PicktureThat!
PicktureThat!

Terms & Conditions

Acceptance of This Agreement

Your access to and use of this website, hereinafter known as PicktureThat LLC or this Website, is subject exclusively to these Terms and Conditions. You will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using this Website you are fully accepting the terms, conditions and disclaimers contained in this notice. By accepting these Terms of Use through your use of this Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are under 13 years of age, you may not use this Website. PicktureThat LLC does not knowingly collect personal information about children under the age of 13 without prior parental consent. If you do not agree to, or cannot comply with, any of these terms and conditions, do not use this Website.

Refunds and Returns

Because of the personalized nature of the bracelets, PicktureThat LLC may not accept returns unless there is a material defect. If there is a material defect, you may send in your bracelet and PicktureThat LLC will either re-make it and send it back to you or refund your money. Please see our FAQ on how to care for you bracelet. We cannot accept returns for bad quality photos, so please be sure to upload good quality photos and follow the warnings about cropping too closely.

Privacy Policy

PicktureThat LLC takes your privacy seriously. PicktureThat LLC does NOT use any visitor information for any purpose other than to help provide the best customer service possible, fulfill orders and promotional emails when you, the user, have opted to receive them. Email addresses submitted through our forms and any other visitor information are never sold or used for any other purpose. This information allows us to respond to inquiries if needed, fulfill orders and improve our website. In addition, no visitor information is available at this website or anywhere else that is publicly available. Read more in our privacy policy.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

Copyright

The Intellectual Property Rights in this Website and the materials on or accessible via it belong to PicktureThat LLC. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

'PicktureThat LLC' and the PicktureThat LLC Logo are trade marks which belong to PicktureThat LLC and they may not be used, copied or reproduced in any way without written consent from PicktureThat LLC.

For these purposes "Intellectual Property Rights" includes the following, but is not limited to (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, layout, look, appearance, graphics, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Limitation of Liability

You agree to indemnify and hold PicktureThat LLC and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against PicktureThat LLC arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Links to Other Websites

This Website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Information from Other Sites

We may receive and store information about you that is publicly available or that we receive from third parties. For example, we may collect information and content from various platforms like Facebook, Instagram, and others and pull in your photo streams and contacts with your permission.

Children and Privacy

By accepting these Terms of Use through your use of this Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. PicktureThat LLC does not knowingly collect personal information about children under the age of 13 without prior parental consent. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Website.

Copyright for Photos

If you post or upload to PicktureThat LLC, or otherwise submit to or through PicktureThat LLC as part of your use of this Website and service, any materials including, without limitation, photographs and other images, text, graphics, data, files, links and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the Service (including without limitation for purposes of promoting the Service). Please note that, while you retain ownership of your Submissions, any template or layout in which you arrange or organize such Submissions through tools made available through PicktureThat LLC are not proprietary to you, and can be used by PicktureThat LLC 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 PicktureThat LLC. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and 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 Service), 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 PicktureThat LLC a copy of any such consents, releases and/or permissions upon PicktureThat LLC's request). If you do submit a Submission that contains the likeness of an identifiable individual who 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 Services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

Website Disclaimer

This Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. PicktureThat LLC makes no warranty that the functionality of this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. PicktureThat LLC reserves the right to add, delete, or modify any provision of this Agreement at any time without notice.