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Terms & Conditions
• DO NO EVIL: You are responsible for and have rights to use the image(s) you upload. If you have to ask us if it’s OK to use, it’s probably not. Be safe and create something that’s 100% yours.
• NO RETURNS: Because these are custom, one-of-a-kind designs made specifically for you and cannot be resold, our general policy is that we do not accept returns. If there is a concern or problem with your garment please email us within 30 days of receiving your order. We are more than happy to help you out. If more than 30 days have passed since the “delivered” date on the order, we are not able to offer a replacement item.
• COLORS: While we do everything we can to match the colors of the original artwork, we work from photographs of the artwork and cannot guarantee an exact color match. Metallic and neon inks are not used, those will be a “closest match possible”.
• MARKETING & PROMOTION: You own your own artwork, but by creating one of our products, you’re giving us permission to use it in our marketing materials at our discretion, forever. We may share, but we are not obligated to share. When we share on our pages, other media outlets may use your images without asking for permission.
• GIFT CERTIFICATES: In accordance with NV state law, our gift certificates have an expiration date printed directly beneath the Magic Code and Value in the original gift certificate email. If you have an expired gift certificate, please email us within 30 days of the expiration date, we are more than happy to help you out.
• INTERNATIONAL CUSTOMERS: You understand that parcels may take more than 30 days to travel from us to you. You understand that there may be additional fees with international customs/duty import tax. These are separate from our shipping costs and are the responsibility of the person receiving the parcel. If you’re not sure, please check with your country’s international shipping policies to see if there may be additional costs so there’s no surprise.
• If you do not agree with the Terms, do not proceed to access the Site or use the Services.
THE LONG, LONG FORMAL VERSION:
PICTURE THIS TERMS & CONDITIONS
These terms and conditions, as modified from time to time, apply to your use of this website. We refer to the Picture This/Picture This Clothing website as “Picture This” “Picture This Clothing” “the Site” or sometimes, “the Services.”
Before you enter the Site or use any of the Services, it is important that you carefully review these Terms and Conditions (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms.
By entering and using the Site, you agree to the Terms and that you are bound by and subject to them. In other words, these Terms are a binding legal agreement between you and Picture This Clothing in which you promise that you will use the Site only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at email@example.com. If you do not agree with the Terms, do not proceed to access the Site or use the Services.
I. Conduct We are committed to ensuring that our Services remain a fun and safe place to be creative. To this end, we require that every user of the Services refrain from uploading, or otherwise using the Site to process “Prohibited Content.”
Generally, Prohibited Content includes (without limitation) any of the following:
a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Site.
d. Content that harms minors in any way. Picture This Clothing has the sole discretion to determine whether content is Prohibited Content, and any content submitted to the Services may be examined at any time. You acknowledge that although Picture This Clothing does not and will not examine and review all content submitted or transmitted to the Services, Picture This Clothing has the absolute right (but not the obligation) to review materials for any reason, at any time, without notice. In the event of a dispute pertaining to any content, Picture This Clothing may disclose content to parties to the dispute (including their agents and governmental authorities).
Notwithstanding the above, when you access the Site and/or use the Services, you acknowledge and agree that all content (whether private or public) that is submitted and stored on the Site is the sole responsibility of the person who submitted it. In other words, you are responsible for any content that you submit.
II. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, or access to the Services for any commercial purposes.
What You License to Picture This Clothing
For us to perform the Services, we need the rights to make use of the information and images you submit to the Site. Accordingly, as a condition to your use of the Site, you hereby grant Picture This Clothing a perpetual, universal, non-exclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you. This includes the right to use your content in any form for the promotion, advertising, or marketing of Picture This Clothing or the Services. You remain the owner of all content that you submit to the Site and you represent and warrant to Picture This Clothing that you are the owner of the copyright to content you submit to the Site or that you have written permission from the copyright owner to submit such content.
Copyright Protection for Content on the Site
All information, images, and content offered on or submitted to Picture This Clothing are protected by the U.S. and international copyright laws and by other laws. Picture This Clothing is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit because of your activities, even if the violation is unintentional. Picture This has the absolute right to cancel your order, terminate your Picture This Clothing account, or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Picture This Clothing has a process in place to respond to your concerns.
How to Contact Us About Copyright Infringement Claims (see CLAIMS section below, after section V.)
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PICTURE THIS (INCLUDING
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST
ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES,
RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE
SERVICES USING YOUR ACCOUNT.
You agree and acknowledge that Picture This Clothing, in its sole discretion, may terminate your Picture This Clothing account or use of the Services, and remove and discard any content submitted to the Site, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by Picture This elsewhere on the Site;
b. Conduct that Picture This Clothing believes is harmful to other Picture This Clothing users, the business of Picture This Clothing, or other third party information providers.
c. Conduct that violates the spirit of these Terms.
Further, you agree that Picture This Clothing shall not be liable to you or any third-party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to the Site.
Copyright Infringement Claims
Picture This Clothing will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.
If you believe your copyright or the copyright of another has been infringed upon, please provide Picture This Copyright Agent with a written notice containing the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Address the above via email to:
Subject: Picture This Clothing Copyright Agent
VI. Gift Cards
The following terms under the “Gift Cards” heading relate to you as the purchaser or user of gift cards from the Site (“Gift Cards”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PURCHASE GIFT CARDS THROUGH THE SITE.
Purchasing and Redemption. By purchasing Gift Cards on the Site, you certify and represent to Picture This Clothing that the activities in connection with which the Gift Cards will be used will comply with this Agreement and all applicable laws, rules, and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Picture This Clothing, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Picture This Clothing-related entity. An account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have an account at the time of receiving the email, they will be prompted to create an account in order to redeem the Gift Card. An account is required in order to redeem a Gift Card.
Nev. Rev. Stat. §598.0921(3) “Gift Certificate” means an instrument or a record evidencing a promise by the seller or issuer of the instrument or record to provide goods or services to the holder of the gift certificate for the value shown in, upon or ascribed to the instrument or record and for which the value shown in, upon or ascribed to the instrument or record is decreased in an amount equal to the value of goods or services provided by the issuer or seller to the holder. The term includes, without limitation, a gift card, certificate or similar instrument.
Nev. Rev. Stat. §598.0921(1)(a) Expiration date, email address or toll-free phone number, to inquire regarding the balance and expiration date must be conspicuous. To inquire about a gift card balance, please contact us at firstname.lastname@example.org
Use and Limitations.
Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Unused Gift Card balances in an account may not be transferred. Unless otherwise required by law, Gift Cards are not returnable or refundable for cash. To the fullest extent of the law, Gift Cards may not be sold or bartered to third parties. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via Sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Picture This Clothing’s prior written approval. Use of Picture This Clothing’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Picture This Clothing Gift Cards is strictly prohibited. Furthermore, the use of Picture This Clothing Gift Cards in any manner that states or implies that any person, Site, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Picture This Clothing, or any of its subsidiaries or affiliates is prohibited.
Risk of Loss.
If your Gift Card is lost or stolen, immediately contact customer service at email@example.com. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Picture This Clothing. Picture This Clothing and its affiliates shall have no liability to you for: lost or stolen Gift Cards; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of Picture This Clothing. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of Picture This Clothing. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards may expire, and we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Picture This Clothing.
If your Gift Card is lost or stolen, immediately contact customer service at firstname.lastname@example.org. Your Gift Card will be canceled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Picture This Clothing. Picture This Clothing and its affiliates shall have no liability to you for: lost or stolen Gift Cards; or use of any Gift Cards by third parties through your account that is not attributable to the negligence or misconduct of Picture This Clothing. You are responsible for keeping the username and password for your account safe and for any activity conducted under your account that is not attributable to the negligence or misconduct of MeUndies. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. The Gift Cards may expire, and we are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission for reasons not attributable to the negligence or intentional or reckless misconduct of Picture This Clothing.
Gift Cards are issued by Picture This Clothing, LLC, a NV corporation/Limited Liability Company.