Last updated: October 01, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Pictotee mobile application (the “Service”) operated by Bpizzy, LLC (“Company”, “us”, “we”, or “our”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Description of Service
Bpizzy, LLC hosts a mobile application, Pictotee, that enables users to post unique designs, names and images onto an online dashboard and then pre-print the designs onto a tee-shirt that is sold and shipped to the user. The Services provided by Pictotee include (among other things): [access to an online dashboard to submit your images and browse through a catalogue of other user images; functionality to edit, format or enhance your design or image; and the capability to view the tee-shirt with your emblazoned image or design prior to submitting your order.]
Pictotee License Grant and User Restrictions
Bpizzy, LLC alone shall own all right, title and interest, including all related intellectual property rights, in and to the Pictotee mobile application, the Pictotee Service and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Pictotee. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Pictotee mobile application or Company’s intellectual property. The Pictotee name, the Pictotee logo, and the product and service names associated with the Service and user interface are trademarks of Bpizzy, LLC, and no right or license is granted to use them hereunder. The Pictotee mobile application and website may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. In addition, all content published on the Site by Company belongs to Bpizzy, LLC under applicable copyright law.
Company hereby grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Pictotee software, including all files and images generated by the software, in connection with operating the Pictotee mobile app, and solely for your own non-commercial, personal use. Company does not transfer either the title or the intellectual property rights to the software, and Company retains full and complete title to the software as well as all intellectual property rights therein.
You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, reverse engineering, or other competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Pictotee mobile application or its content or software in any way; (ii) modify or make derivative works based upon the Service; (iii) embed the Service as a “iframe” or “frame” from within another application; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Service, or (c) copy any ideas, features, functions or graphics of the Service. You may use the Service only for your own personal and home purposes and shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Pictotee’s sites, servers or networks; (iii) attempt to gain unauthorized access to the Service or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on Pictotee’s infrastructure. Pictotee shall be entitled to adjust the scope of the Service and the underlying technical infrastructure to reflect the continuing development of the Service and technical advances.
Compliance With Intellectual Property Laws
When accessing the Pictotee mobile app or using the Services (including but not limited to posting Customer Content to the site and printing tee-shirts with your submitted images), you agree to obey the law and to respect the intellectual property rights of others. Your use of the mobile app and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, post, display, or otherwise distribute any text, logos, images and designs (collectively, “Customer Content”) (including without limitation the printing and wearing of tee-shirts with your selected image or design) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Customer Content you provide. The burden of proving that any Customer Content does not violate any laws or third party rights rests solely with you.
Pictotee does not own any Customer Content or advertisements provided by you hereunder, provided that you hereby grant Company and Pictotee a worldwide, royalty-free, non-exclusive right to use, reproduce, create derivative works of, distribute, transmit, reformat, edit and publish your Customer Content and advertisements for the sole purpose of providing you with the Service and printing the tee-shirts.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the mobile app or on the Pictotee tee-shirts. Company adopted a policy that provides for the immediate suspension and/or termination of any Pictotee user who is found to have infringed on the rights of a third party, including without limitation by posting images on the Pictotee app or printing tee-shirts containing images that infringe a third party’s copyright or trademark. Company’s policy is to monitor Customer Content for infringing material and investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit or disable the material in question, you must provide Company with all of the following information: (a) a signature of a person authorized to act on behalf of the owner of the copyright or trademark that is being infringed; (b) identification of the material that is claimed to be infringed and that is to be removed; (c) your contact information; and (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner. For this notice to be effective, you must provide it to Company’s designated agent at:
BPIZZY, LLC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY PICTOTEE TEE-SHIRT PRODUCT. BPIZZY, LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, OR TEE-SHIRT PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
Links To Other Web Sites
Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Company works with a number of partners and affiliates whose internet sites and mobile apps may be linked to the Pictotee app. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Bpizzy, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all causes of action, claims, damages, liabilities, demands or costs (including but not limited to attorney’s fees and costs), resulting from or arising out of a) use and access to the Service, by you or any person, whether or not authorized by you, using your account and password; b) a breach of these Terms, c) any claims arising out of and in connection with posting infringing material on the Pictotee app, or printing tee-shirts with infringing or unlawful designs, images or logos; and (d) any product liability, negligence or other claim arising out of or in connection with the use or condition of the Pictotee tee-shirts.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement to the Pictotee website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
If you have any questions about these Terms, please contact us.