Terms of Service
- You fully agree to the Terms and that you are bound by the Terms, as well as its revisions thereof as long as you keep using the Service. The Company reserves the right to update the Terms from time to time. All updates will be posted to www.propic.com (Website). Please refer to the Terms periodically for any updates.
- You can lawfully enter into contracts under applicable law and you are at least 18 years old. In the unlikely case that you are younger than 18 years old, you warrant that you are at least 13 years old AND you are using the Service under the supervision of parents or legal guardians.
- You can use the Service on a website or blog that belongs to you or you are legally authorized to manage or represent (”Your Site”).
- Any content on Your Site with which you use the Service belongs to you, or you are legally authorized to sell (”Your Content”).
- You are legally allowed and are willing to sell Your Content in all or some of the following forms: prints, postcards, calendars, digital downloads, and merchandise (collectively “Products”). You have full control over which Products you would like to sell. The Company may introduce new products and expand its Products in the future. You will be notified of such additions prior to their general availability.
You agree not to use the service in conjunction with any content that:
- Is unlawful, obscene, defamatory, indecent, pornographic, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful
- Constitutes, encourages or provides instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law
- May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party
- In the sole judgment of the Company, is objectionable, harmful or which restricts or inhibits any other person from using the Service, or which may expose the Company to any harm or liability of any nature.
3. Responsibility of Ownership
Regarding Your Content you warrant and represent that:
- You own (or have legal rights to represent and license) all copyright and other rights, title and interest in and to all content with which you use the Service.
- You have the right to grant all licenses granted through a sales process without violating the rights of any third party
- If you are an agent of the copyright owner(s), then the you have been granted full authority of the copyright owner(s) to enter into this agreement
- For any content used with the Service you have all the necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for Photos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks.
4. Right to Use the Content
You will retain ownership of Your Content. You also retain ownership of any original digital file that you upload to the Service for the purpose of making Products.
The Company will display your photos on its website and will make Products based on Your Content only for orders placed via Your Site or placed by yourself via the Service Control Panel (Collectively “Your Orders”). In order to publicly display your photos or creative content, or make Products, you hereby grant to the Company a royalty free, worldwide, transferable, non-exclusive right and license to use Your Content to display your photography and fulfill Your Orders. The rights are transferable as the Company may sublicense such rights to its fulfillment partners in order to make Products. This right is granted only for the purpose of fulfilling Your Orders, and does not apply to any other production. The company will not reproduce or resell Your Content.
The Service will have the right to use screen resolution image and thumbnails of Your Content for display purposes including but not limited to eCards, orders, search results, and any promotion of Your Content by the Service. The screen resolution image will be accompanied by your credits as you define in the Service Control Panel.
At any time you can request, either automatically via the Control Panel or by informing the Company, for Your Content to be fully removed from the Service.
5. Trademarks, Copyright and Intellectual Property
You acknowledge and agree that the Service, the Website and any software used in connection with them contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
All logos, product names, service names, and brands associated with the Service which identify the Service are proprietary marks of the Company. All logos, product names, service names, and brands which identify third parties belong to such third parties. Use of the Service does not give you the right to use any such logos, brands, and product or service names without written permission by the Company or respective third parties.
You agree to indemnify and hold the Company and its affiliates harmless from all judgments, liabilities, losses and and expenses, including but not limited to attorney fees, expert witness fees, and litigation costs arising based on Your Content, Your Site, your use of the Service, your violation of Terms, or your violation of the rights of any third party.
7. Disclaimer of Warranties and Limitation of Liability
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, SAFETY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.