.
Any Profit Payments that you earn through your participation in the Profit Program will be paid to you via electronic bank deposit for all Indian Picsdream users. For any international Picsdream users, Profit Payments will be paid by electronic means or other payment method offered or used by Picsdream at such time subject to the laws of India. You are not entitled to any interest payments on Profit Payments, regardless of your preferences for the timing of such Profit Payments. Further, you are not entitled to receive Profit Payments if you have a negative balance on your account or if you currently owe Picsdream any amounts in connection with your participation in any Picsdream programs. In order to be paid Profit Payments, you must submit to Picsdream valid and current Payment Information to facilitate the payout of your Profit Payments (including applicable bank information for Indian. Picsdream users). You may be asked to submit Tax Information and Payment Information through your Account Settings or by submitting any other online forms requested by Picsdream from time to time. It is your sole responsibility to keep your Tax Information and Payment Information updated, valid and current throughout the duration of your participation in the Profit Program.
In the event a customer requests a refund or otherwise disputes or changes any order made in connection with the Profit Program (including, but not limited to, the return or destruction of physical Products), Picsdream may adjust any current or future Profit Payments to which you are entitled to reflect such refund, dispute or change. If you do not have a current balance of unpaid Profit Payments sufficient to cover the amount at issue in such refund, dispute or change, you will be responsible for directly reimbursing Picsdream for all such amounts by any designated payment method that Picsdream deems appropriate. Your failure to provide such refunded, disputed or changed Profit Payment amount to Picsdream may result in Picsdream pursuing legal action against you in order to recover such amounts.
If your Subscription is terminated for any reason (including non-payment of Subscription Fees) or if you no longer qualify for the Profit Program for any reason, you are no longer eligible to participate in the Profit Program. In the event of such termination, Picsdream will pay you any outstanding earned Profit Payments if (i) you have provided Picsdream with valid Payment Information and (ii) your outstanding Profit Payment amount exceeds the cost of Picsdream's processing fees for such payment. If you do not provide Picsdream with valid and current Payment Information prior to the termination, cancellation, downgrade or other applicable change to your Subscription, or if your outstanding Profit Payment amount does not exceed the cost of Picsdream's processing fees for such payment, you thereby forfeit and waive your rights to any Profit Payments that you have earned as a participant in the Profit Program. In the event of such forfeiture, you hereby agree that Picsdream will have no liability to you for any damages, losses, claims or other fees or payments related to or otherwise arising out of the forfeiture of your profit payments.
You are responsible for all costs and expenses incurred in connection with your performance of any activities related to the Profit Program, including, but not limited to, compensation, bonuses, and benefits, if any, for your personnel, and any and all taxes, fees, duties, tariffs or charges that may be imposed on you in connection with your participation in the Profit Program. As such, you acknowledge that any Profit Payments belong to you and not to Picsdream. The Profit Payments represent the only compensation payable by Picsdream to you in connection with your participation in the Profit Program and no other compensation of any kind is payable to you for participating in the Profit Program. In certain jurisdictions, Picsdream may be required to withhold, collect and/or remit certain sales or other taxes in connection with the purchase of Products or your participation in the Profit Program and any such taxes will reduce the Profit Payments you receive.
These Terms of Sale form a part of the Terms of Use applicable to your purchase of any Photos, Videos, or other Products through the Picsdream Services. Other than as specifically provided in any separate written agreement between you and Picsdream, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will prevail.
Picsdream facilitates your purchase of Photos, Videos or Products through the Picsdream Services through its relationships with the Picsdream Vendors. If you purchase Photos, Videos or other Products through the Picsdream Services, you acknowledge that the printing of any Photos or creation of other physical medium Products is performed by such Picsdream Vendors and Picsdream's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
In order to purchase Products through the Picsdream Services, you are required to provide valid Payment Information as required by Picsdream. Picsdream may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon Picsdream's request. You agree to reimburse Picsdream for any and all costs incurred in collecting amounts owed by you to Picsdream or a Picsdream Vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that Picsdream may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Picsdream reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Picsdream may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
Cash on delivery is currently limited to one print per customer. If you have placed a COD order, another print will only be processed after the fullfillment of your previous Cash on Delivery order.
If you purchase a Video or Photo download, such download will be made available to you through the Services upon Picsdream's receipt of your valid Payment Information.
If you purchase Photo prints or other physical medium Products (i.e., photo books or other photo merchandise), Picsdream will use its commercially reasonable efforts (and our Picsdream Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Picsdream is not responsible for any delays in shipping. Picsdream or the Picsdream Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Please see our Shipping Charges for additional detail.
Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from Picsdream to you upon shipment. If an item in your order is temporarily out of stock, we may hold your order until it is complete prior to shipment.
Picsdream unconditionally guarantees your satisfaction with any Products that through the Services. If you are not satisfied with any Physical Products you have purchased from Picsdream, we will gladly accept the return of any Product you have ordered for any reason within three (03) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product through online mode in 7 working days, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. There will be no refund of any Product that is not in a physical medium form (i.e., a Photo download) once the download link has been generated. However, upon your request, we may issue you a full or partial refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Picsdream at help@Picsdream.com. Please do not contact your credit card company to dispute a charge before contacting Picsdream.
If you have ordered any product in the electronic form, you can cancel the order BEFORE downloading the product by writing to us at admin@picsdream.com. In case you have purchased a physical product, you can cancel the order within 24 hrs of placing the order by writing to us at admin@picsdream.com. After 24 hrs of the order, we will not be in a position to accept a cancellation since the product is customised as per your requirements. In the event of a cancellation within the above timeframe, we will issue a full refund via the payment method that you had use for the purchase.
Product will be shipping within 5 days of the order placed and will be delivered in 7 working days.
Picsdream or the Picsdream Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
Picsdream strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Videos, pricing or other Picsdream Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Picsdream or a Picsdream Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Picsdream is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within three (3) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THREE (03) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND PICSDREAM'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND PICSDREAM EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
Picsdream has adopted a policy of terminating, in appropriate circumstances and at Picsdream's sole discretion, the accounts of users who are deemed to be repeat infringers. Picsdream may also, at its sole discretion, limit access to Picsdream and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Picsdream will respond to claims of copyright infringement committed using Picsdream that are reported to Picsdream's Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following Notice of Alleged Infringement and delivering it to Picsdream's Designated Copyright Agent. Upon receipt of the Notice as described below, Picsdream will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
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