Terms & Conditions
Updated 13th July 2018
Welcome to Pictabulous!
Pictabulous provides customers a fun, safe, and easy way transform (collectively "Process") your photos into art. However, before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time in accordance with section XVII of these Terms, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By using the Services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Harrier LLC, Brunel Road, Newton Abbot, TQ12 4UH, which operates the Services under the Pictabulous name, that you will use the Services only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.
Please read and carefully review these Terms and Conditions, as they form a binding agreement between you and Harrier LLC. In particular, please note the arbitration provision set forth below, which, except and to the extent prohibited by law, may require you to arbitrate any claims you may have against Harrier LLC Ltd on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
I. Your Account
You can create a Pictabulous account if you are at least 13 years of age and submit certain requested information to Pictabulous, including your name and correct email address. As a customer, you must provide Pictabulous with true, accurate, current, and complete information about yourself when such information is requested (whether by questionnaires, surveys, registration forms, or other informational requests). You are responsible for preserving the confidentiality of your account and password and for restricting access to your account, and are responsible for all activities that occur under your account or password. You will notify Pictabulous of any known or suspected unauthorized use of your account. It is not necessary to create an account with Pictabulous, however it will enable you to track your orders on the site.
We require you to maintain "Active Participation" in the Services. Active Participation is defined as purchasing or ordering photo merchandise, including reprints and enlargements, through the Services at least once every 365 days. Purchases through other Harrier LLC websites do not count towards Active Participation. If you cease Active Participation for any reason, Pictabulous may terminate your account (or any part thereof) and your use of the Services, and may remove and discard all information uploaded by you or otherwise made available by you within the Services.
II. Digital Image Storage
Pictabulous does not offer storage of online photos to customers who maintain Active Participation. Your photos are discarded upon successful completion of your order.
III. User Conduct
Pictabulous is committed to ensuring that its Services remain a fun and safe place to Process photographs. To that end, the Services allow customers to be creative with their Content. Users of the Services, whether they have created an account or not, may not use the Services to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
- Advocates illegal activity;
- Violates any law or regulation;
- Harms anyone, including minors; or,
- Provides a link to any of the above.
- Any Content submitted to the Services may be subject to examination from time to time. Although Pictabulous does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Pictabulous may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Services is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
Pictabulous in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.
IV. Third Party Software
As a convenience to customers, Pictabulous may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party provider. The agreement to use such software will be solely between you and the third-party provider. Pictabulous makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
V. Links to Other Sites
The Services may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.
VI. Privacy Notice
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.
VII. Copyright & Trademark Ownership
The Services contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Pictabulous Content"). The Pictabulous Content is subject to copyrights owned by Harrier LLC.
The names, trademarks, service marks, and logos of Pictabulous belong exclusively to Harrier LLC and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Pictabulous or any third-party.
VIII. Your Intellectual Property Rights & License Grant
Ownership. You will retain ownership of your Content and any rights granted to Pictabulous herein are granted as a license. Note, however, that while you retain ownership of your Content, any material, tools, features, template, effect or layout provided to you by Pictabulous that you use to arrange or organize such Content are not proprietary to you, and the rights to such template or layout will remain with Harrier LLC and/or any Harrier third-parties.
Content License. In order for Pictabulous to provide our services to you, as a condition to account creation you hereby grant to Pictabulous and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Services to you, (b) showing you how your Content would appear in a product or service offered by Pictabulous or one of its agents or (c) improving the Services (e.g., customer support, technical support and/or vendor fulfillment).
Warranty. As a condition to account creation, you represent and warrant to Pictabulous that you either own your Content or have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other property right of any third-party.
Personal Rights. 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 Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. 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 parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Pictabulous. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Pictabulous has a process in place to respond to your concerns. Please contact Customer Service.
IX. Limited Warranty
SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, PICTABULOUS WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, Pictabulous'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PICTABULOUS TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, HARRIER LLC AND PICTABULOUS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Pictabulous MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS. PICTABULOUS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICES OR THAT ARE ADVERTISED ON THE SERVICES, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, UNLESS SUCH DAMAGE IS IMPUTABLE TO US.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
X. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, Pictabulous WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF Pictabulous HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Pictabulous, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Pictabulous assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH Pictabulous IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY Pictabulous. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.
XI. Order and Shipping Information
To place an order, you may click “Add to Basket” on the product page. You select the photo(s) you want for the product. You will be able to specify the size of the product. Once you are in your shopping cart, you will be able to review/edit your products, and/or remove your products before placing your order.
Your order constitutes an obligation to pay, subject to acceptance by Pictabulous at our sole discretion. Your order is accepted by us when we dispatch the goods to you. An order confirmation does not signify an acceptance of your order, but is merely to confirm receipt of your order. We will send you a dispatch confirmation. Pictabulous reserves the right to cancel any order prior to delivery at our discretion, whether or not you have already been charged, in the event of any material errors in connection with your order or the price or other conditions published on the Services relevant to your order, or if any further verification of your credit conditions or records so warrants. If you have already been charged and your order is cancelled pursuant to this section, Pictabulous will refund you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at the latest within thirty (30) days from the order’s acceptance by Pictabulous.
All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. Where applicable, all prices are inclusive of value added tax (VAT) or goods and services tax (GST), at the appropriate rate. Pictabulous reserves the right to change the prices published on the Services at any time, however, orders already submitted to us shall not be affected by such changes.
Please note that merchandise may include logos or brand elements that are owned by Pictabulous. We seek to ensure that these Pictabulous brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.
XII. No Right to Withdraw
There is no right to withdraw as all goods and services on our websites are made to your specification. However, if goods or services are faulty, the terms under Notice of Defects apply.
XIII. Notice of Defects
If you are a consumer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.pictabulous.co.uk/returns as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Pictabulous within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.
Pictabulous may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any legitimate reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Pictabulous elsewhere within the Services, (ii) conduct Pictabulous believes is harmful to other Pictabulous users or the business of Pictabulous. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
XV. Choice of Law
Except where and to the extent prohibited by law, by using the Services, you and Pictabulous agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them, other than disputes related to or involving Pictabulous’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to: Harrier LLC Ltd, York Labs, Brunel Road, Newton Abbot, TQ12 4UH
Both you and Pictabulous agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the San Francisco, California area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable, with the exception of disputes related to or involving Pictabulous’s intellectual property.
XVI. Modification of Terms
Pictabulous may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. You will be notified of any amendments or modifications made by Pictabulous to these Terms and given an opportunity to accept the new Terms.
XVII. Entire Agreement
These Terms constitute the entire agreement between you and Pictabulous governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Pictabulous Affiliate services, third-party Content, or third-party software.
The failure of Pictabulous to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
XVIII. Contact Us
If you have any questions or concerns regarding the Services or these Terms, please contact Customer Support or mail us at:
Harrier LLC Ltd
York Labs, Brunel Road
Newton Abbot, Devon TQ12 4UH