Terms of Service
Pic4Less.com, Inc. Terms of Service and User Registration Agreement
Welcome to Pic4Less.com, Inc. These “Terms of Service and User Registration Agreement” are a legal contract between Pic4Less and you, the user of Pic4Less services. Please let us know if you have any questions about this document.
- You must be at least eighteen (18) years of age to enter into a contract with PIC4LESS. If you are under the age of 18, you must have a parent or legal guardian sign this Agreement. In no case are persons under the age of thirteen (13) years permitted to use the Site.
- “Signing” of Agreement.You “sign” and accept this Agreement by (a) clicking “I agree” at the bottom of this Agreement, or (b) uploading content to the Site, or (c) using the method expressly provided by PIC4LESS's mobile (or other) application.
Creation of Your Account.
- To share your images, text, and other content (“Content”) and to access some features and services offered by PIC4LESS at the Site (“Services”),you will have to create an account. You promise that (i) the information you provide PIC4LESS is accurate and complete, (ii) you will be the only person uploading Content and engaging in transactions through that account, (iii) you will keep your password secure, and (iv) you will notify PIC4LESS of any suspected breach of security or unauthorized use of your account. If you wish to delete your account, please contact PIC4LESS at firstname.lastname@example.org. Your account is personal to you and not transferable or sublicensable to third parties
- When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, including by e-mail, text message, sms, posting notices on this Site, or any other method of communication agreed upon by you and PIC4LESS. You agree that all such communications meet the legal requirement of a “writing” or “document.”
- For terms: com/terms. For privacy: pic4less.com/privacy. More help at email@example.com.
You are solely responsible for the Content and the decision to upload it to the Site. With respect to the Content, you represent and warrant:
- You own all rights, including copyright, in the Content, or you otherwise have sufficient legal rights to use the Content as enabled by the Site.
- It does not contain personally identifiable information about a child under the age of thirteen (13) years that can be viewed by visitors at the Site.
- It does not disseminate another person's personal information without his or her permission and does not disclose confidential information of a third party.
- It does not promote unlawful activities.
- It does not violate the privacy rights (including publication of private facts, intrusion into a place of seclusion, portrayal in a false light, or false endorsement), or rights of publicity of any person.
License to Use Your Content; Release.
- By uploading Content, you authorize PIC4LESS to use the Content, and the intellectual property rights relating to the Content, for the purposes of producing Products (defined below) and for sharing with the public if you authorize through the “Share” or “Share Now” feature at the Site. For the Content that are shared, you authorize PIC4LESS to display the Content in connection with its dissemination of information about, and promotion of, its Site, products and services. Without limitation, you grant PIC4LESS the right to reproduce copies, display, edit, index, host, store, cache, and transmit the Content. This license is nonexclusive, perpetual, worldwide, royalty-free, and transferable. It is for all formats and media now known or later developed.
- You may terminate the license you have granted to PIC4LESS by removing or deleting (or writing to PIC4LESS to remove or delete) your Content. Copies of your Content may remain on PIC4LESS servers until such time as the Content is overwritten or otherwise deleted.
- You retain ownership of the intellectual property rights in the Content that you upload and nothing in this Agreement transfers to PIC4LESS ownership of such rights.
- PIC4LESS reserves the broadest rights allowable under law and this Agreement to take actions it deems appropriate with respect to the Content and conduct at the Site. Visitors and users may contact PIC4LESS to complain, in writing, of any conduct that they believe is inconsistent with the obligations under this Agreement. You acknowledge that PIC4LESS may take actions with which you disagree, and it may (by way of example and not limitation) remove Content, destroy electronic files that you have posted or transmitted, report content to law enforcement, notify third parties of the Content posted, and terminate your access to the Site. You legally release PIC4LESS from any claims that you might have arising from such actions of PIC4LESS.
- PIC4LESS Intellectual Property.PIC4LESS retains ownership of all intellectual property rights relating to PIC4LESS, the Site, and the Services, including software, text, images, graphics, logos, user interface, videos, and sound recordings. You are authorized to use PIC4LESS materials only as part of your creation of pic4lesss and other activities expressly authorized at the Site.
- Integrity of the Site.You agree not to take any action to harm the PIC4LESS, interfere with its operation, access or its underlying technology, copy its underlying technology, or copy third party Content. You agree not to use any automated system (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site. You agree not to use the Site or information gathered at the Site for advertising or commercial purposes, or to send unsolicited communications. In your use of the Site, including the uploading and posting of Content, you agree to comply with all applicable laws. From time to time, the Site will be inaccessible for purposes such as maintenance. PIC4LESS does not warrant that the Site will operate without error or interruption.
- Third Parties.The Site may contain links to third party websites that are not owned or controlled by PIC4LESS. PIC4LESS does not control the content, privacy policies, or practices of any third party websites. Please review the terms of service, including privacy policies, of such third-parties.
- As the Services of PIC4LESS change and expand, PIC4LESS will post descriptions of such Services and the terms of those Services, including fees. You will have the opportunity to review and separately accept the terms of such Services. The listed price for products offered for sale at this Site (“Products”) is the retail price. The price for an order placed by you (“Order”) will include additional costs, such as taxes, shipping, and handling. The full price of the Order will be displayed to you before you legally accept the Order.
- Risk of Loss.The risk of loss and title for Products pass to you upon our delivery to the carrier.
- Product Acceptance; Remedy for Delivery of Nonconforming Product.You shall inspect all Products upon receipt, and report any Product defects to PIC4LESS in writing within ten (10) days after receipt. Products are deemed Accepted thirty (30) days after receipt unless, within those thirty (30) days, you notify PIC4LESS in writing that the Products do not conform to their description at the Site and provides PIC4LESS with documentation of such nonconformance. PIC4LESS shall remedy any nonconformance as set forth below in “Limited Remedies.” Those remedies are your sole and exclusive remedies in the event of the delivery of nonconforming Products.
- Limited Warranty.PIC4LESS warrants to the original purchaser that its Products are free of manufacturing defeat in materials and workmanship for a period of thirty (30) days after shipment. You shall submit in writing to PIC4LESS any warranty claim. Failure to give written notice of claim within the warranty period, or attempts by persons other than PIC4LESS to repair the Products, shall be deemed an absolute and unconditional waiver of the warranty claim.
- Exclusions from Warranty.This limited warranty is void if the Products are subject to damage, abuse, or misuse; or modified by a person other than PIC4LESS; or not used in accordance with written instructions provided by PIC4LESS.
- Exclusive Remedy.PIC4LESS will use its best efforts to correct any Product defect within thirty (30) business days after receipt of written notice of such defect and your provision of any documentation or description of the defect. You shall return the Product to PIC4LESS and pay the shipping and other costs related to the delivery of the Product to PIC4LESS. PIC4LESS shall repair or replace the defective Product and ship it to you, at no additional cost to you. If PIC4LESS is not able to resolve the defect, it shall issue a full refund of the paid purchase price.
- THE FOREGOING PRODUCT WARRANTY AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY PIC4LESS AND WAIVED BY CUSTOMER.
- S. Dollars; Revisions.Unless otherwise stated, all fees are in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the PIC4LESS Services at the point of purchase, with a valid payment method. Fees and services are subject to revision from time to time, and you will be advised of significant changes and required to accept those changes to continue with the Services.
- Product Contact.For any questions regarding the terms of your Product purchase, you may contact PIC4LESS by as set forth on the Site (email, telephone, or first class mail).
Limitation of Liability for Damages.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIC4LESS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS AGREEMENT, ACTIVITY AT THE SITE, THE SERVICES, OPERATION OF THE SITE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, NEGLIGENCE, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT PIC4LESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- As used in this section, “PIC4LESS” includes PIC4LESS, its officers, directors, employees, contractors, agents, members, parent, subsidiaries, related business entities, successors, assigns, clients, and producers.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF PIC4LESS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CLIENTS, AND SUPPLIERS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- Arbitration; Venue for Dispute Resolution.You and PIC4LESS shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Miami, Florida, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys' fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator's award shall be brought only the U.S. Court for the District of Florida, Southern Division, or the Circuit Court for the County of Miami-Dade; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys' fees and expenses in connection with any such motion to enforce the arbitration award.
General Legal Terms.
- Florida Law.The Site and Services are located in and delivered from Miami, Florida, USA. This Agreement is executed (signed) and performed in Florida. The Site and Services shall be deemed a passive website that does not give rise to personal jurisdiction over PIC4LESS, either specific or general, in jurisdictions other than Florida. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.
- No Implied Waiver.No waiver by PIC4LESS shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of PIC4LESS.
- If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
- Statute of Limitations.Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
- International Considerations.PIC4LESS makes no representations that the Site or Service is appropriate or available for use in locations other than the United States. Those who access or use the Site or use the Services from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
- PIC4LESS may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.
- The Services are offered by Pic4Less.com, Inc., 915 W 18 Street, Hialeah, Florida 33010 (email: firstname.lastname@example.org). If you are a California resident, you may have this Agreement emailed to you by sending a letter to the foregoing address with your email address and a request for this information and Agreement. PIC4LESS may provide you with notices, including those regarding changes to PIC4LESS's Terms of Service, by email, first class mail, or postings to the Site. Notice is deemed given upon the earlier of (i) actual receipt, (ii) twenty-four (24) hours after an email is sent, (iii) three (3) days after first class mail is deposited with the U.S. Postal Service, or (iv) thirty (30) days after a notice is posted to the Site.
- Force Majeure.Neither party shall be liable if its performance is delayed or made impossible or commercially impracticable due to acts of God, war, riot, fire, labor trouble, unavailability of materials or components, explosion, breakdown or accident, delay in transportation, plant shutdown, compliance with governmental requests, laws, regulations, order or actions, unforeseen circumstances, or causes beyond such party's reasonable control..
- Last Modified: July 17, 2019