As of 7.11.19
Thanks for taking the time to read Pictavo’s legal policies. They contain important information about how we protect your privacy and what you can and can't do with Pictavo.
WHAT IS PICTAVO?
REGISTRATION (If Applicable)
By using Or Purchasing From this Website you agree not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity.
Make Submissions (as defined below) available for viewing to the general public via an external link
Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
Restrict or inhibit other users from using the Website.
Violate any applicable laws, rules, or regulations including without limitation Children's Online Privacy Protection Act, Family Educations Right and Privacy Act, or Personal Information Protection and Electronic Documents Act.
Express or imply that any statements you make are endorsed by us.
Engage in spamming or flooding.
Access or use (or attempt to access or use) another user's content without permission.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website.
Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
"Frame" or "mirror" any portion of the Website, or link to any page from the Website without our prior written authorization.
Order or purchase through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication. We and your school reserve the right to cancel or suspend your account upon allegations of misconduct or misuse of the Website.
If you choose to upload or otherwise submit any material through the Website, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website ("Submissions"), by uploading or submitting such video or photographs you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, 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 with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You must be 18 years of age or older to order or purchase goods or services from this Website unless you have the specific permission from a parent or legal guardian. In order to upload an image, create folders or in any other way utilize the Website, you must be at least thirteen (13) years old. We recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent's or guardian's permission before sending information about themselves to anyone online.
If you are a convicted sexual predator, you may not use any such Website feature (chat rooms, community pages or photo access).
OBLIGATIONS & RESPONSIBILITies
You acknowledge that, by providing you with the ability to view and distribute user-generated content and Submissions on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content or Submissions. We do not and cannot review all communications, content, materials or Submissions posted to the Website, and we are not responsible for the content of such communications, content, materials or Submissions. As we do not provide or control such content and Submissions, you view and use the content, Submissions, and Website at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.
If you become aware of misuse of the Website by any person, please contact us at email@example.com. We do not control the security of the Internet or other networks you use to access the Website or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with the Website while it is being transmitted.
OUR USE OF INFORMATION SUBMITTED
You agree that all Submissions and other information provided is non-confidential and by providing content or Submissions you give us a royalty free, perpetual, irrevocable and worldwide right to utilize content or Submissions in any manner, in whole or in part, without any obligations to you. We are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us including yearbooks and other materials created using the Website, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
Any ideas and/or suggestions you submit will be owned by us, and you hereby irrevocably assigns any intellectual property rights in such ideas and suggestions to us.
ORDER ACCEPTANCE & PAYMENT
We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. We reserve the right at any time after the receipt of the order, to supply less than the quantity you ordered of any item. Some circumstances under which we may cancel the order may include but are not limited to
(1) defects or damages found at the time of shipping,
(2) errors in the product description, quantity and pricing on our Website or catalog (if applicable),
(3) due to any typographical error,
(4) if an item is out of stock or no longer available,
(5) we become aware of a product safety concern, or
(6) if a product is in violation of copyright or infringement laws or any other legal issue. By placing an order, you accept and agree that the total liability of us under any legal claims whatsoever, shall be limited to the amount of money you have actually paid solely and only for placing the order. If your order is rejected or limited by us, your exclusive and sole remedy is either
(a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card had been charged for the order), or
(b) we will not charge your credit card for the cancelled portion of the order of the quantity not provided. It will be in our sole discretion how to refund, refinance, or replace an item with a similar or identical product.
For each product or service you order from the Website, you agree to pay the price applicable for the product or service (including any sales tax, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. By using a credit or debit card you signify that you are the rightful owner of the card. We shall not be responsible for inappropriate credit card use nor shall we bear the responsibility to verify credit card owner. Without limiting remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. By ordering from us, you agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts. In the event you activate Pictavo Community, the total amount collected for all online orders will be deposited into the account specified during the setup of Pictavo Community within approximately sixty (60) days less the 5% service fee.
All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
The entire content of the Website, including but not limited to text, graphics and code, is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringed is located on the Website;
information on how to contact you including your address, telephone number, and email address, if available;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Claims of infringement should be mailed via certified mail, return receipt requested, to the following address
1725 Roe Crest Drive
North Mankato, MN 56003
WARRANTY DISCLAIMER & LIABILITY LIMIT
IF YOU ORDER ANY PRODUCTS FROM US, THE ABOVE LIMITATIONS ON LIABILITY ARE FULLY APPLICABLE. IF WE PROVIDE DEFECTIVE PRODUCT, YOUR REMEDIES ARE LIMITED TO ONE OF THE FOLLOWING: (1) REPAIR OF THE DEFECTIVE PRODUCT; (2) REPLACEMENT OF THE DEFECTIVE PRODUCT; OR (3) REFUND OF MONEY PAID FOR THE DEFECTIVE PRODUCT. ALL PRODUCTS PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "WHERE IS" WITH NO WARRANTIES WHATSOEVER, AND ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED.
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your use of the Website shall be governed by the laws of Minnesota, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Nicollet County, Minnesota. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
The Website is controlled and operated within the United States, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the Website or any parts thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We are located in the United States and this is a U.S.-based web site. By using this site, you agree to the transfer of your personal information to or within the United States.
As we continue to develop our web site and take advantage of technologies to improve the services we offer, this policy likely will change. When we change it, we will post the change(s) on our web site. If we change the policy in a material way, we will provide appropriate online notice to you.
We may collect various types of personal information from you, depending upon how you use our site. The categories of personal information we collect may include:
Your first and last name
A home or other physical address, including street name and name of a city or town.
Your e-mail address.
Your telephone number.
If you make a purchase on our site, your credit card number and related information.
We may combine the information we collect from you with information we receive from you offline. We may also receive information about you from other sources, including, for example, address update services.
We may use the information we collect from and about you for any of the following purposes:
to fulfill your requests for products and services;
to provide you with targeted offers and advertising on the site;
to contact you with information and promotional materials and offers from our company as well as from our subsidiaries, affiliates, marketing partners, advertisers and other third parties;
to contact you;
to review site usage and operations;
to address problems with the site, our business or our products and services; and
to protect the security or integrity of the site and our business.
You may decline cookies, but by doing so, you may not be able to use certain features on our site. You also may be able to make some web beacons unusable by rejecting cookies. Check the "Help" menu of your browser to learn how to change your cookie preferences.
Changing Your Personal Information
You may change or update your personal information by sending an email to: firstname.lastname@example.org. Please include "Change My Information" in the subject line.
We have taken certain physical, electronic, contractual, and managerial steps to safeguard and secure the information we collect from site visitors. We also do not direct the site to, nor do we knowingly collect personal information from, children under thirteen.
Third Party Websites
If you have any questions or comments about this policy, please send an email to: email@example.com. Please include "Question or Comment" in the subject line.
This notice is meant to address our obligations under Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).
WHAT WE DO WITH PERSONAL INFORMATION
As a provider of quality yearbook products, Pictavo collects, uses and, in some instances, discloses personal information about customers and potential customers. The privacy and protection of this personal information is important to Pictavo, its affiliates, subsidiaries, reinsurers and authorized administrators (herein “we” or “us”).
1. Personal Information
We treat information that identifies an individual as personal information. This includes basic information such as a name and address, and it includes more sensitive information like geographical location information. Pictavo obtains appropriate consent to the collection, use and disclosure of personal information.
2. Collection of Personal Information
We identify the purpose for which personal information is collected. Pictavo does this at or before the time we collect personal information. We only collect that personal information which is necessary and also consistent with the stated purpose.
Subject to legal and contractual restrictions, an individual may decline or revoke his or her consent to the collection, use or disclosure of his or her personal information. However, if we need to collect, use or disclose that personal information in order to provide or administer our products or services, we may also decline or cease to provide those products or services to that individual.
3. Use of Personal Information
Sometimes Pictavo may use personal information for the purpose of offering new, upgraded or additional products or services.
Pictavo may also make offers to individuals whose names and addresses appear on lists obtained from other organizations. Pictavo relies on those other organizations to obtain proper consent to the use and disclosure of personal information for this purpose.
We provide individuals with an easy and inexpensive method of declining to receive offers from Pictavo. Individuals can tell us their preferences by writing to us or by email (see Section 8). If such a request is received by us, we will use our best efforts to honor that request and to not use that individual’s personal information to make offers of new, upgraded or additional products and services.
4. Retention and Accuracy of Personal Information
We do our best to ensure that the personal information we hold and use is accurate. We rely on the individuals we do business with to disclose to us all relevant information and to inform us of any changes.
Personal information is kept only for so long as is required, in accordance with our records retention policy and legal and regulatory requirements. If personal information is no longer required, we destroy it or render it anonymous.
5. Protection of Personal Information
We typically receive personal information from an individual when they set up an account for one of Pictavo’s products or services. We create a file for the purpose of providing the requested services and products, in addition it allows ease of access and follow up for customer requests. This information is stored on our local servers based in the US.
We take precautions to secure personal information on our systems in accordance with industry standards or as is appropriate given the sensitivity of the information being collected.
6. Sharing Your Personal Information with Affiliates or Third-Parties
7. Access to Personal Information
Pictavo will, in accordance with applicable privacy law and upon proof of entitlement and the presentation of proper identification, permit an individual access to the personal information we hold about him or her. An individual may request access to or, if applicable, a correction of the personal information we have in our possession.
The right to access is not absolute. For example, if information is subject to a legal privilege, Pictavo does not have to permit access.
Pictavo may charge a reasonable fee in advance for processing the information request.
8. Contacting Us About Privacy
If an individual does not wish Pictavo to use or store their personal information to offer them new, upgraded or additional products and services, the individual may write to our Privacy Office at the email or address listed below. We will then take note of the individual’s preferences and cease, within a reasonable time period, use of their personal information.
Questions with respect to the privacy of personal information or requests to access or correct personal information may also be directed to:
1725 Roe Crest Drive
North Mankato, MN 56003