Piktonik.com Terms and Conditions of Use.

Date of Last Revision: March 30, 2010.

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING, REGISTERING FOR OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

This Site is owned and operated by PIKTONIK Software Services ("PIKTONIK"). These Terms of Use apply to your access to, and use of, the Site, your use of digital photography hosting services and other services provided on or through this Site (the "Services"), and to your purchase of any photographic prints or other products ("Products") from PIKTONIK. Your use of the Site and the Services and your purchase of Products are expressly conditioned upon your agreement to these Terms of Use.

PIKTONIK reserves the right to change any provision of these Terms of Use, and any other terms, policy or guideline governing your use of the Site, at any time on its sole discretion. Such changes will be effective immediately upon posting such revisions on the Site, and you waive any right you may have to receive specific notice of such changes. Your continued use of this Site or the Services or the purchase of any Products following the posting of such changes will confirm your acceptance thereof. You should frequently review these Terms of Use and any other applicable policies or guidelines on the Site.

A. GENERAL TERMS

1. Privacy

Please refer to the Site's Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. You understand and agree that we store and process your personal information on computers located in India or in the United States.

2. Hosting Service Terms

PIKTONIK's online media hosting and related services (the "Hosting Services") provide you a place to store your photographs or videos as well as allowing your end customers ("End Consumers"), in turn, to upload and store their photographs (collectively, "Photos"). By subscribing to or using any Hosting Services, you agree to be bound by and accept the additional terms and conditions set forth in Section B below (the "Hosting Service Terms"), which are a part of these Terms of Use. You also agree to make your services to Your End Consumers contingent on their entering into a similar Terms of Use Agreement with you so that the End Consumers are also bound by similar terms of use. Such an End Consumer Terms of Agreement template will be made available to you by PIKTONIK.

3. Sales Terms

Please refer to our Terms of Sale as set forth in Section C below for the additional terms, conditions and policies applicable to your purchase of Products through the Site. By ordering Products through the Site, you agree to be bound by and accept the Terms of Sale, which are a part of these Terms of Use.

4. Copyright And Limited License

The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of PIKTONIK or its licensors or users and are protected by United States, India and international copyright laws.
PIKTONIK grants you a limited, non-sub licensable, revocable license to access and use the Site solely in accordance with, and subject to, the terms set forth in these Terms of Use and any other applicable terms or agreements you may enter into with PIKTONIK. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:

a. the collection, copying or distribution of any portion of the Site or the Site Materials;
b. modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
c. scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
d. any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
e. with the exception of your own photos, your customers' photos or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
f. any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of PIKTONIK or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.

5. Repeat Infringer Policy

In accordance with the applicable law, PIKTONIK has adopted a policy of terminating, in appropriate circumstances and at PIKTONIK's sole discretion, account holders who are deemed to be repeat copyright infringers. PIKTONIK may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. This policy extends not only to you as PIKTONIK's direct customer but also to Your End Consumers.

6. Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, please contact us and provide us with the following information:

1.Signature of the owner of, or the person authorized to act on behalf of the owner of, the copyright or other intellectual property interest.
2.A detailed description of the copyrighted material and its location.
3.The URL of the copyright or other material in question.
4.Your current contact information, including address, telephone number, and email address.
5.A signed statement form You stating that it is Your belief in good faith that Your copyright have been infringed.
6.A signed statement from You that all information provided by You is accurate and that You are either the copyright owner or are authorized to act on his/her behalf. This statement shall be under penalty of perjury.

PIKTONIK may, under some circumstance and in its sole discretion, censor the content in question or terminate the account of a repeat offender.

Please send this information to PIKTONIK at the following email address: copyrights@piktonik.com.

7. Trademarks

"PIKTONIK", the PIKTONIK logo, PIKTONIK, the PIKTONIK logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of PIKTONIK contained in the Site are trademarks of PIKTONIK (collectively, the "PIKTONIK Marks") and may not be copied, imitated or used without the prior written permission of PIKTONIK. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

8. Third Party Content

PIKTONIK makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. PIKTONIK provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. PIKTONIK may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by PIKTONIK of any Third Party Content. PIKTONIK makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk. 9. Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray PIKTONIK or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by PIKTONIK at any time. Further, you may not frame the Site without PIKTONIK's express written consent.

10. Advertisements And Promotions; Third Party Products and Services;

You (on Your own sites) or PIKTONIK (on Your sites or on public areas of the main Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and PIKTONIK does not endorse, approve, or control any such products, services, advertising or promotions. PIKTONIK is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.

11. User Content

The Site includes media hosting and storage services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, text, music, messages, information or other content or materials ("User Content"). You are solely responsible for the User Content you post or transmit and you agree not to Upload, post, email or otherwise transmit through the Site any of the following:

a. User Content that is unlawful (specifically with regard to United States law or Indian law), defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public place where minors visit;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content you do not have a right to transmit under any law or under contractual or fiduciary relationships, (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, personal identifying information like social security number and credit card numbers;
g. Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
h. Content that exhibits expressions of abuse, offensive language and/or imagery, obscenity or pornography, including but not limited to: child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under any applicable law, or violating any laws or regulations of any governing body having jurisdiction over PIKTONIK, its affiliates or customers
i. User Content that, in the sole judgment of PIKTONIK, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose PIKTONIK or its users to any harm or liability of any nature.

Although we prohibit certain activities in these Terms of Use, PIKTONIK does not control and takes no responsibility or liability for any User Content or for any loss or damage thereto, or for the nature of the User Content you may encounter. Your use of the Site is at your own risk.
Although PIKTONIK has no obligation to screen, edit or monitor any of the User Content posted on the Site, PIKTONIK reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Your End Consumers are solely responsible for creating backup copies of and replacing any User Content they post or store on the Site at their sole cost and expense.

You retain the copyright in any User Content you post on the Site. PIKTONIK neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant PIKTONIK a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.

You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted or private, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. PIKTONIK will not be responsible or liable for any third party access to or use of the User Content you post.

You represent and warrant that (a) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

12. Your Account.

Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. PIKTONIK reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as PIKTONIK may send important notices about your account or the Services to that email account.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect PIKTONIK's systems and customers, or to ensure the integrity and operation of PIKTONIK's business and systems, PIKTONIK may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that PIKTONIK's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of PIKTONIK. For information regarding other ways that PIKTONIK may use or disclose your Registration Data, please see the PIKTONIK Privacy Policy.

13. Account Security

You will be responsible for all content on Your site under Your Account, and all activities that occur while using Your password or all activities carried out by your customers using their respective passwords. You should keep your password confidential to avoid unlawful use of your account, and notify us immediately of any unauthorized activity on your account. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify PIKTONIK of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to PIKTONIK.

14. DISCLAIMER OF WARRANTIES

THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIKTONIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.
PIKTONIK DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM PIKTONIK OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIKTONIK IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PIKTONIK ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL PIKTONIK OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PIKTONIK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PIKTONIK'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIKTONIK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PIKTONIK FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

16. Indemnity

You specifically agree to indemnify and hold harmless PIKTONIK, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement. You further agree to indemnify and hold PIKTONIK harmless from any claims arising out of or relating to any materials that You or Your End Consumers submit or post on this Website. You specifically agree to indemnify and hold PIKTONIK harmless from any claims arising out of Your misuse of information provided to You by other Visitors or by Your End Consumers. The indemnity provisions contained in this section include but are not limited to reasonable attorney's fees and court costs.

17. Applicable Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

18. Severability

If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.



B. ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES ("HOSTING SERVICE TERMS")

You may use the Hosting Services only in accordance with these Hosting Service Terms (and the Terms of Use of which they are a part). In the event of any conflict between these Hosting Service Terms and the other provisions of the Terms of Use, these Hosting Service Terms will control.

1. Subscriptions

The Hosting Services will only be available to users (a) who register for a free trial (when available) or for a subscription to the Hosting Services ("Subscription") and (b) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan"). PIKTONIK currently accepts VISA and MasterCard credit cards. The various Subscription Plans PIKTONIK offers and the services, features and Subscription Fees applicable to such Subscription are available on the Site (see http://www.PIKTONIK.com/plans). By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section B.4 below.
When you first register with PIKTONIK, PIKTONIK enables you to use the Hosting Services without charge for a 30 day period (a "Free Trial"). You do not need to provide PIKTONIK with a credit card or any other form of payment when you first register. If you are not completely satisfied, your account will automatically terminate at the end of the Free Trial. If, at the end of the Free Trial period, you decide to continue to use the PIKTONIK Hosting Services, then you will need to provide PIKTONIK with a credit card, and we will charge your credit card for the Subscription Fee applicable to the Subscription Plan selected by you. Your Subscription period will begin at the end of the Free Trial period. You can also opt to pay by Check or Cash.
The Hosting Services are intended to be used by PIKTONIK account holders for limited distribution of photos. The Hosting Services are not intended for broad commercial use by commercial sites and services (e.g., news.yahoo.com or other similar news or broadcasting sites), and PIKTONIK, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Hosting Services if PIKTONIK determines your use of the Hosting Services is a misuse of the Hosting Services.

2. Term and Upgrades

All Subscriptions are provided for a one (1) month term, WHICH TERM WILL AUTOMATICALLY RENEW EACH MONTH FOR AN ADDITIONAL ONE (1) MONTH TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELLED BY YOU OR PIKTONIK PRIOR TO THE END OF SUCH ANNUAL TERM IN ACCORDANCE WITH SECTION B.4 BELOW. Upon such renewal, the credit card designated on your account will be billed the applicable Subscription Fee then in effect at the time of renewal. If you notify PIKTONIK (by sending an email message to upgrades@PIKTONIK.com) that you wish to upgrade to a higher subscription level, then the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term. If your payment method is Check or Cash, PIKTONIK should receive your payment by 25th day of the service month – If the 25th day is a non-business day, the payment will be due on next earliest business day.

3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.

PIKTONIK reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by PIKTONIK, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. PIKTONIK WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.

4. Termination of Services.

You may request termination of a Subscription at any time by canceling your account in your Control Panel, settings tab, or by sending an email to cancel@PIKTONIK.com that provides clear written notice of such request, including the "nickname" you provided to PIKTONIK at the time you ordered your Subscription. When PIKTONIK receives your termination request, PIKTONIK will terminate your Subscription if it has the necessary information to do so. PIKTONIK will notify you of termination via email. PIKTONIK may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from PIKTONIK.
Additionally, PIKTONIK may terminate a Subscription, or any user's access to and use of the Site or the Hosting Services, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Terms of Service), PIKTONIK in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that PIKTONIK deems appropriate to enforce its rights and pursue available remedies.
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any User Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such User Content on a regular basis and before terminating your account. You should also notify your End Consumers that before terminating your subscription as all the End Consumer accounts under your subscription will be inactivated at the same time and any User Content End Consumers may have stored on the Site may no longer be retrieved, so End Consumers should make a backup copy of any such User Content on a regular basis and before you terminate your account.
If PIKTONIK does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and PIKTONIK cannot reach you due to an invalid email address or for any other reason, then PIKTONIK will (subject to Section B.4) endeavor to retain your User Content on the Site for at least 30 days after termination. However, PIKTONIK cannot guarantee that your User Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such User Content on a regular basis.

5. Use of User Information.

In the event that you at any time obtain access to any PIKTONIK user information, whether directly from PIKTONIK or otherwise, including user names and emails (collectively the "User Information"), you agree that you may not use any such User Information in any manner except as may be specifically authorized by PIKTONIK to carry out the purpose for which such User Information was provided. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. Further, you agree not to use such User Information in any manner that would be in violation of PIKTONIK’s Privacy Policy. In no event will PIKTONIK be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your Subscription.



C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale shall form a part of the Terms of Use applicable to your purchases or your End Consumers' purchases of any reprints of any Photos or other Products from the Site. Other than as specifically provided in any separate written agreement between you and PIKTONIK, the Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.

1. Pricing; Payment Terms

All prices are listed in the currency relevant to your country of business (US Dollars for Billing Addresses in US and INR for Billing Addresses in India) and are valid until altered by us. PIKTONIK currently accepts VISA and MasterCard credit cards. PIKTONIK reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse PIKTONIK for any and all costs incurred in collecting amounts owed by you to PIKTONIK, including, without limitation, attorneys' fees and costs of collection agencies.

2. Shipping Terms and Policies

We endeavor to ship all orders for prints within 1-2 business days. However, orders for merchandise Products, or orders that contain a mixture of finishes and products, may take longer to ship, depending on the items. The estimated delivery time applicable to various methods of shipping are available on the Site at the time you place your order. PIKTONIK is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time for US operations and Monday through Friday 8 a.m. to 5 p.m. Indian Standard Time for India operations. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Please see our Shipping Charges. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. However, the shipping charge shown during the checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from PIKTONIK to you upon shipment. If for some reason an item in your order is temporarily out of stock, we may hold your order until it is complete.

3. Product Availability and Pricing

PIKTONIK may revise or discontinue Products at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.

4. Product Descriptions; Pricing; Errors

PIKTONIK attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that Product descriptions, Photos, pricing or other Material on the Site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a Product offered by PIKTONIK is not as described or pictured, your sole remedy is to return it in unused condition for a refund within ten (10) days of receipt. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

5. Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN ten (10) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND PIKTONIK'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS FROM THE SITE, AND PIKTONIK EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.