Last Updated: October 2019
A. USERS. You may simply browse the Site, or you may register with Picsible and create an “Account”. You do not have to have an Account to order Products. You must, however, only provide us with true, accurate, current and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
B. ACCOUNTS. If you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Picsible be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Picsible under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity
Procedures for Placing an Order: Unless otherwise specified on the Site, Orders through our Site are made through the following process:
a. When you place an Order on our Site for a specific Product(s), you will select your Products and provide your Payment information to Picsible as set forth below. Picsible will process your payment at the time that you place your Order.
b. The item that you wish to have framed is referred to herein as your “Item”. You may either send us a digital copy of your picture.
c. If you are providing Picsible with a digital copy of your Artwork (the “Digital Artwork”), please upload the digital file of the Artwork to the Site. Picsible will print such Artwork and frame such Artwork solely according to your specifications as set forth on the Site. Please note that Picsible may choose to not complete your Order for any reason, including without limitation, if Picsible believes that you do not have the proper ownership rights to reproduce the Digital Artwork. In such case, Picsible will cancel your Order and refund any payments made by you.
Following completion of the framing of your Artwork, Picsible will send to you your framed Artwork (the “Final Product”, which constitutes a Product under these Terms). The Products are subject to Picsible’s then-current return policy, as posted on the Site.
Acceptance of Your Order: Your placement of an Order through our Site is an offer to purchase the Product(s) and/or Services ordered and we may accept your Order by processing your payment and shipping the Final Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by Picsible until the Final Product(s) has been shipped to you. If some of the Products in your Order are temporarily out of stock, we will ship the available Products only and notify you of any Products that cannot be fulfilled. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We further reserve the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Your Order will be deemed accepted by Picsible upon our delivery of the Final Products that you have ordered. We may require additional verifications or information before accepting any Order. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when Picsible provides the Product(s) to a common carrier.
Shipping of Orders: Any estimated shipping date provided by Picsible is based on the date that Picsible receives your Order from you, Product availability and payment processing time, and does not include transit time. Picsible only ships currently to addresses in Nigeria.
D. PAYMENT. To pay for an Order, you will need to provide Picsible with the information necessary to process an Order from you, including your shipping address and the billing information requested on the Site to pay for such Order. You may pay for your Order via credit card or any other manner then available on the Site. By submitting your payment information to us, you authorize us to charge the applicable payment method at our convenience but within thirty (30) days of credit card authorization. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We assume that because Orders require a valid credit card, only persons age 18 or over are placing Orders, and providing us with the information requested during the Order process. We shall not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your card.
E. PRICING AND PRODUCTS. We make efforts to display our Products and their colors as accurately as possible. Having said that, the displayed colors of the Products will depend upon your monitor and we cannot guarantee that your monitor will accurately portray the actual colors of the Products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. We cannot confirm the price of an item until you place an Order. In addition, in the event that we receive your Artwork and we determine that the Product that you have ordered will not work for your Artwork, we will communicate with you to determine if you would like to change your Order to a different Product. In the event that you change your Order, the price of your Order will likely change. You authorize us to charge your payment method for any changes to your Order that you have approved. Despite our best efforts, a text-small number of the items on our Site may be mispriced. We are not responsible for typographical errors regarding price or any other matter. Unless otherwise noted on the Site at the time of your Order, all prices include shipping and handling. Unless otherwise set forth on the Site, the prices do not include sales taxes or any other taxes that we are required to add to your Order. Such taxes will be added to your total purchase price, if applicable.
F. PROMOTIONAL OFFERS; GIFT CARDS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.
Picsible gift cards and gift certificates ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Picsible on www.picsible.com. Purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s picisble.com account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards. Gift cards do not expire.
Gift Cards may not be redeemed for the purchase of products at any other website. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in a picsible.com account may not be transferred to another picsible.com account.
The risk of loss and title for Gift Cards pass to the purchaser upon Picsible’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Picsible’s delivery to the carrier, whichever is applicable. Picsible is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on picsible.com.
PICSIBLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND PICSIBLE’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
a. Third-Party Materials. As a part of the Site and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Picsible to monitor such materials and that you access these materials at your own risk.
H. USER AND ARTIST SUBMITTED MATERIALS.
a. Any materials submitted by you to Picsible, including, without limitation, your Artwork, photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions. You will retain ownership of such User Submitted Materials, and you grant PICSIBLE and our designees a limited, non-exclusive, royalty-free, right and license, to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials (i) to enable you to use the Service to create, produce and purchase Products, (ii) in connection with the production or provision of any Product or Service you request, (iii) to show you how your User Submitted Materials would appear in our Products or Services, and (iv) to enable PICSIBLE to provide the Products and Services. For example, when you place an Order for a Product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for framing, packaging and shipment. With respect to materials submitted by an Artist to Picsible, including, without limitation, Artwork, photographs, images, text, graphics and other materials (collectively, "Artist Submitted Materials", and together with the User Submitted Materials, the “Submitted Materials”), the Artist retains ownership of all of such Artist Submitted Materials. PICSIBLE agrees that it will work individually with an Artist to obtain any rights to use, reproduce , distribute and publicly display Artist Submitted Materials on the Site or in other PICSIBLE marketing materials and solely with the consent of the Artist.
b. Please note that, while you retain ownership of your Submitted Materials, any template or layout in which you arrange or organize such Submitted Materials through tools and features made available through our Sites are not proprietary to you, and the rights to such template or layout will remain with us.
c. You represent and warrant that you own or otherwise possess all necessary rights with respect to the Submitted Materials, and that the Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
d. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Submitted Materials.
e. You agree that we may (but are not obligated to) filter any Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any Submitted Materials (including, without limitation, suspending processing and shipping of any Order relating to any User Submitted Materials) and/or disclose any Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable Products or Services, to enforce these Terms or to comply with legal obligations or governmental requests.
f. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) the Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to such Submitted Materials.
g. You agree that you, not Picsible, are responsible for all of Your Submitted Materials.
h. We may, in our sole discretion, determine whether Your Submitted Materials complies with such instructions and is satisfactory for use in our Services. Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any Submitted Materials from our Site.
I. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call “Content.” You agree not to revise Content posted by others, and you represent and warrant that you will not use any Content in any manner or submit any Submitted Materials or other Content that:
· Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
· Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
· Is false or inaccurate or becomes false or inaccurate at any time; Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
· Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
· Misrepresents your identity in any way;
· Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
· Advocates or encourages any illegal activity; or
· Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
J. General Rules of User Conduct. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
· Conduct or promote any illegal activities while using the Site or Services;
· Upload, distribute or print anything that may be harmful to minors;
· Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
· Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
· Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
· Use the Site or Services to generate unsolicited email advertisements or spam;
· Use the Site or Services to stalk, harass or harm another individual;
· Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
· Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
· Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
· Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
· Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
K. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products, the Site or the Services (collectively “Feedback” ) you agree we may use the Feedback to modify our Products, Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate written agreement with you that provides otherwise.
L. USE OF PRODUCTS BY PICSIBLE. From time to time, Picsible may request your consent for Picsible, its affiliates and partners to use photographs and other reproductions of Products ordered by you or provided to you, including Products that contain your Submitted Materials, and other materials supplied by you to Picsible in Picsible’s marketing materials, publicity and other materials and on the Site. In such event, Picsible will seek your consent prior to such use. If you provide us with your consent, Picsible, its affiliates and partners will have a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of to use, reproduce, distribute, create derivative works of and publicly display, photographs and reproductions of such Products and other materials in all media existing now or created in the future to market our Products, Services and Site and for such other purposes as we may determine.
M. MODIFICATIONS TO AND DISCONTINUANCE OF THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
O. DISCLAIMER OF WARRANTIES. THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PICSIBLE “WITH ALL FAULTS” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PICSIBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
P. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO SELL THE PRODUCTS AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
EXCEPT AS EXPRESSLY SET FORTH BELOW REGARDING LOST OR DAMAGED ARTWORK, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE TOTAL AMOUNT OF THE ORDER GIVING RISE TO OUR LIABILITY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE or our partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
LIMITED REMEDY FOR LOSS OR DAMAGE OF YOUR ARTWORK
As art lovers dedicated to protecting and preserving art, safeguarding ARTWORK is PICSIBLE’S priority. PICSIBLE strives to make shipping your ORDER to us safe and secure. PICSIBLE’S packaging is designed to protect your ORDER against the standard shipping process, and PICSIBLE’S shipping partners allow you to track your ORDER from your door to PICSIBLE’S studio and back again.
Because PICSIBLE knows that sometimes the value of your ARTWORK is not tied to its monetary value, your ARTWORK is covered both by formal insurance and PICSIBLE’S Art Care Guarantee (as described below).
If PICSIBLE loses or damages YOUR ARTWORK, you acknowledge and agree that your sole and complete remedy for any such loss is as set forth below:
a. In the unlikely event that your ORDER is lost or damaged, PICSIBLE will (i) if available, offer to replace your ARTWORK, or (ii) offer PICSIBLE’S make a payment to you up to 20,000 in the amount of up to TWENTY THOUSAND NAIRA (₦20,000.00) (the “Art Care Guarantee”).
R. Procedure for Making Claims of Copyright Infringement. While Picsible is not obligated to review Your Submitted Materials for copyright infringement, Picsible is committed to protecting copyrights and expect users of our Site and Applications to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site or Applications infringes your copyright, you (or your agent) may send Picsible a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Picsible to locate the material on our Site and Applications; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Picsible a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding the Site and Application should be sent to:
16 Spring Road, Off Ekpri Nsukara Road, Uyo, Nigeria
T. TRADEMARKS & COPYRIGHT NOTICE. The trademarks, logos and service marks displayed on the Site are the property of Picsible or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Picsible, Copyright © 2016 Picsible, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
U. INTERNATIONAL USERS. This Site can be accessed from countries around the world and may contain references to services and Products that are not available in your country. These references do not imply that Picsible intends to announce such services or Products in your country. The Site and Services are controlled and offered by Picsible from its facilities in Nigeria. Picsible makes no representations that the Site or the Products are available for use in other locations. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
a. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Picsible’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
d. Dispute Resolution.
a. Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
b. Release. You hereby release the Picsible Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services.
c. Notice. Where Picsible requires that you provide an e-mail address, you are responsible for providing Picsible with your most current e-mail address. In the event that the last e-mail address you provided to Picsible is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Picsible’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Picsible at the following address: email@example.com. Such notice shall be deemed given when received by Picsible by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
d. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
e. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
f. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.