Terms and Conditions
Welcome to the Pictorescue web site ("Pictorescue Site"), delivered to you by 2step Holding BV, The Netherlands. These Terms and Conditions govern your use of the Pictorescue Site and the services provided through the Pictorescue Site. Your acceptance of these Terms and Conditions, as modified from time to time, creates a binding legal contract. Please read the following Terms and Conditions carefully. If you have any questions regarding the Terms and Conditions, please contact firstname.lastname@example.org.
Eligibility for Service
Currencies and rates of exchange
Pictorescue displays amounts in different currencies. Prices in the different currencies are fixed and will be adjusted from time to time, depending on changes in rates of exchange. Account balances, amounts paid and amounts due are all stored in Euros and converted to the currency of your choice based on the daily rates of exchange of the Central European Bank. This means that amounts due and account balances in currencies, other than the Euro, may change on a daily basis as a result of changes in rates of exchange.
User ID Registration
In order to obtain access to the Pictorescue Site, you must first register by entering a valid email address as your User ID and provide a password. This will enable you to control access to your photos on the Pictorescue Site. Use of the Pictorescue Site is also limited to one account per natural person, and Pictorescue reserves the right to delete multiple accounts at our sole discretion and without notice.
Conditions of Use
You will submit certain material to the Pictorescue Site, including without limitation, photographic images, as part of your use of Pictorescue’s services ("Submissions").
Enhancements are made to your Submissions pursuant to your instructions by Pictorescue staff or by independent contractors. The independent contractors utilized by the Pictorescue have been screened for their technical and artistic abilities.
You understand and agree that Pictorescue assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personal settings.
You are responsible for obtaining access to the Pictorescue Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Pictorescue Site.
Pictorescue forbids its independent contractors from utilizing your Submissions for any purpose other than providing you with the enhanced or modified photographs you request. Although Pictorescue routinely evaluates its independent contractors and may terminate their services for violating Pictorescue’s policies, you understand and agree that Pictorescue assumes no responsibility for the misdirection or misuse of your Submissions by independent contractors.
If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any editor responsible for such misdirection or misuse.
As a condition to your use of the Pictorescue Site and Pictorescue’s services, you shall not:
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that 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 or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any material that depicts the harming of minors or animals in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Pictorescue Site;
- Upload, post, email or otherwise transmit 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;
- Upload any material which may provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Interfere with or disrupt (or attempt to interfere with or disrupt) the Pictorescue Site or servers or networks connected to or with the Pictorescue Site, or disobey any requirements, procedures, policies or regulations of networks connected to or with the Pictorescue Site;
- Exhibit expressions of abuse, offensive language and 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 applicable law, or violating any laws or regulations of any governing body having jurisdiction over Pictorescue, its affiliates or users.
Unacceptable actions and content on the Pictorescue Site, listed above, will constitute grounds for blocking your access to the Pictorescue Site, removal of posted photos and non-fulfillment of your order. Moreover, Pictorescue reserves the right to disclose any information posted by you to the relevant government authorities to satisfy any law, regulation or government request.
Availability of Finished Work
After notice has been issued that the digital image file(s) are finished and are available for download, the digital image file(s) will remain on our servers for a period of 14 days, after which the file(s) will be deleted.
Trademark and Copyright
Pictorescue™ and all related graphics, logos and service names are trademarks of 2step Holding B.V.. All other trademarks that appear on the Pictorescue Site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law.
All of the content or other works that are made available to you on the Pictorescue Site (together, the "Content") is protected by copyright or other proprietary rights, where applicable. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
Pictorescue has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services you requested, you:
Agree that we can, solely in connection with providing these services you request, display, modify, transmit or distribute your photos; and
Acknowledge that you are the owner of the copyrights to the photos you post or transmit to us, or that you have the permission of the copyright owner to post or transmit the photos.
If you believe your copyright in a work has been violated through the Pictorescue Site or Pictorescue’s services, please contact Pictorescue for notice of claims of copyright infringement via email: email@example.com.
Member Account, Password and Security
Upon completing the registration process, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pictorescue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pictorescue cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. We will not sell, distribute or lease your personal information to third parties unless we have your permission or when it is required by law. All aspects of payment, payment security and associated personal banking information are handled by third party payment system partners. Please refer to their respective Terms and Conditions and Privacy Policies.
Pictorescue may collect the following information from you during registration:
2. Contact details;
3. Age for validation of Submission containing adult content;
4. Demographic information for tax purposes;
5. Other information relevant to customer surveys and / or offers.
We need to be able to access your account for the following reasons:
1. We can remind you of your password in case you forget it using the feature on the login page. We will send an email containing the password to the address from which you opened your account;
2. To maintain our service to you and develop new and useful features and services;
3. To follow a court order, subpoena, complaint or a lawful request from government authorities;
4. Pictorescue reserves the right to close accounts set up for fraudulent purposes;
5. To contact you with information regarding promotions, offers and competitions in addition to electronic and physical newsletters;
6. Internal record keeping.
Use, storage and acceptance of quotes
You acknowledge that Pictorescue may establish general practices and limits concerning use of the Pictorescue service, including without limitation the maximum number of days that Pictorescue may retain photographic material or other Submissions sent to Pictorescue. You agree that Pictorescue has no responsibility or liability for the deletion or failure to store any Submissions. You acknowledge that Pictorescue reserves the right to log off accounts that are inactive for an extended period of time. If the storage space being used is deemed excessive then Pictorescue may take action to remove the oldest submissions after having contacted you requesting that account be truncated. You further acknowledge that Pictorescue reserves the right to modify these general practices and limits from time to time.
There is no minimum order for individual purchases. Once you accepted a quote, as generated by the system or send to you by email, and place the order, you commit to payment of the full order amount within 14 days after delivery.
All prices quoted are inclusive of Dutch VAT at the current rate. Orders will be invoiced at the current prices at the time of posting or as quoted for special requests. Payment should be completed as part of the ordering process and/or at the time of delivery, depending on the selected and available payment schemes (post-paid for small amounts, 50% pre-paid and 50% post-paid or 100% pre-paid). Payments must be authorized by the respective payment system (e.g. PayPal, bank and/or credit card company).
When orders are not 100% pre-paid at the time of ordering, the delivery will usually take place in two steps. In the first step the digital files will be delivered with a watermark (i.e. a Pictorescue logo and/or text added to the image). As soon as the order amount has been paid in full, the same digital files will be delivered without watermark. Files with a watermark are delivered for the sole purpose of communication with you as a customer and to allow you to give us feedback when we did not process the order according to your instructions. De delivery of watermarked files are not part of the order process and do not give you the right to cancel the order.
In case you did not pre-paid 100% of the order amount, you hereby agree to pay within 2 weeks after the delivery of the watermarked files.
Your use of any information or materials on the Pictorescue Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, service or information available through this website meet your specific requirements.
Pictorescue will undertake retouching work on Submissions according to clear and complete instructions. Where instructions have been omitted the retouching will be completed by our trained retouching artists entirely at their discretion. Exact color matching is not guaranteed.
Pictorescue is not required to refund orders that are deemed unfeasible due to limitations in the original submission such as low resolution, pixelated, blurred or out of focus or that are unsatisfactory as a result of the failure of the customer to include clear and complete instructions.
If Pictorescue fails to perform clearly-requested instructions, Pictorescue Ltd will re-work the image. We ask that the unsatisfactory images be returned to us with detailed comments to help us to perform the needed changes and to enable us to continue to provide the best quality services in the future. Asking for a re-work about something that was not mentioned beforehand in the instructions may have extra costs. We reserve the right to charge extra costs for subsequent re-works.
Pictorescue will not refund an order unless unable to complete the work in accordance with the customer's clear and complete instructions. The determination as to whether Pictorescue has complied with retouching instructions will be made by a director of the company and/or Quality Control personnel. Once you approve an order it is assigned to an editor immediately and the process of retouching begins, so we will NOT issue a refund or credit for an order if you change your mind after payment has been authorized.
Failure to pay
In case you are not able to fulful your obligations to pay for an order within 2 weeks after delivery, you should contact Pictorescue immediately. We will try to find a workable solution. In case no agreement can be found or in case you did not contact Pictorescue, Pictorescue may start proceedings to collect the amount due. You will be liable, to the maximum permitted by apllicable law, for all costs related to this collection, such as (but not limited to) legal fees, fees of collection agencies and adminstration costs.
No Monitoring of Content
Pictorescue does not control the content of any user's photos and does not have any obligation to monitor such content for any purpose. All content provided by a user of the Pictorescue Site is the sole responsibility of that user, not Pictorescue.
Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside.
Disclaimer of Warranty and Limitations of Liability
THE PICTORESCUE SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PICTORESCUE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PICTORESCUE SITE. PICTORESCUE FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE PICTORESCUE SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO PICTORESCUE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE PICTORESCUE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, PICTORESCUE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF PICTORESCUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Shipping & Delivery
All images are delivered via the internet. Once your order is completed, you will receive an email notice with details of how to download the completed pictures. Typical delivery is within two working days of order submission.
By using the Pictorescue Site, you agree to indemnify and hold harmless Pictorescue and its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses, including attorney's fees, arising from your use of Pictorescue’s services.
Termination of Service
Pictorescue may terminate its service to you through the Pictorescue Site at any time, without notice, for any conduct in violation of these Terms and Conditions or any other policies or guidelines set forth by Pictorescue on the Pictorescue Site (the "Policies"). Pictorescue reserves the right to take all appropriate measures to enforce Pictorescue's Policies.
Pictorescue may terminate its service to you through the Pictorescue Site at any time, without cause, by providing written notice. An email sent to the email address that you registered as your ID shall constitute written notice. In the event of a Termination of Service without cause, Pictorescue will refund any monies paid for services that have not been performed.
All legal issues arising from or related to the use of the Pictorescue Site or Pictorescue's services shall be construed in accordance with the laws of the Netherlands without regard to conflicts of law principles.
These Terms and Conditions constitute the entire agreement between you and Pictorescue with respect to the use of the Pictorescue Site and any Pictorescue’s services. Pictorescue's failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, the remainder of the Terms and Conditions shall be enforceable and the invalid provision shall be enforceable to the fullest extent permitted by law. Pictorescue reserves the right to change this Terms and Conditions at any time, for any reason, and without notice. It is your obligation to check back on this Terms and Conditions from time to time.