WELCOME TO PICTUREBUZZ. BEFORE USING THIS WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. By using this site, you agree that your use of this site is subject to the following terms and conditions and other applicable law. If you don't agree to these terms and conditions, just don't use the site.
COPYRIGHT
Please be sensitive to other people's rights regarding their work. They depend on those rights for their livelihood. All content included at this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of PICTUREBUZZ and its licensors. Subject to any expressly stated restrictions or limitations relating to specific material, you may display and download or print portions of the material from the different areas of the site solely for your own personal non-commercial use, or to place an order with PICTUREBUZZ, or to purchase PICTUREBUZZ products. Any other use, including but not limited to, the reproduction, distribution, display or transmission of any images is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site. If you use content from the site beyond the limited use granted herein, it constitutes willful copyright infringement and is punishable to the fullest extent of the law. PICTUREBUZZ and its licensors retain all rights not expressly granted by this agreement.
USE OF SITE
Don't use anything from this site to enrich yourself. Images from the site cannot be sold or distributed or used for advertising, brochures, editorial publications, multimedia, or any other use without the prior written permission of PICTUREBUZZ. To obtain reproduction rights, you MUST contact PICTUREBUZZ to arrange and pay for such rights. You also may not use any content on the site to solicit others to participate in or use any other service or organization.
Be nice to others. You agree that you will not use the Images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity. Pornographic, defamatory, libelous or otherwise unlawful use of any content from the site is also prohibited.
If you breach this Agreement, you agree to hold PICTUREBUZZ harmless against all claims, liability, damages, costs and expenses (including attorneys' fees) arising from your breach.
SOFTWARE
The software incorporated into this site, (the "Software"), is provided by PICTUREBUZZ and contains copyrighted material, trade secrets and other proprietary material. In order to protect them, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a perceivable form. You may not modify, distribute or create derivative works based upon the Software in whole or in part.
LIMITED GRANT OF RIGHTS
By using the site, you grant PICTUREBUZZ limited rights to use the data you supply. We use it in two principal ways: The realities of operating a web site requires us to periodically copy your files to a backup tape in case a catastrophe causes the loss of our computers and thus your files. By having a backup, we can safely restore your information. In addition, if you use our site to send postcards or other images, we reserve the right to display those images to support and enhance the site and, therefore, your experience using it.
TRADEMARKS
All trademarks, service marks and trade names of PICTUREBUZZ or displayed images by PICTUREBUZZ herein are trademarks or registered trademarks of PICTUREBUZZ, Inc.
DISCLAIMER
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (AND, THEREFORE, THE FOLLOWING MAY NOT APPLY TO YOU), PICTUREBUZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICTUREBUZZ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICTUREBUZZ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
PICTUREBUZZ SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENTS AND PRODUCTS OF THIS SITE, EVEN IF PICTUREBUZZ HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TYPOGRAPHICAL ERRORS
In the event a PICTUREBUZZ product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, PICTUREBUZZ will have the right to refuse or cancel any orders placed for product listed at the incorrect price. PICTUREBUZZ will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PICTUREBUZZ may issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by PICTUREBUZZ without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
PICTUREBUZZ may deliver notice to you by electronic mail or U.S. mail, or by a general notice on the site.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PICTUREBUZZ products or services) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PICTUREBUZZ products) must be commenced within one (1) year after the claim or cause of action arises. PICTUREBUZZ's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PICTUREBUZZ may assign its rights and duties under this Agreement to any party at any time without notice to you.
PARTICIPATION DISCLAIMER
PICTUREBUZZ does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by our providing you with the ability to view and distribute user generated content on the site, PICTUREBUZZ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. PICTUREBUZZ reserves the right, however, to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PICTUREBUZZ, at its sole subjective discretion.
FINALLY
If you have any questions, complaints, comments or suggestions, please send us email to info@picturebuzz.com. We love hearing from you.
