Welcome to Piccuzoo Inc. (the Website). Piccuzoo Inc. enables you to create a customized book by uploading drawings created by children in your life. We create the story and illustrations contained in the book and you supply the drawings which you will upload onto the Website. The Website is owned and operated by Piccuzoo Inc.
II. WEBSITE ACCESS AND USE
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of Piccuzoo Inc. Notwithstanding the foregoing, Piccuzoo Inc. grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses, drawings and other personal log in information or personal background data;
5. Solicit other users to join our service or become members of our commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of any the Website;
8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
C. To place an order on the Website, you will need to follow the order procedure contained therein and use out payment gateway providers at the time of placing your order. All payment and product information are contained on the Website. All products are offered for sale subject to availability and subject to our acceptance of your order. We reserve the right to reject any order for no reason whatsoever. An order shall not be deemed accepted by the Website if you have not received an email confirmation concerning receipt and acceptance of such order. You represent and assume full responsibility for the details and drawings which you provide Piccuzoo Inc., including but not limited to sufficient payment. The products will be delivered to the address you provided at the time of order and Piccuzoo Inc. is not liable to you for any errors contained in your order submission details on the Website.
IV. USER REGISTRATION
A. There will be no user registration required when you use our Website. However, at the end of an order, you will be asked if you want to create an account and the only information that will be required to create such account is your full name – first name and last name and your email address. The creation of an account on our Website optional as you can conduct all transactions on our Website as a guest. If you are under the age of eighteen, then you are not permitted to open an account or otherwise submit personal information to this Website. Anyone under the age of eighteen is not permitted to use this Website or download and/or copy any of the Website’s content.
B. If you open an account, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password. You are solely responsible for the activity that occurs under your registration identification, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any breach of security or unauthorized use of your registration identification.
V. USER CONTENT
A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. You are not authorized to distribute any User Content on the Website that violates any federal, state or local law. You are further expressly prohibited from displaying or exchanging any pornographic materials, sexual solicitations or invitations for sexual favors and any content that involves gambling or the solicitation of gambling.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express written permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You agree to indemnify, defend and hold harmless Piccuzoo Inc. against any and all claims from third parties which claim that you have in any way acted inappropriately or without that third parties’ express written consent to use any of their content.
C. You represent, warrant, and covenant that you will not submit any User Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any federal, state and/or local law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, employer references or any other personal information that is not available to the public;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. Is a chain letter of any kind; or
8. The licensed use by us hereunder would result in us having any obligation or liability to any parties. Any conduct by a User that in our sole and exclusive discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted and your registration will be immediately discontinued without any notice.
D. By submitting User Content to us, you do not lose your sole ownership interest in that User Content; however, we do reserve the right to use the finished product, i.e. book which contains User Content for advertising and promotional purposes only. Your User Content will not be used for any other purpose except as expressly stated herein.
E. We reserve the right to use your User Content for advertising and promotional purposes only as set forth in paragraph D above.
G. We have the right, but not the obligation, to monitor User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole, absolute and exclusive discretion. You have no right to maintain or access your User Content after you have placed it on the Website and we have no obligation to return your User Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to Piccuzoo Inc., 27 E 28th Street New York, NY 10016 and firstname.lastname@example.org
VI. ORDERING ON OUR WEBSITE
A. To place an order on our Website, you will need to follow the instructions and prompts set out on the Website. All pricing and order information will be set forth on the Website and you will be prompted as you initiate use of the Website from uploading your child’s drawings to completion of the transaction. All order information, such as cost, delivery time and payment terms are detailed on the Website. The books created by us with your child’s drawings are offered for sale subject to availability and subject to our acceptance of your order. We reserve the right to reject any order without providing an explanation for such rejection. No order will be deemed accepted by us until you have received an order confirmation from us at the end of the transaction. The order confirmation will contain details of your order, the price and the estimated delivery time. It is your responsibility to contact us immediately with any errors or mistakes with your order. Failure to do so may result in an incorrect order being sent to you. Any production or delivery dates are estimates. We will not be responsible for any delays in the production and/or delivery of the finished product to you and do not assume any responsibility for such delays, if any. We use our best effort to display and describe the finished product in the most accurate manner on the Website; however, we will not be responsible for any differences between the final printed product and the on-line version of that product provided to you during the ordering process. We cannot guarantee the colors supplied in the finished product will be the same as those displayed on your computer monitor and/or mobile device. We may revise, discontinue or change products and services at any time without prior notice to you and products may become unavailable without notice. We shall have no liability for any product or service that is not available.
B. We may change the price of any product on our Website without notice and prior to your submission of the order. Despite our best efforts to maintain current product pricing information on our Website, we reserve the right to correct any pricing discrepancies prior to you finalizing your order on the Website. Once an order is finalized on our Website there will be no further price changes. You will be responsible for any sales or use tax as required by the jurisdiction to which the product will be shipped, and this charge will be expressly set forth in your order prior to it being finalized. All orders are subject to a delivery charge which will also be expressly stated during the ordering process. All payments must be made through our payment gateway provider and you will also be required to accept additional terms and conditions in relation to the use of that service. To the fullest extent permitted by law, we do not accept any liability arising out of or in connection with your use of the third-party payment gateway. You represent that all of the information you provided to us through the Website will be accurate for purposes of the order and delivery of that order and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the order.
C. Your order will be delivered to the address shown on your order confirmation and will be delivered first class mail unless specifically agreed otherwise. If you ordered more than one item, we reserve the right to make delivery of your order by installments. We will endeavor to process your order and manufacture your product within the time period stated in each item. Manufacturing times may vary and any times quoted for the delivery of goods are estimates only. Time for delivery shall not be of the essence of these Terms and Conditions and we will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your order. When you receive the products, you must inspect them for any defects or non-conformity before signing good condition. If you sign good condition, you are accepting the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition. If you can see any sign of damage to the parcel please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights. You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to 2 times and then the delivery will be returned back to us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee. If you wrongfully fail to take delivery of the order then we shall be under no obligation to refund the price.
D. Risk or damage or loss of your order will pass to you upon delivery to the agreed address.
E. You shall have the right to cancel an order only in the following circumstances:
(a) If we have failed to deliver the Order within 40 days after the date you placed the order;
(b) In the case of faulty products at the earliest opportunity after you have discovered that it is faulty or defect (provided that you shall be deemed to have inspected the product as soon as reasonably practicable after delivery and in no case longer than 14 days after receiving the product). If an Order is cancelled under the condition in (a) or (b) above, we shall be responsible for all sums paid (including initial and re-delivery charges (if any)) with respect of the Order in question. For the avoidance of doubt, save faulty or defective products, nothing in these Terms and Conditions shall give you rights of cancellation in regard to the products, which, by their nature, have been made to your specifications or clearly personalized. You must return any product to us in its original packaging (which you shall retain for this purpose). Nothing in this clause affects your statutory rights.
VII. WEBSITE CONTENT
A. We provide the Website including, without limitation Website Content for
entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. The User Content which will be uploaded by you onto our Website will be blended into the storyline of the book by our team of professionals; therefore, we will not be responsible for any discrepancy, disparity or incongruity between the captions, text, storyline and/or drawings which may arise through our use of third-party crowdsourcing platforms. Our editorial professionals will use their best efforts to create a seamless storyline with the corresponding User Content; however, we will not be liable to you for any inconsistencies and/or discrepancies created by our use of third-party crowdsourcing platforms and do not guarantee that the caption contained at or about the User Content will accurately describe or represent your User Content.
IX. DISCLAIMERS YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PICCUZOO INC. DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
X. LIMITATION ON LIABILITY
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF PICCUZOO INC., AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY PICCUZOO INC. FOR THE VALUE OF THE PRODUCTS PRUCHASED BY YOU ON THE WEBSITE OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
B. If you become a registered user, you may terminate your Registration at any time by sending an e-mail to email@example.com
XIII. AMENDMENT; ADDITIONAL TERMS
XV. PRIVACY STATEMENT
A. When accessing our Website, Piccuzoo Inc. will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:
1. The name of the domain from which you access the Internet;
2. The date and time you access our site; and
3. The Internet address of the Web site you used to link directly to our site.
B. If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. Piccuzoo Inc. uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.