Terms of Service.

TERMS AND CONDITIONS

 

Acceptance of Terms

By using this Website (the “Website”) or subscribing to our Services (“Services”), you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms may be viewed at picsea.co/terms-of-service.

 

Registration and Membership

In order to start your Picsea Membership Subscription (hereinafter “Membership” “Subscription”), you must select a plan on our Website, provide a few details to plan for your first session, and submit any payment. 

  • Advance Payment: All sessions must be paid for in advance prior to scheduling at the rates indicated on Picsea’s website at the time of booking, including any vouchers. Upon booking, Picsea shall contact you to schedule the session(s). 
  • Book Your Session: Sessions are available for booking Monday through Saturday, generally in the mornings, and subject to Picsea’s availability.
  • Information Privacy: All information that you provide to Picsea, including your credit card information, is subject to Picsea's Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website.
  • E-mails: As a registered user of Picsea, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

 

Services

Upon subscribing, Picsea shall provide photography services for you (the “Services”), including: 

  • Photo Sessions: A Picsea photographer will visit you for one or more photography Sessions (hereinafter referred to as “Session” or “Sessions”). Such Sessions will take place at your home or a reasonable location in Los Angeles County agreed to by Picsea. The Sessions will generally last for approximately one hour. 
  • Photo Delivery: After each Session, Picsea will deliver to you downloadable high resolution photographs from the Session within a reasonable period of time (hereinafter the “Deliverables”). In addition Picsea will mail 10 physical photo prints to your California address on file with Picsea when you sign up for individual sessions. No returns are accepted.
  • Photo Albums: If you book three or more Sessions within a 12 month period, then Picsea will provide you a physical photo album with select photographs from the Deliverables. Additional books are available for purchase. No returns are accepted.
     

Picsea’s Creative Discretion: Picsea shall have sole and complete creative discretion in it’s photography, angles, subjects, photo selections for delivery and albums, album design, and all other creative component’s of Picsea’s Services. Client accepts all of Picsea’s creative decisions. 

 

Session Rescheduling, Cancellation, Fees, and Refunds: If for any reason you cancel a Session, you shall be entitled to a credit as follows: 

  • If cancelled more than 24 hours in advance Picsea shall provide you a full credit of monies paid for the Session to be applied to a future Picsea purchase; 
  • If cancelled less than 24 hours prior to your Session a $100 fee will be assessed to your account and debited from any amounts already paid. Any remaining deposits may be credited for a future Picsea purchase. 
  • If cancelled less than 6 hours prior to your Session, the full cost of the Session shall assessed to your account and debited from any amounts already paid and shall not be subject to a refund. 

All Cancellations must be made in writing or via email. Credit must be applied within one year of the original Session date, provided Picsea is available for such rescheduling. No cash refunds shall be granted unless Picsea is unable to accommodate your request to reschedule. 

 

Sick Babies

If your baby is sick, please contact Picsea as soon as possible prior to the Session to reschedule, subject to the cancellation and rescheduling terms outlined above. Please do not expose Picsea photographers to a sick baby. If your baby is sick, the Picsea photographer may leave the Session and no refunds or credits shall be granted. 

 

Subscription Plan Cancellations

We work hard to make your membership satisfying; however, you may cancel your ongoing subscription plan anytime through the account page on the Website. You must update your account on the Website by the first day of the month following the end of your then-current subscription period.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL ALL SESSIONS IN YOUR PLAN ARE COMPLETE OR UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED PAYMENT, YOUR SUBSCRIPTION WILL AUTOMATICALLY BE BILLED FOR THE NEXT SESSION IN YOUR PLAN, IF ANY. 

All cancellation requests received after a payment has been processed will cancel all future scheduled payments, but shall not cancel payments already received. See Session canceling above for details regarding refunds for payments for Sessions. 

We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.

 

Billing and Payments

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping, Return and Exchange Policy for an updated list). You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. 

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to update your payment method information or cancel your membership should you wish to discontinue your monthly purchases. 

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Picsea the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Picsea will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is attached as a link at https://www.chargebee.com/terms.html. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

 

Liability 

If Picsea or it’s agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if it cannot provide another competent professional agreed upon by both parties, all money received by Picsea, minus expenses, will be returned to you, and Picsea shall have no further liability with respect to this agreement. 

This limitation of liability also applies to any loss/ damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be prorated

based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by You under this Agreement during the time preceding the date on which such liability arises.

 

Photo Delivery

Upon receipt of photo delivery, either by digital or physical delivery, You accepts all responsibility for archiving and protecting the photographs. Picsea does not permanently archive image files. Picsea is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read flash drives provided. It is Your responsibility to make sure that digital files are copied to new media as required. All photos delivered electronically will be available for download by You. You will download images within a reasonable amount of time to prevent data loss.

 

Responsibilities

Unless agreed upon in advance, Picsea shall be the exclusive photographer retained for the event. Picsea may bring assistants at it’s discretion. No cell phone or other photography is permitted during the session.

Picsea is not responsible for existing backgrounds or lighting conditions that may negatively impact or restrict the photography coverage.
Pieces is not responsible if the quality or quantity of shots is limited by your babies behavior, including fussiness, hunger, sickness, teething, or other other common baby issues. We are here to capture real candid shots. 

Parents and siblings are welcome at the shoot, but the photography

 

Harassment

You are responsible for ensuring the appropriate behavior of all individuals and other persons present at the photography session. In the event Picsea or an employee or contractor of Picsea experiences any inappropriate, threatening, hostile or offensive behavior from any person at the Session or other event (including, but not limited to, sexual advances and verbal or physical conduct of a sexual or aggressive nature) then such Picsea representative reserves the right to cancel the session and leave the premises immediately. In such an event, You shall not be entitled to a refund or credit for any monies paid for the Session and Picsea reserves the right to cancel any future Sessions scheduled without refund. 

 

Model Release

This contract serves as a model release giving Picsea the right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Picsea can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Picsea. You waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the You, their legal representatives, heirs, and assigns.

 

Accommodations

Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by Picsea to be substandard or duplicated may be deleted. Picsea will use its professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to You.

 

Image Processing/Printing

Unless agreed upon prior to any editing work, high-resolution images and/or proof sets may contain a mixture of color, black and white, and selective color images. Blemish retouching is to only affect elements that are reasonable and temporary. Temporary is defined as items that occur on the Session day only, such as acne and cuts. Limited color correction and/or retouching are included at Picsea's discretion. Picsea is not responsible for any prints that are ordered through other printers. For best results, yous with the high-resolution files should order their prints through a reputable lab. You are free to print images wherever preferred. 

 

Copyright

All photographs taken by Picsea are the property of Picsea and will remain its property and are protected by United States Copyright Laws (USC Title 17). You are permitted to post photos to personal social media sites. Picsea, the copyright owner of the photos, have given permission and license to You to submit for processing or reproducing these photos. Picsea hereby grants a non-exclusive license to You to reproduce the photos for personal use only, and represents that Picsea's have a legal right to grant such a license.

 

Shipping and Risk of Lost

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Picsea within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

 

Returns and Exchanges

If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at happy@Picsea.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page (“Shipping, Return and Exchange Policy”), if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Picsea.com.

Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the Picsea Shipping, Return and Exchange Policy.

 

Local Taxes

You may be charged local sales tax or VAT, if applicable.

 

International Access

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

 

Limitation of Liability

IN NO EVENT SHALL PICSEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You AGREE Picsea'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PICSEA IN THE THEN-PRIOR CALENDAR MONTH.

 

Indemnification

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Picsea from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

 

Website Use

Picsea maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

 

Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

 

Website Usage
You agree to permit Picsea to monitor your usage of the site, including real-time browsing activity. 

 

Content Submitted by Users

Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Picsea. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Picsea, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.

Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Picsea, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

 

Prohibited Content

By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:

  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Picsea.
  • Use a name or language that Picsea, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another's copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.

 

Submitted Content

Picsea does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Picsea a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Picsea the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Picsea will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

 

Minors

Picsea services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

 

Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is the property of Picsea and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

 

We do not claim ownership of Content submitted by users without compensation by Picsea and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

 

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this Website is: Framework Law Group PC, hello@frameworklaw.com, 1275 E. 6th Street Suite 8A, Los Angeles CA 90021

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

 

Security

When you register to participate in Picsea services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

 

Disclaimer of Warranty

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN PICSEA’S DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PICSEA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO You.

 

Links to Third-Party Websites

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Picsea, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

 

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Picsea of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Picsea does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

 

Jurisdictional Issues

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

 

Termination

We may terminate any user's monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

 

Enforcement

THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. ANY DISPUTES ARISING UNDER THIS AGREEMENT MUST BE SUBMITTED TO BINDING ARBITRATION THROUGH JAMS TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA UNLESS THE MATTER CAN BE RESOLVED IN SMALL CLAIMS COURT, IN WHICH CASE THE MATTER SHALL BE SUBMITTED TO SMALL CLAIMS COURT IN LOS ANGELES COUNTY, CALIFORNIA. ALL FEES SHALL BE BORNE EQUALLY BY THE PARTIES DURING THE ARBITRATION, HOWEVER UPON A JUDGMENT BEING REACHED, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND ARBITRATION COSTS. 

You agree that: (a) the Website shall be deemed solely based in California; and (b) the EveryHeart Website shall be deemed a passive website that does not give rise to personal jurisdiction over EveryHeart, either specific or general, in jurisdictions other than California.

 

Severability

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Picsea. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Picsea.

 

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

 

For Additional Information or if you have any questions about these Terms and Conditions, please contact hello@picsea.co

Copyright © 2017, Picsea LLC. All Rights Reserved.