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Terms of Service

Terms of Service

Before you begin, please review our Privacy Policy, as we will require certain personal information such as your name, email address, billing and delivery information, where we will safeguard and use this information as noted. By using our service (“Service”) you are deemed to have read and accepted these terms and conditions set forth, thus forms a binding legal agreement between you and 7705425 Canada Corp operating as MyPictureBook (herein referred to as “MyPictureBook”, “we”, “us” and “our”, and their affiliates) pursuant to which you agree to comply with the Terms of Service, and use this website only in a manner consistent with this Terms of Service. If you do not agree with any part of this Terms of Service, please do not access this website.

There is no requirement to create an account with us before using our service. To begin creating the MyPictureBook range of products, you need to download the FREE MyPictureBook Designer software (“Software”) and follow the simple instructions for the related Photo products.

1.Legal Age Requirement

There is no legal minimum age requirement to browse this website. However, anyone below the age of 18 should obtain parental consent in using our services, and for the submission of credit card information when placing an order. We strongly recommend that parents and guardians supervise their children’s use of the Website.

2.Software License, Copyright & Ownership of Content

All Software material, information and content offered by MyPictureBook are protected by copyright and other applicable laws.  You agree that you will not reproduce, modify, decompile, disassemble or derive the source code for the Software, publish any performance or benchmark test or analyses relating to the Software or the use thereof. You are allowed to use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials. You may not distribute or copy such material without the written permission of the copyright owner.

By downloading the Software, you understand that while we take serious measures in preventing any security issues, we do not guarantee the Software will be free of viruses, errors or any contaminating or destructive codes, such as worms or Trojan horses.

3.Third Party Links

We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility to read and understand each site’s privacy and other policies and terms and conditions of their service. If you have any questions or concerns regarding these third-party sites, please contact their site’s web master or site administrator.

 

4.About your content

You may upload your photo book design to MyPictureBook through MyPicturebook Designer or by providing us with a PDF that meets the specifications required by us. Context of design includes without limitation, photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Service.

Under these Terms of Service, you warrant that you will not use any of the services for any fraudulent or illegal purpose, and you may NOT place any of the following material using the Service:

1.Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights;

2.Any material that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, or otherwise inappropriate and harmful to children in any way, or could give rise to any civil or criminal liability under applicable law;

3.Any material that contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.

4.Any material that is offensive or promote racism, bigotry or hatred against any group or individual

While MyPictureBook does not and cannot review all submissions, and is not responsible for their content, MyPictureBook reserves the right to move, refuse to print and delete submissions that, in its sole discretion, is believed to be as described in paragraphs (1) through (4) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Services. In addition, you undertake that you will be liable for any action taken against MyPictureBook in relation to such activities and will fully indemnify MyPictureBook against all actions, claims, demands or costs which may arise as a result.

We do not store your order information such as delivery, payment and billing data. We do not store uploaded files for longer than 3 months. Therefore we recommend that before submitting files to us, you retain a copy for yourself to use for future re-ordering, or in the unlikely event of your digital images being corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. MyPictureBook has no ownership in any of your book content.

5.Order Policy

Your receipt of an electronic order or other form of order confirmation does not signify MyPictureBook acceptance of your order, nor does it constitutes confirmation of our offer to sell. MyPictureBook reserves the right at any time after receipt of your order to accept or decline your order for any reason. MyPictureBook also reserves 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 MyPictureBook upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.

 

 

 

6.Fee and Payment Terms

All prices are in their respective local currencies and payment must accompany each order. There is no charge for browsing or accessing the Site. Prices, products and services offered are subject to change without prior notice from time to time in its discretion upon posting by MyPictureBook on the website. Please refer to our Products Price List for a complete listing.

You hereby agree to pay all fees and charges incurred in connection with your orders which include without limitation taxes, duty imports, value-added taxes and customs clearance (if any).  Payment terms will be via online credit card transactions, or unless otherwise stated. We reserve the right to refer to your credit card provider. MyPictureBook will not be held liable for any losses you may suffer as a result of unauthorized use of your credit card by any other party. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system.

Failure to submit a valid payment may result in refusal to process the requested service(s). In the case that an order with a paid deposit is processed, we will hold the order for 60 days, or unless otherwise stated. During this period and until the balance amount is paid in full, MyPictureBook may send a notice to the customer’s email address to inform of their balance due. If the balance due is not paid within the said period, MyPictureBook may exercise its right to charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

In cases of disputes, you must alert us by writing to our customer service within 7 days after receiving your credit card statement, if you dispute any of our charges on that statement. If MyPictureBook does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by MyPictureBook.

7. Delivery of Products

All products or prints will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms of Service, and entirely at the discretion of MyPictureBook.

8.  Force Majeure

A party will not be liable for non-performance r delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature or any “act of God”.

9. Satisfaction Guarantee & Return Policy

MyPictureBook is proud of the outstanding quality and craftsmanship of our products, and provides 100% Satisfaction Guarantee* against any manufacturing defects.  We allow for a +/- 3mm tolerance due to shifts during different stages of production. Refunds and cancellation of order is generally not provided except for cases of process or product malfunction (i.e., workmanship defect, book arrives damaged, product do not match ordered items)

MyPictureBook reserves the right at any time to substitute/change brand as well as material used in production of your book without prior notice. In cases of material shortage, we will substitute by using the next best alternative material of the closest quality and specification.

IMPORTANT: We do NOT accept any amendments or changes to be made to the file ONCE the file is uploaded. Therefore, it is customer’s responsibility to check the proofs thoroughly before uploading their book for process.

MyPictureBook is not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammar errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your books carefully before placing your order. Images and text will be printed as they appear in the Preview. We do not proofread for, or correct, any such customer generated mistakes.

To file a complaint, kindly contact our customer service by writing to us together with picture of problem/areas of dissatisfaction. We will assess the condition of the item(s), and at our sole discretion to either repair or replace the product(s) that does not meet the warranty or condition. All defective products must be returned to us within 14 days of receipt upon request.

10. Acceptance of Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. MyPictureBook reserves the right, at our sole discretion, to update or make modifications to this Terms of Service from time to time. The date of modification will be reflected at the top right on this page. If you have a question regarding our Terms of Service, please contact us through our Customer Support and Feedback page.

11.  Copyright Information

Copyright © 2011. All Rights Reserved. The logos and trademarks displayed on the Website are the sole property of MyPictureBook. Usage of these marks is strictly prohibited.

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