Terms of Use - Revised August 6, 2009


Welcome to pikcal.com!


Before using pikcal or setting up your account with pikcal please carefully read the following Terms of Use ("terms"). These terms govern your access to and use of the website and services owned and/or operated by pikcal. Your access to and use of pikcal are expressly conditioned on your acceptance of and compliance with these terms. Your use of pikcal constitutes your agreement to these terms. If you do not agree to these terms, please do not use pikcal. Any violation of these terms may result in termination of your ability to access and use pikcal. You may only use pikcal (and the services provided through our website) if you agree to these terms. Your continued use of our website indicates your acceptance that these terms apply to our website and your use of them. Pikcal offers access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not limited to:
· The ability to upload and store personal digital images to our website
· The ability to share personal digital images with others using our website
· The ability to order products with personal and professional digital images that have been uploaded to our website
· The ability to order other products or services through our website

We may change or modify these terms of use at any time without notice to you by amending this page. Changes may include but are not limited to discontinuing content or features of pikcal, and changes to any fees or charges for use of pikcal. The changes made to the terms will come into effect as soon as they are posted on our website and your use of our website (or of any services provided through our website) will be subject to the amended terms. You are expected to check this page periodically to observe any changes, as they are binding on you.

1. Registration
If you set up a pikcal account and register to use the website, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and maintain and update your information (including your email address) to keep it accurate. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of pikcal. Our use and disclosure of any such information that you provide is governed by our Privacy Policy. As part of the account set-up and registration process, you may be asked to enter a username and password. We may refuse to grant you a username for any reason in our sole discretion. You will be entirely responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to pikcal to any third party.

2. Use of the Website
Subject to your compliance with these terms, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access pikcal and its services, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the website (other than your submissions), solely as made available by us and as necessary to access the services and solely for your own personal purposes, provided that you keep all copyright and other proprietary notices. Pikcal and its services, remain the property of pikcal or its licensors or suppliers. You may not use, reproduce, distribute, modify, transmit, display or create copied works of any portion of the website. Nothing herein grants any rights to commercially exploit any portion of the website or any content therein. All rights not expressly granted hereunder are expressly reserved. While using the website you agree to comply with all applicable laws, rules and regulations. Your use of the website is conditioned in part on your compliance with the rules in this section; any failure to comply may result in termination of your access to the website. While using the website, you agree not to:
o Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
o Restrict or inhibit any other user from using the website;
o Violate any applicable laws or regulations;
o Express or imply that any statements you make are endorsed by us, without our prior written consent;
o Upload, transmit, or display on the website any material that is unlawful, obscene, threatening, or objectionable, or infringes any third party's intellectual property or other rights;
o Use the website to harm minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
o Engage in spamming or flooding;
o Attempt to upload images by any method to another user's account without permission;
o Access or use (or attempt to access or use) another user's content without permission;
o Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
o Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website;
o Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the website;
o "Frame" or "mirror" any portion of the website, or link to any page of material on the website other than the URL located at http://www.pikcal.com/ or the URLs provided by us to you for such purposes as part of the website, without our prior written authorization;

We may suspend and/or terminate your access to and use of the website and/or any features made available through the website immediately if you fail to comply with the above rules or these terms.

3. Submissions
In the event that you upload to the website, or submit as part of your use of the website, any materials including, without limitation to, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "submissions"), you will retain ownership of such submissions, and you hereby grant us a worldwide, non-exclusive, sub-licenseable, royalty-free, fully paid-up, perpetual, permanent right to use, reproduce, distribute, create derivative works of, and publicly display and perform (publicly or otherwise) such submissions, solely in connection with the website (including without limitation for purposes of promoting the website). While you retain ownership of your submissions, any template or layout in which you arrange or organize such submissions through tools and features made available through pikcal are not proprietary to you, and can be used by pikcal and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of pikcal. You represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to your submissions, your submissions do not infringe, or violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, defamatory, obscene or otherwise objectionable, and you hereby consent that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a submission to use such individual's likeness, for purposes of using and otherwise exploiting the submission in the manner contemplated by these terms (including for purposes of promoting the website), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to pikcal a copy of any such consents, releases and/or permissions upon pikcal's request). If you do submit a submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such submission. None of the submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any submission (including, without limitation, by suspending the processing and shipping of any order relating to any submission); and/or (c) disclose any submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the website; to protect us and our partners, and users; to comply with legal obligations or governmental requests; to enforce these terms; or for any other reason or purpose.
Pikcal is not responsible for, and will have no liability for, the removal or non-removal of any submissions from the website. We recommend you keep back-up copies of your submissions on your personal system, as the website is not intended to be used as a back-up solution for storing submissions.

4. Purchases
If you wish to purchase any products or services through the website, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes and shipping relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

5. Copyright Issues
Pikcal is committed to protecting copyrights and expects users of the website to do the same. If you believe in good faith that any material used or displayed on or through the website infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked.

6. Web Addresses (URLs)
As part of the website’s online image share feature, we may provide you with access to and use of certain personalized pages on the website and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

7. Calendar Feature
We may provide you with access to a calendar feature where you can store personal dates and details about friends and family, and we may send you email reminders of the personalized dates you have entered in this calendar. We provide you with this feature as a convenience only, but we cannot guarantee that this feature will work accurately at all times. We are not responsible or liable for any damages caused by your reliance on this feature, use of this feature and/or inability to use this feature.

8. Term and Termination
These terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these terms, and/or your access to and use of the website or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these terms. Upon termination of these terms, your right to access and/or use the website will immediately cease. You agree that any termination of your access to or use of the website may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

9. Third-Party Websites, Software and Services
The website may direct you to other websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the website directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other web sites may provide links to the website with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the website, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that your use of third party websites and resources is at your own risk and is subject to the terms and conditions of use applicable to such websites and resources. We shall have the right, at any time and in our sole discretion, to block links to the website through technological or other means without prior notice.

10. Promotions
In addition to the terms and conditions of these terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "promotions") made available through pikcal may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Please review any specific rules applicable to a particular promotion in addition to these terms. To the extent that the terms and conditions of such rules conflict with these terms, the terms and conditions of such rules shall hold.

11. Access by Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

12. Indemnification
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from your breach of these terms, including any violation of the rules set forth above; your submissions; and/or your activities in connection with the website (including, without limitation, any and all purchases).

13. Disclaimer of Warranties
The website, including but not limited to, all materials incorporated therein and all features and functionality of the website, is provided "as is," and without warranties of any kind. We and our partners do not warrant that your use of the service will be uninterrupted, timely, error-free or secure, that defects will be corrected, or that the website, its servers or any software incorporated into the website are free of viruses or other harmful components. You assume all responsibility and risk for your use of pikcal. No opinion, advice or statement of pikcal and its partners shall create any warranty. Your use of pikcal is entirely at your own risk.

14. Limitation of Liability
To the fullest extent permissible by applicable law, neither pikcal nor any of its partners are responsible or liable for any indirect or incidental damages under any contract related to the website. If you are dissatisfied with the site, your sole remedy is to discontinue use of pikcal.

15. Idea Submissions
We appreciate our customers' interest in improving the website; but all ideas or suggestions that you submit will be owned by pikcal, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to pikcal. If you intend to retain intellectual property rights to your ideas (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to pikcal, 6355 Morenci Trail, Indianapolis, IN 46268 Attn: Pikcal Idea. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by pikcal in order to evaluate your idea or suggestion.