Welcome to PortraitPress's Terms of Service! These Terms of Service ("Terms") govern your access to and use of the services, tools, platforms, and products (collectively, "Services") provided by PortraitPress, a division of Candid Color Systems. This includes our website at www.portraitpress.com and any associated mobile and web applications. It is crucial that you read and understand this Agreement as it outlines your legal rights and responsibilities, including but not limited to service details, limitations on liability, and the process for dispute resolution including arbitration and waiver of class actions. By accessing or using the Services, you agree to these Terms and our Privacy Policy, forming the "Agreement." If you are accessing the Services on behalf of an organization, you represent that you are authorized to do so and bind the entity to this Agreement. If you disagree with any part of this Agreement, you should discontinue use of the Services. As a user of the Services ("User"), you are subject to these Terms, along with any additional terms which might apply to certain services provided by PortraitPress or Candid Color Systems, Inc. ("CCS"). We aim for transparency and fairness in our Agreement; if you have questions or feedback, please contact us.
2.1 Signing Up To engage with many of the Services provided by PortraitPress, you are required to create an account ("Account"). You must ensure that your account information remains accurate, complete, and current at all times. Accurate information is crucial as it is used to contact you and manage your account effectively. 2.2 Staying Safe It is your responsibility to secure your Account. You should safeguard all passwords and ensure that no unauthorized access occurs. You are solely accountable for any activity on your Account. Immediate notification to PortraitPress is required if you suspect any unauthorized use of your Account. 2.3 Age Requirement PortraitPress Services are not designed for children under the age of 13. You confirm that you are at least 13 years old by using the Services. If under 18, you may need parental consent to agree to these Terms, which must be managed by your parent or guardian.
3.1 Your User Content Stays Yours Any content you upload or provide through the Services remains your property. However, by uploading content, you grant PortraitPress a license to use your content as detailed below to enable the provision and enhancement of our Services. 3.2 Your License to Us By uploading user content, you grant PortraitPress a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of operating and improving our Services. This does not affect your ownership rights.
You are responsible for all content you upload and must ensure that you have the right to use and share such content. Compliance with applicable laws, including copyright and privacy laws, is required. You must also adhere to our Privacy Policy.
PortraitPress respects intellectual property rights and expects you to do the same. Our Services, including any software, designs, and content provided by PortraitPress, are protected by intellectual property laws. 5.1 Ownership and Rights All rights, titles, and interests in the Services, excluding User Content, are owned by PortraitPress or its licensors. No rights are granted to you other than as expressly set forth in this Agreement. 5.2 Feedback and Suggestions Any feedback or suggestions you provide to PortraitPress can be used without any obligation to compensate you, and this remains in effect even if this Agreement is terminated. 5.3 Templates and Designs Templates and designs provided through the Services are the property of PortraitPress and are included in the Services for your use under the terms of this Agreement. 5.4 Beta Features Products and features labeled as beta, preview, or early access are provided for testing and are not considered final products.
To manage and operate the Services effectively, PortraitPress reserves the right to make necessary adjustments to the Services, including changing, suspending, or discontinuing any aspect at any time. We also manage disputes over account ownership and reserve the right to transfer or suspend accounts involved in disputes.
By using the Services, you acknowledge and agree to our Privacy Policy, which is incorporated into this Agreement. You must comply with all applicable privacy laws when using the Services and when collecting and using personal information through your activities. 7.1 Privacy Policy Our Privacy Policy details how we handle personal information collected through the Services. By using the Services, you agree to these procedures. 7.2 Data Protection Compliance You are solely responsible for complying with all applicable data protection and privacy laws related to your use of the Services and content you collect, including securing necessary consents for processing personal information. 7.3 Improve Services We may use your data and the data of your users in anonymized or aggregated forms to protect and improve our Services. This includes analysis of usage patterns and service performance
PortraitPress respects copyright and intellectual property laws and will respond to claims of copyright infringement in accordance with our established procedures.
Some of our Services require payment. This section outlines the terms related to fees, taxes, and payments, including provisions for subscription renewals, refunds, and changes to fees. 9.1 Fees Services requiring payment are clearly described before fees are charged. You may cancel these Services at any time, but please be aware that refunds are at our discretion unless otherwise required by law. 9.2 Taxes All fees are exclusive of applicable taxes, unless stated otherwise. You are responsible for any taxes arising from your use of the Services. 9.3 Subscription Renewals To prevent interruption, subscriptions to Paid Services may automatically renew. You can cancel auto-renewal at any time. 9.4 Refunds Refunds for cancellations are at our discretion and are not guaranteed. If you believe a refund is warranted, please contact customer support. 9.5 Fee Changes We reserve the right to modify or change fees for any services at any time. Notice will be provided for any fee changes. 9.6 Chargebacks If you initiate a chargeback, we may suspend or terminate your Account. If there are billing issues, please contact us before initiating a chargeback. 9.7 Payment Processing We use secure methods to process payments and ensure that your payment information is protected. By using our Services, you agree to these payment terms.
PortraitPress is responsible for the fulfillment and delivery of products ordered through our Services. We choose the method of delivery and are not liable for delays or errors in fulfilling your order, but we will make efforts to rectify any issues.
Services provided by PortraitPress may vary by region and are subject to the terms of this Agreement and our Privacy Policy. Not all services are available in all areas.
This Agreement remains in effect until terminated by either party. You may terminate this Agreement at any time. PortraitPress may also terminate or suspend access to the Services for any reason, including your breach of these Terms.
PortraitPress provides its Services "as is" without any warranties, express or implied. We do not guarantee that the Services will meet your requirements or be available uninterrupted. 13.1 Disclaimers No warranties are provided regarding the reliability, quality, suitability, or availability of the Services, including all associated content and communications. 13.2 Exceptions Some jurisdictions do not allow disclaimers of certain warranties, so this section may not apply to you. However, our liability will be limited to the greatest extent permitted by law.
PortraitPress and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. This includes damages for loss of profits, goodwill, use, data, or other intangible losses.
You agree to indemnify and hold harmless PortraitPress, its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services, your violation of the Terms, or your violation of any rights of another.
Disputes arising under these Terms will be resolved through binding arbitration, except for cases involving injunctive relief related to confidentiality and intellectual property rights. 16.1 Applicability This section applies to all disputes under these Terms.
These Terms constitute the entire agreement between you and PortraitPress regarding the Services. Any modifications to these Terms will be communicated through our Services and are effective when posted. 17.1 Entire Agreement This document is the complete and exclusive statement of the agreement between you and PortraitPress. 17.2 Controlling Law; Judicial Forum This Agreement is governed by the laws of Oklahoma, without regard to its conflict of law provisions.