TERMS OF SERVICE

Terms of Service

Terms of Service

Welcome to MyPicTales! We hope you enjoy your visit and find that using our PhotoBook service is easy and fun. By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and MyPicTales that you will use the Site only in a manner consistent with these Terms. If you have questions about these Terms, please contact support. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service. Also, before you begin setting up your account with MyPicTales (herein referred to as "we," "us," "MyPicTales", "MyPicTales.com", "MyPicTales Website" or "WebSite"), please read the following Terms of Service ("Terms") carefully. If you ("you") agree to these Terms and desire to use the MyPicTales service ("Service"), please click the "Sign Up" button. Following this process will represent a binding agreement between you and MyPicTales. To decline acceptance, click the "Cancel" button. Note that any breach of these Terms may result in termination of our Service to you.
MyPicTales reserves the right to change these Terms from time to time. For updated Terms, please refer to this site occasionally for any changes.

Your Submissions
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:

Any threatening, obscene, pornographic or profane material or other material that may give rise to a possible civil or criminal liability under applicable law. MyPicTales advocates that you use an "adult-content" warning label when sharing pictures that include legal adult content;
Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
Any material sent from a fake or unknown address.

While MyPicTales does not and cannot review all submissions, and is not responsible for their content, MyPicTales reserves the right to move or delete submissions that it, in its sole discretion, deems offensive, defamatory, libelous, obscene or in violation of trademark or copyright laws or otherwise unacceptable.
You acknowledge and agree that any submission may be published, copied, customized, removed, transmitted and shown by MyPicTales for the purposes of delivering the Services. In addition, you warrant that all moral rights in any uploaded images and materials have been waived.
The electronic or physical sharing of your images and materials constitutes permission for reprinting by the recipient.
MyPicTales will not be liable or legally responsible for the content of any submission.

Legal Age Requirements

You must be at least 13 (thirteen) years of age to use our Service. If you or your parent or guardian has any concerns, please Contact Us.

About Your Account

a. Access to Customer Account
Your account with MyPicTales is available for your personal use.
We want to make sure that you have completed (or that you will promptly complete, after you read all this) the information in the Member Registration form on the Site ("Member Information") correctly and completely. In the event that any of your Member Information changes in the future, please be sure to promptly update your Member Information on the Site. You will have the opportunity to select a User ID and Password during the Member registration process. You are solely responsible in all respects for: (a) all use of the Service made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding the Site of which you are aware. MyPicTales may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reasons that strike us as sound.
We need to be able to access your account, and you hereby grant permission for us to access your account for the following reasons:
To keep up our Service to you and develop and expand new and useful services and features;
To follow a court order, complaint, subpoena or a legal request or inquiry from a governmental authority.

b. Account Charge
There is no charge to open a MyPicTales account at this time.

Termination the Service

MyPicTales retains the right to cancel the Service, remove images in accounts or to discontinue accounts that have been idle for more than 90 days. We may do so at our sole discretion. Upon termination, your right to use the Service shall cease immediately.

Satisfaction Guarantee Policy

If you are not fully satisfied with the quality of your book, then MyPicTales will reprint your book at no additional cost. We take 100% responsibility for the overall quality of the manufacture of your book.
Although we cannot fix your typos for you, or re-take a dark image, our goal is to do everything in our power to make you a satisfied, long term customer! To help us improve our quality, occasionally, we may ask you to return your book. In any case, if there is an error of any kind in the fulfillment of your order, please contact us. We will do everything we can to solve the problem.

Third-Party Software

We may make software from third-party companies available to you. To download such software, you must agree to the respective software licenses and/or warranties. Each software product is subject to the conditions and terms of the individual company and the agreement is and will be between you and the respective company. By downloading third-party software, you understand that we do not guarantee the software will be free of any contaminating or destructive code, such as worms, viruses or Trojan horses. We do not offer any warranty on any third-party software you download using our Service.

Third-Party Links

MyPicTales may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility and in your best interest to become familiar with each site's privacy and other policies and terms and conditions of service. If you have any questions or concerns regarding these third-party sites, please contact that site's web master or site administrator.

Copyrighted Software and Material

All software, materials, information and content offered by MyPicTales are protected by copyright and other applicable laws. You may not distribute or copy such material without the written permission of the copyright owner. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials.

Privacy Policy

When you create an account with MyPicTales, please provide some personal information, such as your name, e-mail address, and mailing address. We will protect and only use this information as noted in our Privacy Policy.

U.S. Government Restricted Rights

All materials, software, information and other products supplied by or through our Service are provided with "RESTRICTED RIGHTS" use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.

Indemnification

As a MyPicTales customer, you agree to defend, indemnify and hold harmless MyPicTales, our officers, directors, employees, licensors, agents, suppliers and any third-party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Claims

Any and all action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties hereby agree that any claims made hereunder shall be subject to the state and federal laws of the state of Virginia and hereby consent to jurisdiction and venue in the courts of Ashburn, Virginia.

Export

You are responsible for compliance with all city, state and local laws, and you are required to comply with U.S. export laws and regulations when you use or export any materials, software or images provided through the Service.

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE MyPicTales WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MyPicTales, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MyPicTales MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MyPicTales WEBSITE. MyPicTales DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MyPicTales WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MyPicTales WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE

Limitation of Liability

IN NO EVENT SHALL MyPicTales, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MyPicTales WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MyPicTales SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Miscellaneous

MyPicTales at any time may assign our responsibilities and rights hereunder without notice to you. All items, materials or Services purchased through MyPicTales are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
When you place an order, MyPicTales charges your credit card and bills you accordingly. MyPicTales reserves the right to ship and deliver partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid and/or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and MyPicTales with respect to this Service and supersede all other communications, written or oral, with regard to the Service.