Terms and Conditions

Introduction

Welcome to Picsquare! Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use the service provided by Picsquare.

Membership

Picsquare membership is available through registration process after you submit certain requested information to Picsquare. Before registration we ask whether or not you agree to current Terms of Service. If you don't agree to our Terms of Service you will not be permitted to use the service. The madatory fields while registration are - Firstname, Lastname, Email-Id and Passwords.

Uploading

Presently you may upload your Photographs on the website through the Internet. Picsquare may offer you other methods of Uploading Photographs in the future. You will not use the service to upload, share, order prints, email or other methods of transmit:

  1. Racist Material;
  2. Material that infringes any copyright, trademark, patent or other intellectual property right or any moral right of any third party;
  3. Material that harms anyone including minors;
  4. Material that contains viruses, worms, corrupted files, Trojan Horses or any other form of corruptive code;
  5. Material that is likely to incite hatred against any person or group;
  6. Blasphemous Material;
  7. Defamatory or otherwise actionable Material;
  8. Images of any criminal act;
  9. Material that breaches any applicable laws or legislation;
  10. Material that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  11. Material that promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  12. Material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  13. Material that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  14. Material that displays pornographic or sexually explicit material of any kind;
  15. Material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  16. Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  17. Material that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  18. Material that engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter and advertising;

All content, public or private, that is submitted to us is the sole responsibility of the person who submitted it. Hence, you are personally responsible for your CONTENT. Picsquare has sole discretion to decide whether any content is Prohibited Content. However, we will not monitor or examine any content submitted to us using Internet or any other medium.

Permitted Use of This Website

This website is the private property of Picsquare and your access to this website is only with our permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this website, including seeking civil remedies and equitable relief to the fullest extent possible, and referral of matters to appropriate law enforcement agencies.

Prohibited Use of This Website

You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide our services to users.

If you use, deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Website, then you are not authorized to enter this website or use its services.

If you use, deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this website for any other purpose, including but not limited to purchasing tickets, you are not authorized to enter this website or use its services.

If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this website, its hardware and connections, or prohibits, denies or delays access to this website by others, you are not authorized to enter this website or use its services.

You will not download or copy any content displayed on this website for purposes other than preserving information for your personal use, without the written permission of the Company.

You will not establish any deep link or other connection to any specific page or pages of this website other than the Home Page, without our written permission. You agree that you will use this website only for lawful purposes.

Storage Policy

After accepting membership you will be provided free online storage for storing of images. To continue enjoying free storage service, you need to make a purchase from website atleast once every 12 months. If you don't purchase anything from the website within 12 month periods, we may delete the images stored in your account.

Ordering Policy

All the order placed only through the website will have the following terms and conditions -

Pricing

All prices mentioned in our website are in Indian Rupees and US Dollars until explicitly specified. The prices doesn't include shipping charges. Shipping charges will be added to your order during the ordering process.

Print Quality

We try our best to produce the best quality prints for you. However, quality of prints is dependent on the quality of the digital file or original prints uploaded by you.

Resale of Service

You hereby acknowledge that you will not reproduce, sell, resell, duplicate, copy any part of the service. You shall also not access or use the service provided by us for any commercial purpose.

Acceptance of Order

We will accept any order that you may place using our service. However, if at any point of processing your order or delivery, we identify that that order placed is not adhering to these Terms of Service, we will have the right to cancel your order. In this case, we would send a notification to you.

Delivery of Order

Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within the specified time period. However, there might be delays due to unforeseeable reasons. Under such circumstances, Picsquare shall not hold responsible. We will also not be responsible for delivery at wrong address(es) if the address specified at the time of ordering is incorrect.

Returns and Refunds

If you are not satisfied with the quality of prints, please contact our customer service at service@picsquare.com within 15 days of receipt.

Credit card payment

To pay for the order we or our authorized partner may ask you to provide credit card number, expiration date, billing information or any other information that may enhance security of transaction and prevent frauds. Without your permission we will not store any credit card information in our database.

Refund and Cancellation policy

If you are not satisfied with the quality of prints, please contact our customer service at service@picsquare.com within 15 days of receipt.

Delivery Policy

Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within the specified time period. However, there might be delays due to unforeseeable reasons. Under such circumstances, Picsquare shall not hold responsible. We will also not be responsible for delivery at wrong address(es) if the address specified at the time of ordering is incorrect.

Communicate via Email

Picsquare intents to send you updates and promotional offers via email. You are not required to be subscribed to our mailing list and you may opt-out of this list at any time.

Offline Conduct

Picsquare may not be monitoring the conduct of users off the Site and it is a breach of this Agreement to use any information obtained from this Site in order to harass, abuse, or injure another person, or in order to contact, advertise, solicit or sell to any Site user without Picsquare?s prior explicit consent.

Breach

Without limiting any other remedies that Picsquare may have available at law or in equity, and in confirming that you have breached any provisions of this Agreement, Picsquare may, without notice, cancel any pending transactions you may have with Picsquare and restrict or deny your access to the Site and services.

Intellectual Property

All text, graphics, audio, design and other works on the Site are the copyrighted works of Picsquare unless otherwise indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in the Site for any commercial purpose is a violation of the copyright of Picsquare and/or its affiliates or associates or of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from Picsquare. All responsibility and liability for any damages caused by downloading of any data is disclaimed.

Modification of Terms

Picsquare reserve the rights to modify or amend these Terms of Service for any reason. Such modification or amendments will be effective immediately upon giving you notice by following means, including but not limited to, posting on our website and email.

You agree that PICSQUARE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper enquiries and use the information provided on the Site.

Termination

You agree that Picsquare, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content within the Site, for any reason, including, but not limited to : (i) violation of these Terms of Service, (ii) violation of any applicable law, (iii) required by governing authority or (iv) lack of use. Picsquare may also in its sole discretion and at any time move, change or suspend any part of service, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Picsquare may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Picsquare shall not be liable to you or any third-party for any termination of your access to the Site.

Severability

Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.

Governing Law

All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore, India.

Indemnity

You agree to indemnify Picsquare and its affiliates, including its directors, employees, service providers, content providers, suppliers against any losses, claims or demand including legal fees, resulting from any violation of these Terms of Service, or any wrongful activity related to your account by you or any other person using your account.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Picsquare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Links

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Picsquare has no control over such sites and resources, you acknowledge and agree that Picsquare is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Picsquare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Representations and Warranties

Picsquare agrees that to the best of its ability all service will be provided with reasonable skill and care, and will be of satisfactory quality. The service is provided on an 'AS IS' and 'AS AVAILABLE' basis. Use of service is at your own risk. If prints or service are of unacceptable quantity or quality our sole obligation on our discretion will be to either (i) refund the full amount of purchase or (ii) reprint the photos at no extra cost.

Picsquare or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this Site. The information from or through this Site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to the Site or the Content including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. Picsquare and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.

Disclaimer

PICSQUARE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND PICSQUARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PICSQUARE FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, PICSQUARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PICSQUARE MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PICSQUARE is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall PICSQUARE be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Picsquare may change the format or content of the website, or any product or service offered by the website. Picsquare for any reason with or without notice may terminate or suspend the operation of this website or any service provided by this website. Picsquare might not take back-ups of the materials or images you upload in your album. It is not responsible for any loss, corruption or deletion of your materials or images; it is advisable for you to keep backups of all the content that you upload to your album.

Limitation of Liability

NEITHER PICSQUARE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF PICSQUARE OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON PICSQUARE INFORMATION, FROM INABILITY TO USE PICSQUARE INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF PICSQUARE OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Relationship

This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship between you and Picsquare.

Abuse Report

You can report any abuse of our service or violation of these terms to abuse@picsquare.com

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