WEBSITE TERMS AND CONDITIONS OF USE
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND PICS CHECKOUT LIMITED (“COMPANY”). BY ACCESSING THIS SITE, USING THE APPLICATIONS, DOWNLOADING AND UPLOADING ANY PHOTOGRAPHS OR DIGITAL IMAGES OR OTHER CONTENT OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
In these Terms and Conditions the following terms shall have the following meanings:-
“Applications” means the software code and software applications and software functions enabling the User to use the Website and all its various features provided by the Company.
“Data” shall mean any digital content of any type whatsoever including but not limited to pictures, sound files, music, images, photographic images, text, information, digital files and all such other data.
“User” shall mean any person, organization or entity using the Website.
“Registered User” means any User who has formally registered as a User of the Applications and filled out the relevant forms and identification procedures.
“End User” shall mean any customers or consumers of the Registered User’s products and services either via this site or the Registered User’s Micro-Site or third party Website linked to the Company’s Website.
“Website” means the Company’s website incorporating the Applications, Data and relevant functionality and including but not limited to those URLs such as picscheckout.com
“Micro-site” means any website created within the Website for the Registered User which may be linked via the Registered User’s own or another’s website to the Website and its Applications.
2. User Status
2.1Subject to these terms and conditions you may apply to open a Registered User account with the Company by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will have a licence to use the Applications to process Data and shall be able to upload Data to the Website, download Data from the Website and use the Applications either on behalf of yourself or End Users through use of your own dedicated Micro-site in your own name or name of your business hosted on this site.
2.2 As part of the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice. Please note that we have a Child Safety Policy (section 7) on this site which will be strictly enforced in circumstances where we believe that there could be possible abuse of the policies set out on this Website or the use of Data for any prohibited or inappropriate cases.
2.3 Each registration and licence granted is for a single Registered User only so if you have more than one business name please confirm which name is to be used.
2.4 You will also need to provide a password in order to access your Registered User account. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
2.5 There is a registration charge for opening an account as a Registered User and there are charges for other services supplied by us. These charges are set out on the Web site and shall be updated from time to time. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge you will need to supply us with your credit card or bank details so that we may process the order for you.
2.6 In the event that you supply invalid bank or credit card details, or the details of a credit card that belongs to someone else, we reserve the right to terminate your account at any time without notice.
2.7 As a Registered User you will be entitled to open up a merchant account for use on your own Micro-site.
2.8 Your Micro-site must contain your own terms and conditions of supply to your own End-Users and we accept no responsibility for any claims, damages or loss that may be sustained by your End-Users in respect of any complaints, non-deliveries, poor quality of service or other matters. You must deal directly with any of the End-User’s complaints and provide your contact details on your own Micro-site.
2.9 You will be responsible for servicing your End-User’s’ requirements and you will indemnify the Company in full for any claims, demands or losses that result from use of your Micro-site or the supply of any products and services from your Micro-site if claims are made against the Company.
3.1 This document sets out the terms and conditions of use on which you may make use of our Website, whether as a User or a Registered User or an End User. The Website is operated by the Company. Please read these terms carefully before you use our Website. You may only use our Website (and the services and products provided through our Website) if you agree to these terms. Please understand that you only have a limited licence to use our Applications for Data processing in accordance with these terms and conditions. Your continued use of our Website indicates your acceptance that these terms apply to our Website and your use of it.
3.2 We may change, modify or revise these terms and conditions of use at any time by amending this document. The changes made to the terms will come into effect as soon as they are posted on our Website and your use of our Website (or of any services or products provided through our Website) will be subject to the amended terms. Each set of our terms and conditions will have a relevant date to identify the terms being used. You as a User are obliged to check this page from time to time to take notice of any changes we may have made. Some of the provisions contained in these terms and conditions of use may also be superseded by provisions or notices published elsewhere on our Website. We will try and flag changes to our terms and conditions from time to time but even if we do not do so you as a User shall be deemed to have been aware of the terms and conditions current at the date of the use of the relevant services.
3.3 Our Website provides access to a number of services and products provided by us that may only be used in accordance with these terms or the terms specifically set out below. The services and products include, but are not necessarily limited to:
(a) hosting the applications to enable uploading and downloading of any type of digital content whether images, texts, music or other digital data;
(b) the ability to link Data with a database of names or other information;
(c )the ability to enable Registered Users to process orders in connection with their relevant business;
(d) the ability for Registered Users to set up merchant accounts or to use merchant accounts;
(e) the ability of Users to purchase licensed hand-held mobile products for processing images and photographs under separate legal terms and conditions;
(f) the ability to link to other websites;
4. Permitted Activities
You may access any part of our Website provided that it is not password protected. Access to some parts of our Website is only available if you have a valid password. You may not access these areas without a valid password.
5. Forbidden Activities
5.1 You are not allowed to modify, decompile, disassemble, reverse, engineer or create derivative works from the Applications or accompanying files or copy any software which enables the Applications on our site or to remove any copyright, trade mark or other intellectual property notices contained in any material on our Website or from any copies or printed items taken of material from our Website save where as a Registered User such data has been created by yourself and you own the copyright or other intellectual property in the same.
5.2 You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this clause may result in immediate suspension of your service.
5.3 You are not allowed to upload or to download or use any Data which may contain any of the following:
(a) material which is defamatory of any person or material which is pornographic, obscene, indecent or offensive or which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(b) material that is likely to incite hatred or violence against any person or group or which is blasphemous material;
(c) material which concerns or relates to any criminal act or which promotes any illegal activity;
(d) material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party save where clearance or written authority has been obtained for the use of the same;
(e) material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence which is threatening, abusive or invades another’s privacy;
(f) material used to impersonate any person, or to misrepresent your
identity or affiliation with any person or that is likely to deceive any person;
(g) material which gives the impression that it emanates from PCL;
(h) material that breaches any applicable laws or legislation.
6. Intellectual Property Rights and Rights of Data Removal
6.1 We are the licensee of all intellectual property rights in our Website including but not limited to the look and feel of such site, Applications hosted on such site together with all domain names or parts of any domain name.
6.2 Although we prohibit the uploading or downloading of certain types of Data to our Website, we cannot control, nor do we monitor the use of our Website. It is possible that Data may appear on our Website or on Micro-sites which is unlawful or offensive and contravene our restrictions on content or Data set out above. We are not responsible for such Data but if you become aware of any such images or material on our Website please contact us without delay and if the same is on your Micro-site you must remove the same. Registered Users are responsible for not uploading or downloading Data as set out in clause 5.3.
6.2 We may at our discretion contact law enforcement authorities if we are of the view that anything unlawful is occurring or has occurred in relation to our Website including the uploading or emailing of any Data in breach of our Child Safety Policy.
6.3 We may without notice and at our sole discretion delete or remove any Data that has been uploaded to a Micro-site, emailed or submitted in breach of these terms.
6.4 You shall be deemed to retain or have obtained all intellectual property rights, including copyright, in Data that you have uploaded to our Website or downloaded to the End-User for the purposes of use of our Applications. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of any use by you or your End-Users of our Website or any Micro-site connected to you in breach of these terms, any claim that the uploading or emailing of any Data by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights;
7. Child Safety Policy
7.1 Data is only permitted to be uploaded by Registered Users who we have approved and such Data shall only be downloaded to End Users who have given their email addresses together with their home addresses and have used their relevant passwords to access such images on the Website or Micro-site.
7.2 Users of our sites are requested to inform us if they become aware of any if any images or data from our Website or any Micro-site forming part of our site are being used for illegitimate purposes.
7.3 Users of our sites are requested to inform us if they become aware of any if any images of children for sale on our Website or any Micro-site forming part of our site which are not password protected.
7.4 No Registered Users of our site will sell, trade or give any image of children to the national, local or international press.
7.5 If a carer, parent or child request that any of their own images be removed from the Website or Micro-site, their request shall be complied with.
7.6 All images are right click disabled to prevent unauthorised copying and/or image manipulation.
7.7 Under no circumstance will a password be given out via the telephone or email.
8.1 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998.
8.2 All information collected is through the ordering/registration process and is in accordance with the Data Protection Act 1998.
8.3 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
9. Operation of the Website
9.1 We may change the format and content of our Website (or any services offered by our Website) at any time.
9.2 We may terminate or suspend the operation of our Website (or terminate or suspend provision of any products or services offered through our Website) for support or maintenance work, in order to update the content or for any other reason including the upgrading or maintenance of any of our Applications. We may do this at any time and without notice.
9.3 You are advised to keep back ups or copies of all material provided to our site for Application or processing purposes. In particular, it is up to you to keep backup copies of data uploaded by you or downloaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any Data or any other material uploaded on to our Website or downloaded from our Website.
10. Data Protection
10.2 If you are a Registered User you will be obliged in respect of any Data that you hold in respect of your End-Users, or any parties with whom you carry out business to fully comply with the relevant sections of the Data Protection Acts 1984 and 1998 as to the registration holding and distribution of such information and to obtain all necessary consents for processing.
11.1 The decision as to whether to accept any order is at our sole
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