Terms and Conditions

The www.pictsweet.com site (the "Site") is owned and operated by The Pictsweet Company ("Pictsweet"). By using the Site, you agree to be bound by all of the provisions in these Terms and Conditions (the "Terms and Conditions"). Pictsweet reserves the right, in its sole discretion, to update or modify the Terms and Conditions at any time. Your continued use of the Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Pictsweet hereby grants you a nonexclusive, nontransferable, limited right to access, use and display the Site for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH US (SECTION 14), AS WELL AS DISCLAIMERS OF WARRANTIES (SECTION 6) AND DISCLAIMERS OF LIABILITY (SECTION 6).

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

  1. We make no representations that the content and materials on the Site are appropriate, available or legal in any location outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  2. The names, trademarks, logos, service marks, brands, video, text, images, audio, characters, trade names, designs, copyrights, trade dress, content, and all other intellectual property on the Site ("Intellectual Property") are protected intellectual property of Pictsweet, or used with permission or under license by Pictsweet. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for you to use any Intellectual Property displayed on the Site without the written permission of Pictsweet or such third-party that may own the Intellectual Property displayed on the Site. Your misuse of the Intellectual Property displayed on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Pictsweet will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

  3. The Site and materials contained on or through the Site are for your personal and noncommercial use only. You may not distribute, modify, transmit, reuse, re-post, or use the Intellectual Property or content on the Site for public or commercial purposes without Pictsweet's written permission. Pictsweet reserves all other rights.

  4. You shall not use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree further that you shall not: (a) delete, modify, hack or attempt to change or alter any of the content on the Site; (b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site; (c) use any robot, spider, scraper, crawler, indexing agent or other automatic or manual device or process, except for a generally available search engine; (d) use any Intellectual Property without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text, or remove any copyright notice or trademark legend, attribution or other notice placed on or contained within any of the Site content; (e) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; (f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (g) create a false identity for the purpose of misleading others; (h) provide false information or impersonate someone else; (i) publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or (j) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party, including without limitation uploading, posting or transmitting any message or data that would violate the proprietary rights of Pictsweet or any other party.

  5. While Pictsweet uses reasonable efforts to include accurate and up-to-date information in the Site, Pictsweet makes no warranties or representations as to its accuracy. Pictsweet assumes no liability or responsibility for any errors or omissions in the content of the Site. Some products featured on the Site may be available only in limited quantities or only while supplies last. Further, a reference to a product or service on the Site does not imply that such product or service is or will be available in your local grocer location.

  6. Your use of and browsing in the Site are at your risk. You agree that the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. You agree that Pictsweet, its parent, subsidiary and affiliate companies and each of its officers, directors and employees and other parties involved in creating, producing, or delivering the Site (the "Pictsweet Parties") are not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, use of, or inability to access or use, the Site or any information or other material made available in connection with this Site, even if Pictsweet Parties were advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms and Conditions, Pictsweet is found to be liable to you or any third party for any damage or loss which arises out of your use of the Site or any content or services provided or made available in connection with the Site, Pictsweet’s liability shall in no event exceed $500.00. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

    SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.

    WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PICTSWEET PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (A) REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, INFORMATION, SERVICES OR MATERIALS FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THAT THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS

    YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

    Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Pictsweet Parties disclaim any warranties regarding the security, reliability, accuracy, timeliness, non-infringement and performance of the Site. Pictsweet Parties assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

  7. You agree to indemnify, hold harmless and, at Pictsweet's option, defend Pictsweet Parties from any and all third-party claims, demands, liability, damages, losses and/or costs, (including but not limited to, reasonable attorneys' fees and expenses) arising from your improper use of the Site, your violation of these Terms and Conditions, your infringement or use of any Intellectual Property displayed on the Site, your Submissions, or your violation of any rights of another.

  8. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Pictsweet or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pictsweet is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without compensation to you. You acknowledge and agree that you may be providing certain feedback, statements, suggestions, ideas, content and submissions ("Submissions") to Pictsweet, directly or through a third party, in connection with your use of the Site, which Pictsweet may publish on the Site and/or use in future modifications to the Site, Site content, multimedia works and/or advertising and promotional materials relating thereto. In addition, you acknowledge and agree that Pictsweet may have access to certain analytic and demographic data ("Data") with respect to your use of the Site. You hereby assign to Pictsweet any and all right, title, and interest in any Submissions and Data, including but not limited to any copyright, patent right, moral right, and all other intellectual property rights. You may not post any advertisements or solicitations of business, chain letters or pyramid schemes, or to post the same posting more than once. You agree that your Submission(s) will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. By uploading, transmitting or posting any Submission on the Site, you warrant that you have all necessary permissions, consents and authorizations to do so.

    You acknowledge and agree that submission of Submissions and Data to Pictsweet, wither orally, in writing or electronically, will not in any way establish a confidential relationship with Pictsweet, nor will it place Pictsweet in the position of receiving a disclosure in trust. Pictsweet will not be obligated and makes no commitment to treat or maintain Submissions which you submit as confidential. In addition, you do not expect any type of payment or remuneration from Pictsweet for Submissions or Data. You agree that all documents and materials submitted to Pictsweet will become the property of Pictsweet, unless Pictsweet agrees otherwise in writing. No obligation is assumed or may be implied on the part of Pictsweet by receipt or examination of the Submissions or Data submission to use the Submissions and Data, compensate you or otherwise enter into another agreement with you. The results of any actions you take based on the advice, information or recommendations included in any Submissions are your responsibility alone. You are solely responsible and liable for all activities conducted by you with respect to your Submissions and use of any other users’ Submissions. You agree that Pictsweet is not, and you will not seek to hold Pictsweet, liable for the Submissions of others.

  9. Pictsweet is not responsible for the content of any off-site pages or any other sites that may be linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

  10. Although Pictsweet may from time to time monitor or review discussions, postings, transmissions, Submissions, bulletin boards and the like on the Site, Pictsweet is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pictsweet will fully cooperate with any law enforcement authorities or court order requesting or directing Pictsweet to disclose the identity of anyone posting any such information or materials.

  11. Pictsweet respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied, framed or otherwise used on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pictsweet's agent for notice of claims of copyright or other intellectual property infringement ("Copyright Agent") the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of the material that you claim infringes on the intellectual property and the location of such material;
    4. your address, telephone number, and e-mail address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
    6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

    Pictsweet's Copyright Agent can be reached at jwinters@pictsweet.com. If Pictsweet receives such a notification, Pictsweet reserves the right to refuse or delete the allegedly infringing material.

    After receiving a notice of infringement that complies or substantially complies with the Digital Millennium Copyright Act ("DMCA"), Pictsweet will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. Pictsweet will take reasonable steps to expeditiously notify the user that created or posted the relevant material that it has removed or disabled access thereto. Any user whose material has been removed or disabled in accordance with this policy may provide Pictsweet with a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:

    1. the user's electronic or physical signature;
    2. identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
    3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
    4. the user's name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which Pictsweet may be found and that you will accept service of process from the person who provided the initial notification of infringement.

    Upon receipt of a proper counter notification under the DMCA, Pictsweet will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material, or cease disabling access to it, in ten (10) to fourteen (14) business days. Additionally, Pictsweet will replace the removed material, and cease disabling access to it, ten (10) to fourteen (14) business days following receipt of the counter notice, unless Pictsweet's designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or Pictsweet server.

  12. Information collected through the Site will be used in accordance with Pictsweet's Privacy Policy. By accepting these Terms and Conditions, you hereby acknowledge that you have read and understand the Privacy Policy and agree to its terms.

  13. In the event any provision of these Terms and Conditions is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by Pictsweet to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.

  14. All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee.

    THE USE OF THE SITE REQUIRES THE INDIVIDUAL ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES. SUBJECT TO THIS SECTION, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE: (1) IN COURT; (2) BEFORE A JUDGE OR JURY; OR (3) IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

    You agree that any controversy or claim arising out of or relating to these Terms and Conditions or your use of the Site shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"), except that, to the extent you have in any manner violated or threatened to violate Pictsweet’s Intellectual Property rights, Pictsweet may seek injunctive or other appropriate relief. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in Tennessee and judgment on the arbitration award may be entered into in any state or federal court in Tennessee having jurisdiction thereof. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) If you initiate arbitration, you will be responsible for paying a filing fee. The arbitrator will have the authority to waive this filing fee if you can prove financial hardship. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

    BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

    The use of this Site and the provisions of these Terms and Conditions shall be governed exclusively by the laws of the State of Tennessee and the Federal Arbitration Act, without regard to conflict of laws provisions. By using the Site and thereby agreeing to these Terms and Conditions, you hereby consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of Tennessee.

  15. Pictsweet may assign its rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of Pictsweet's successors, assigns and licensees.

  16. Pictsweet reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site.

  17. These Terms and Conditions constitute the entire agreement between you and Pictsweet relating to the subject matter herein.

  18. If you have any questions or concerns about the Site, contact us at jwinters@pictsweet.com.

Copyright ©2016 The Pictsweet Company. All rights reserved.