By using this website and purchasing products you are transacting with Pic Presents which is part of of VirtuaVA Ltd on the following Terms & Conditions.
1. Terms & Conditions
1.1 These terms and conditions ("Terms") govern the online video production service ("Services") and the delivery of associated products, all as described on www.picpresents.com. Please read these terms and conditions carefully before ordering the Service from this website.
1.2 By ordering the Services, you agree to be bound by these Terms.
1.3 Please select the tick box marked on our online order form if you accept these Terms. Please understand that if you refuse to accept these Terms, you will not be able to order the Services from this website.
1.4 We may change these Terms without notice or reference to you and changes to the Terms become effective immediately they appear on this website. If you use the Services again after these Terms have been amended, you are deemed to have accepted the amended Terms, which are accordingly incorporated within the contract made between yourself and us. We therefore recommend that you read these Terms each time you order the Services.
1.5 We may terminate our contract with you if you materially breach any of these Terms, and in the event we do so, we reserve the right to take any action against you or seek any remedy available to us, in respect of your breach.
1.6 No other terms and conditions apply in respect of our provision of the Services to you. However, this does not affect your statutory rights as a consumer.
2. Information About Us:
2.1 The Service is provided by us, Pic Presents, which is part of VirtuaVA Ltd. For more information, please contact us: email@example.com.
3. The Service:
3.1 Our service enables you to send us your video clips or photographs which we then store digitally in order to make a video for you. This video will be given to you via an online link or we will send you a dvd of your video to an address that you have provided.
3.2 We reserve the right to make changes or corrections, alter, suspend or discontinue any part of the Services, or their description as appears on this website, or the basis on which you may use the Services.
3.3 Unless we expressly state to the contrary, any new features or enhancements of the Services or offer of availability or provision of other services or resources, shall be subject to these Terms.
4. Placing an Order for the purchase of Pic Presents Video Products
4.1 Details of our prices, and the procedures for payment are displayed on our website: www.picpresents.com. These prices are subject to amendment from time to time.
4.2 By placing an order for our Services ("Order"), you are making an offer to buy the Video Products that you specify in the Order. If we accept your Order, we will confirm acceptance to you by email ("Confirmation") to the email address you have given us on transmitting the Order.
4.3 We may decline to accept your Order for any reason whatsoever. We may otherwise cancel any Order or any part of it. Other than as set out in these terms, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for cancelling your Order.
4.4 If we cancel your Order or any part of it, we will notify you by e-mail and refund any monies already paid by you in accordance with our refund policy set out below.
5. Price and Payment
5.1 You must pay in full by credit or debit card or by Paypal in advance when you submit your Order by email or via our online order form. Payment will be collected at the time of placing this Order.
5.2 The price of your Video is the price in force at the date and time that you place your Order, as set out on www.picpresents.com. We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate, but the price on your Order shall be validated by us as part of the acceptance procedure under paragraph 4.2 above.
5.3 Where your Video Products are delivered outside the United Kingdom, the price is exclusive of any local sales taxes or customs or import duties, which may apply. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5.4 You warrant that all details you provide to us for the purpose of purchasing our Video Products, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.
6. Consumer Rights
6.1 To cancel an Order, you must inform us in writing (which may be by email).
7.1 We will endeavour to deliver your video to you in five working days following the acceptance of your order. However, there may be occasions when that is not possible. If this is the case we will send you an email making you aware of any delay.
8. Returns and Refund Policy
8.1 In the event that the Video Products are received by you in a damaged or defective condition, you may return the Video Products to us within 14 days of receipt and if you do so, we will provide a full refund of the price paid by you inclusive of the return postage and packing.
8.2 If you return any Video Products to us in accordance with the clause 8.1, and we are able to prove that they were not faulty when they were received by you, we reserve the right to send them back to you and claim the cost of such return postage from you.
8.3 We will notify you of any refund of monies (including those due as a result of your cancellation of your Order under clause 6 above) via email within a reasonable period of time. We will refund any monies to you using the same method used by you to pay for your purchase. We will usually process the refund to you as soon as possible.
9. Your Responsibilities
9.1 You also agree and warrant to us that all information given by you when you make an Order is accurate and not misleading and that you will not use the Services for any fraudulent or illegal purpose or for any commercial purpose (except in pursuit of your Order).
9.2 You must not seek to send us Images or any other material, or any content within such Images, which contain any threatening or defamatory or blasphemous or pornographic material or show any kind of child abuse, or are racially offensive or abusive of any religion or likely to incite hatred against any person or group or are otherwise criminal or offensive in the minds of reasonable people or are obscene or menacing or harassing or breach any applicable law.
9.3 You must only send Images in which you own copyright (or which you are authorised to send to us by the copyright owner) and you warrant that none of the Images contain anything which would infringe any copyright, trade mark, design right or other intellectual property right of any third party.
9.4 If any Images uploaded by you do not comply with these terms and conditions, particularly 9.2 or 9.3 above, we reserve the right to remove them with immediate effect and without any obligation or liability to you.
9.5 We will fully co-operate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms.
9.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to send us your Images or video clips and you warrant that the Images and video clips you send will be free from infection, viruses and/or other code that has contaminating or destructive properties. Your use of the internet in uploading Images and video clips shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Images howsoever caused.
9.7 Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.
9.8 You agree to indemnify us against any claims, costs, expenses or legal proceedings caused as a result of your use of the Services in contravention of this section 9 or if you are otherwise in breach of these Terms. In the circumstances of such contravention, you acknowledge that we will be entitled to terminate our contract with you and cancel any pending Order for Video Products made by you. We may also deny you access to the Services in the future.
10. Privacy and Data Protection
10.1 The following applies to any information you provide to us when you place an Order.
10.2 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, email address, credit or debit card details and visible content of your Images and video clips to the extent reasonably necessary to enable us to provide the Services. All such information collected by us shall be referred to in these Terms as "Personal Information" whether or not it is "personal information" within the meaning of the Data Protection Act 1998 ("DPA") and we shall treat it in compliance with the DPA.
10.3 When you submit an Order to us you agree that we may send you details of changes and improvements to the Services, as well as other products and services which we may offer in future.
10.4 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.
10.5 We will also use your information to look at ways in which this part of the website and our Service can be improved and for the purpose of administration. We may use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the Services. Statistics will not include any information which can be used to identify you as an individual.
10.6 By accepting these Terms, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at firstname.lastname@example.org
11. Security and Copyright
11.1 We will use all reasonable endeavors to ensure the security of your Images and video clips and your credit or debit card details that we obtained from you when you submit an Order.
11.2 The contents of this website are protected by international copyright laws and other intellectual property rights and we are the owner or authorized user of these rights.
11.3 All product and company names and logos mentioned in connection with the Services are our trade marks or trading names or those of their respective owners. You may download material for the sole purpose of placing an Order for Video Products. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or download any material, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.
11.4 You or the original photographer (or otherwise as you may have provided for in writing) remain at all times the owner of the copyright in the Images themselves and the Video Products made from them. By uploading any Images to this website you grant to us a limited non-exclusive, fully paid up and royalty free license to use, modify, publicly perform, publicly display, reproduce and distribute such materials solely for the purposes of providing the Video Products.
12. Limitations of Liability
12.1 We will use our commercially reasonable efforts to ensure that the Services will be provided with reasonable care and skill and the Video Products will be of satisfactory quality, will meet the descriptions set out on this website and will be reasonably fit for the purpose for which you bought them.
12.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case however caused and even if foreseeable. We cannot be responsible for any loss or damage you sustain from the use or misuse of the Video Products by you.
12.3 We accept no liability for any loss in respect of material provided by you including the loss of any Images of vidoe clips sent or uploaded by you.
12.6 If we are liable to you for any reason, our liability will be limited to whichever the higher of the amount paid by you for the Video Products or any compensation for non-delivery or misdelivery you may receive from the Royal Mail or any other carrier we use. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for any fraudulent misrepresentation. As an alternative to financial compensation, we at our option may reproduce the Video and send it to you free of charge.
12.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.
14.1 These Terms and your use of the Services are governed by English law and you submit to the exclusive jurisdiction of the English courts.
14.2 Except in respect of a payment obligation, neither of us will be held liable to each other for any failure to perform any obligation to the other due to causes beyond our respective reasonable control.
14.3 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.
14.4 These Terms do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14. 5 You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to PIC PRESENTS a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to PIC PRESENTS by all means and in any media now known or hereafter developed.
You also grant to PIC PRESENTS the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against PIC PRESENTS for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PIC PRESENTS
14. 5 Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by PIC PRESENTS, PIC PRESENTS does not operate, control or endorse any information, products or services on the Internet in any way. Except for PIC PRESENTS-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with PIC PRESENTS.
You also understand that PIC PRESENTS cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. PIC PRESENTS PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND PIC PRESENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. PIC PRESENTS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
Prepared for: PIC PRESENTS. All rights reserved.