Terms and Conditions
Before using any of Digital Pickle's services read these Terms ("Terms") they will govern your rights and usage of the services. If you do not agree to the terms, please do not use our services, if you wish to use our Service, these terms will constitute a binding agreement between you and Digital Pickle.
Digital Pickle maintains the right to change these Terms and you agree to be bound by such changes if you use our services after we make any such changes.
Software
By downloading, using or installing this software product created by Digital Pickle, (also known as My Photo Calendars and/or My Photo Cards and/or My Photo Books and/or My Photo Creations hereafter referred to as "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. "You" shall mean any individual or entity using or installing the Software (hereafter referred to as "Licensee")
The Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
The output
You agree that you will not include in any of your outputs sent to us for printing (calendars, cards, books etc) any:
Any images, text etc ("material") that could give rise to any civil or criminal liability under applicable law. As well as any abusive, obscene, pornographic or inappropriate or profane material.
Material that promotes racism, hatred, bigotry, or harm against any group or person.
Any material that could infringe any legal rights including rights for privacy, copyrights or other intellectual property rights.
Though Digital Pickle is not responsible for the content of any print and does not review outputs send to print by us we reserves the full right to refuse to print at our sole discretion, any output we deem inappropriate, or in violation of copyright or trademark laws.
Copyright notice
COPYRIGHT LAWS OF THE UNITED STATES GOVERNS THE MAKING OF COPIES OR OTHER REPRODUCTIONS OF COPYRIGHTED MATERIAL. PHOTOGRAPHES ARE PROTECTED BY COPYRIGHT LAW. THE UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF SUCH COPYRIGHTED MATERIAL IS ILLEGAL.
You warrant that the subject matter to be printed or published using any of Digital Pickle services or products is done with full compliance of copy right law, and agrees to indemnify and hold Digital Pickle harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with the above.
Indemnification
You agree to indemnify, defend and hold Digital Pickle, its officers, directors, employees, agents, licensors, suppliers and any third-party harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms, or any claim related to infringing third party intellectual property rights.
Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Northern District of California located in San Francisco, California.
Disclaimer of warranties
THE SERVICE, CONTENT PROVIDED BY DIGITAL PICKLE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITAL PICKLE MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OUR SITE OR ADVERTISED THROUGH OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DIGITAL PICKLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF DIGITAL PICKLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, DIGITAL PICKLE SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGITAL PICKLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DIGITAL PICKLE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF DIGITAL PICKLE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO DIGITAL PICKLE FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid 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 us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of Digital Pickle to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
