Terms and Conditions
Welcome to Picuzzi! We are committed to providing customers a fun, safe and hassle experience. We hope you’ll enjoy your visit.
Before you begin setting up your account at Picuzzi.com (herein referred to as “we”, “us,” and/or "Picuzzi.com") please read the following Terms and Conditions (“Terms”) carefully. These Terms govern your access to and use of the Picuzzi Services. Accessing or using the Picuzzi services will constitute a binding agreement between you and Picuzzi.com. Your access and use of the Services are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Services to you. Picuzzi reserves the right to alter Terms at any time without customer consent. Please refer to this site periodically for any changes. By continuing to access and/or use the Service after Picuzzi makes any such change, you agree to be bound by the revised terms.
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Service.
Pricing and Product Information
All prices are stated in U.S. dollars and are valid until altered by Picuzzi. Prices do not include shipping, delivery, or any import duties that may be added by the order destination country. Shipping costs will be added to your order during the checkout process. Picuzzi makes every effort to provide current and accurate information about products, services, and prices at all times but we do not guarantee the accuracy of information provided through the Site. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that the published price of your ordered product(s) was incorrect we will contact you to inform the correct price and to confirm your order. Any dates specified for delivery of any products are intended to be an estimate only.
You must be at least eighteen (18) years of age, or the applicable age of majority in your jurisdiction, to place an order for any Picuzzi products. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by Us) and associated payment information at the time you order products hereunder, including all of the following: your name as it appears on the card, the credit card type, the date of expiration of your credit card, billing address and any activation numbers or codes needed to charge your credit card.
Picuzzi does not accept cash, checks or any other payment form on its website although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Picuzzi invoices the credit card for all amounts due and payable. By providing Picuzzi with your credit card number and associated payment information, you agree that Picuzzi is authorized to immediately invoice your account for all fees and charges due and payable to Picuzzi as a result of your purchase of any products. You agree to immediately notify Picuzzi of any change in the credit card used for payment hereunder or in any associated information. Picuzzi reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
About your content
You may submit certain material to Picuzzi.com, including without limitation, photographic images (“Content.”), as part of your use of the Service. Under these Terms, you may not provide links to web sites or use the Service to process prohibited Content or other materials that Picuzzi believes could infringe rights of privacy, publicity, copyrights or other intellectual property rights of any third party without the permission of the owner of these rights. Customer may not submit material that is abusive, deceptive, threatening, defamatory, obscene, pornographic or otherwise inappropriate or could give rise to any civil or criminal liability under applicable law; promotes bigotry, racism, hatred illegal activities or harm against any individual or group, including minors; contains viruses, worms, corrupt files, Trojan horse or other sort of corrupted codes.
Picuzzi has the sole discretion to determine whether the Content is Prohibited Content. While Picuzzi is not responsible for, and does not review or comment on the Content provided by Picuzzi.com users we reserve the right in its discretion to (i) delete, move or edit Content that it, in its sole discretion, deems Prohibited, or (ii) take any other action that Picuzzi deems necessary relating to use or misuse of the Service, for any reason, at any time and without notice.
You hereby grant to Picuzzi non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Content for the purpose of delivering the Service and warrant that you have a right to grant such a license. In addition, you warrant that all moral rights in any Content and uploaded materials have been waived and do hereby waive any such moral rights.
Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Picuzzi will not be liable for the Content of any submission and expressly disclaims all liability relating thereto.
Picuzzi is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to use any image before the image is uploaded or printed at Picuzzi. At Picuzzi discretion and in appropriate circumstances, Picuzzi may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following email address and provide all relevant details: email@example.com
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of the Content hosted by Picuzzi must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for Picuzzi to promptly locate the work (e.g. title of work, location within the Picuzzi, etc.);
- Information reasonably sufficient to permit Picuzzi to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement requesting that Picuzzi take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Password and Account Security
When you sign up at Picuzzi.com, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at firstname.lastname@example.org.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent via email at email@example.com.
Picuzzi will provide replacements, if necessary. You must send us an email with a photo of the damage on the product along with a brief description, within 30 days of receipt. Please contact us via email at firstname.lastname@example.org and a Customer Support Representative will be in contact with you.
We make third-party software available to you from time to time. To access such third-party software, you must first agree to the terms and conditions governing use of such software as set forth by said third-party. Picuzzi is not a party to any such arrangement between you and a third-party software provider and disclaims any liability, and provides no warranties relating to such software. This means that we do not guarantee that any third-party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.
Canceling the Service
If you would like to delete your Picuzzi.com account, you need to send an email from the email address used to create your Picuzzi.com account requesting that we delete your account from our Services. Once you have cancelled your account, all images and content uploaded to your Picuzzi.com account will be deleted and will no longer be available. Please send your request to email@example.com.
Picuzzi, as its sole discretion, can terminate or cancel your account or use of the Service, and remove and discard any Content and your account at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms, The Prepaid Terms and Conditions or other policies or guidelines set forth by Picuzzi elsewhere on the sites hosted by Picuzzi; (ii) conduct Picuzzi believes is harmful to other Picuzzi.com users, the business of Picuzzi, or Picuzzi affiliates, (iv) any redemption of, or attempt to redeem, fraudulently obtained gift certificates. Picuzzi will not be liable to you or any third party for any termination of your access to the Service as outlined in these Terms. Customers may update their email address online.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, breach of any warranty under this agreement or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
Limitation of Liability
For purposes of this section, "Picuzi" shall include Picuzzi LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PICUZZI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF PICUZZI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS OR USE OF, PICUZZI.COM SITE OR SERVICES, FROM ANY CHANGES OF THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT PICUZZI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. FURTHERMORE, PICUZZI HAS NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THOUGH THE SERVICE. YOU AGREE THAT THE AGREGATE LIABILITY OF PICUZZI TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that the terms of this agreement are severable. If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
This agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any written instrument submitted by you, whether formally rejected by Picuzzi or not. The acceptance of any purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Picuzzi. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The failure of Picuzzi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Maryland without regard to its conflict of law provisions.
Arbitration & Jurisdiction.
You and PICUZZI, LLC. agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services, or your use of the Software or Services shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA" ) and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules" ). The arbitration shall take place in the State of Maryland. To the fullest extent permitted by law: no arbitration under this License Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of Picuzzi; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Picuzzi); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Picuzzi). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA’s Consumer Rules with the remainder paid by Picuzzi. If such costs are determined to be excessive, Picuzzi will pay all arbitration fees and arbitrator compensation. You and Picuzzi may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and Picuzzi hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Maryland to enforce the provisions of this Section 25 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement, the Software or Services or your use of the Software or Services. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Software or Services or your use of the Software or Services shall be governed by the laws of the State of Maryland and the Federal Arbitration Act.
Acceptance of Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
Questions or Comments
If you have any questions or comments regarding these Terms and Conditions please contact Picuzzi Customer Support at firstname.lastname@example.org.
Effective Date: December 2012