.: PicAdda - Terms & Conditions :.

By using or accessing this website, or any website hosted at the picadda.com domain name (the "Site"), or by using any of the content hosting and sharing services provided via the site (including without limitation any APIs) ("Services"), you (“You” or “Member” agree to be bound by these Terms of Service and by the Privacy Policy of Telemaven Software Solutions Private Limited, which are collectively referred to as the "Agreement." Please read the terms of this agreement carefully. If you do not agree to the terms of this agreement, then you may not use or access the site or any of the services.
PicAdda may, in its sole discretion, modify this agreement from time to time, and may modify, suspend, or terminate the site and services, for any reason, and without notice. PicAdda recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this agreement only once (when you register for an account), the terms of this agreement, as modified by PicAdda from time to time, will govern all use of the site and services. By continuing to use or access the site or any of the services, you agree to be bound by the terms of service in effect at the time of such use or access.
Note that any violation of these terms may result in termination of the service to you. If you have questions about the terms, please contact us at info@picadda.com

Restrictions, Content and Member Conduct

You acknowledge and agree that all photographic prints, albums of photographic prints, slides, film, negatives and resulting digital images (collectively “Content”) submitted by you to the service and/or created for you by the service is your sole responsibility. When submitting content to PicAdda, you are representing and warranting your ownership of the content or possession of written permission from the copyright owner to make such content available to PicAdda to perform the service and its obligations under these terms.

You will not do any of the following while using or accessing the site or the services:

a. Post, upload, email, or otherwise transmit (i) any content that you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content); (ii) any content for which you do not have the consent or permission of each identifiable person in the content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the content); or (iii) any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).

b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any content except your user content.

c. Use any meta tags or other hidden text or metadata utilizing the PicAdda name, trademark, URL or product name without PicAdda's express written consent.

d. Post, upload, email or otherwise transmit, without first obtaining the permission of PicAdda, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation.

e. Post, upload, email, or otherwise transmit, via the site or services, any content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of PicAdda.

f. Post, upload, email, or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the site.

g. Post, upload, email or otherwise transmit any content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any content that is unrelated to the immediate, aesthetic nature of the content.

h. Attempt to probe, scan or test the vulnerability of any PicAdda system or network or breach any security or authentication measures.

i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the site or services to send altered, deceptive, or false source-identifying information.
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the site or services.

k. Collect or store personal data about other users without their express permission.

l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud.

m. Resell the services, in whole or in part.

n. Violate any applicable law, regulation, or ordinance, or

o. Use the site or services in any manner not permitted by this agreement.

This list of prohibited content and member conduct is an example and is not complete or exclusive. PicAdda does not control the content in Registered Users' accounts and does not have any obligation to monitor such content for any purpose. However, regardless of whether the content is public or private, PicAdda may choose to monitor such content at any time, in its sole discretion. PicAdda reserves the right at all times to terminate your account, and delete any and all content, in whole or in part, for any reason including without limitation violations of this section, or of any part of this Agreement. PicAdda reserves the right at all times to disclose, in its sole discretion, any content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what PicAdda considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. For information regarding PicAdda’s handling of your personally identifiable information, refer to the PicAdda Privacy Policy.

PicAdda may request confirmation of the copyright or trademark ownership from the submitter. If PicAdda does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain uploads, PicAdda reserves the right to (i) suspend the shipping of an order relating to the upload in question, and/or (ii) share the uploader's account information with governmental organizations, law enforcement authorities or other third parties. If you, as an uploader, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, PicAdda reserves the right to suspend the display, viewing or sharing of any uploads until the issue has been resolved. You hereby grant PicAdda a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your uploads for the sole purpose of delivering the service to you. In addition, you warrant that all moral rights in any uploads and uploaded materials have been waived and do hereby waiver any such moral rights.

Your physical or electronic delivery of your images to PicAdda constitutes permission for PicAdda to perform image editing services on your images. PicAdda will not be liable for the content of any upload and expressly disclaims all liability relating thereto.

PicAdda provides the capability to buy prepaid points which can be used for availing the services and products of PicAdda. These points are non-transferable and non-redeemable. The lifetime of the points is for a period of 1 year from the date of purchace of the points. We do not provide refund of the points in case of non-usage within the specified lifetime. All possible attempts will be made to ensure that you are notified to potential loss of points due to non-usage.

Privacy Policy and Information Disclosure

When placing a scan order, you are required to provide an estimate of the total number of scans that you will purchase from PicAdda. You agree to pay in full, the price for your order and any additional amounts incurred due to any or all of the following circumstances: 1) the actual number of scans performed is greater than your estimate, 2) the type of images submitted for scanning differ from the type entered on the estimate form, and/or; 3) the actual shipping/delivery charges are higher than estimated at the time of your order. Should the work performed and/or shipping be lower than quoted via our site, you will only be charged for the services provided and/or the shipping costs incurred.
Shipping charges have to be prepaid by you at the time of placing the order. All payments for shipping and the deposit shall be made by credit card in advance prior to shipping the originals. Should any taxes apply, you are responsible for these costs. PicAdda reserves the right to either suspend or terminate your access to your account and terminate these terms due to issues arising from inability to process your credit card charges.
By using the service, you consent to receiving electronic communications from PicAdda. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Due to the nature of the work, the cost of restoration of photos can be assessed only by reviewing the specific photo in question. It is recommended that each photo requiring restoration be first scanned at a minimum of 600 dpi yourself or by using our scanning services. No prepayment is required till a quote is provided by PicAdda via email. Once a quote is provided, you agree to pay in full the price quoted before any work is started on your order. In case, you are not satisfied with the quality of the work done, all efforts will be put in by PicAdda to match your expectations. In case of further disagreements on the quality, a maximum of 20% of the quoted price will be refunded. You are required to delete all local copies of the samples of the efforts on the photo in case you accept the refund offer.

Print Purchases

You agree that you shall have no claims against PicAdda regarding the quality of any products purchased by you from the purchaser so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.

Please allow a reasonable period of time for the delivery of any product ordered from the site. Complaints or requests for refund must be communicated to PicAdda within a reasonable period of placing the order, in the event of non-delivery, or within seven (7) days of delivery of the order, in the event of a defect in the delivered product.

No order shall be considered confirmed until such confirmation is communicated to you in writing by PicAdda. You agree to render payment for any goods or services purchased from PicAdda on the site in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms hereof.

ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PICADDA WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, PICADDA'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PICADDA TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.

Certain information concerning Content being optically scanned by the service is digitally embedded by PicAdda into the resulting image files utilizing the Extensible Markup Platform (XMP) standard and EXIF/IPTC standards (“Embedded Information”). This Embedded Information may include, but is not limited to, PicAdda contact information, a unique order number, a unique member number, information or descriptive “tags”, and the operator and the time and date of the scan. This Embedded Information is necessary for PicAdda to effectively perform the production and distribution processes of the service. Because of its nature, this Embedded Information can also be used to identify the source and history of an image independent of the service. You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every scan performed by the Service and that you have been informed that distributing your images would result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images either intentionally or unintentionally.

Unless otherwise specified, all information appearing on the site including documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of Telemaven Software Solutions Pvt. Ltd., Copyright © 2009 Telemaven. PicAdda and the PicAdda Logo are service marks owned by Telemaven Software Solutions Pvt. Ltd.. All other trademarks, logos and service marks displayed on the site are the property of their respective owners. PicAdda provides products, content and services through the site, including content, trademarks, logos, graphics and images that are not content that are the copyrighted work of PicAdda or PicAdda’s licensors. You agree that you have no right to copy, reproduce, edit, modify any of these materials. You agree that you have no right, title or interest in the site or any materials provided on the site. All rights not expressly granted herein are reserved.

PicAdda may allow third parties to offer you products and services, including offers through our site or via email if you have opted to receive such communications. Your participation in any of these offers is solely between you and the third-party company. PicAdda disclaims all express, implied and statutory warranties with regard to third party content.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to PicAdda for personal use only. A web site that links to PicAdda (1) may link to, but not replicate, any portion of the site; (2) may not imply that PicAdda is endorsing such web site or its services or products, unless otherwise expressly agreed by PicAdda; (3) may not misrepresent its relationship with PicAdda; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray PicAdda or the PicAdda services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate PicAdda with undesirable products, services, or opinions; and (6) may not use any PicAdda trademark or service mark without our express written permission. PicAdda may, in its sole discretion, request that you remove any link to the site, and upon receipt of such request, you shall immediately remove such link.

Termination

This agreement is effective until terminated. If we believe that you have, or may have, breached any of the terms, conditions, representations or warranties of these terms and conditions, PicAdda may immediately terminate or suspend this agreement, at PicAdda’s sole discretion. You agree that PicAdda, may terminate your membership (or any part thereof) or use of the service, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the service, at any time, without notice, for any reason. Further, you agree that PicAdda shall not be liable to you or any third-party for any termination of your access to the service. Termination of this agreement by PicAdda is without prejudice to any other remedies PicAdda may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this agreement. Upon termination of this agreement, you are no longer authorized access to or use of the site and the PicAdda services, and any subsequent access or use without the prior written consent of PicAdda is prohibited.

You have the right to terminate your membership at any time by contacting our customer service department (info@picadda.com). The cancellation of your membership or ceasing all use of the service is your only remedy with respect to any dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request.

The site and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, PicAdda disclaims any warranties for the security, reliability, timeliness, and performance of the PicAdda site or the PicAdda service. PicAdda further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the site.

You, the user, understand and agree that the submission of any physical or digital photos, slides, or negatives to PicAdda, and the download or upload of any material through the PicAdda site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. PicAdda does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services.

Under all circumstances PicAdda (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if PicAdda has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

PicAdda offers limited free storage of online photos to members who maintain active participation. When you upload image content to the service, the original resolution of your content may be affected depending on the upload speed you choose. Further, if you upload an image with more than Three mega-pixels of resolution, PicAdda may in its discretion down-sample the image regardless of the upload speed you choose.
You should always preserve your original content, or make back-up copies of such content, on your personal system. You should not use the service as the only repository or other source for your content.

PicAdda controls and operates this site from its office in India and the materials may not be appropriate or available for use in other locations. If you use this site outside India, you are responsible for following applicable local laws, rules and regulations.
This agreement will be governed by and construed in accordance with the laws of the State of Karnataka, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this agreement or your use of the services will be filed only in courts located in the State of Karnataka. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services or this agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

General

You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. PicAdda may assign its rights and delegate its duties under this agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this agreement. The failure of PicAdda at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this agreement are invalid, you agree that the remainder of the agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this agreement. This agreement constitutes the complete and exclusive understanding and agreement between you and PicAdda regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.