Terms and Conditions
The following terms and conditions apply to all visitors and Registered Users of www.picnspan.com or picnspan.com ("Website"). By browsing and using the services of this website you agree to all the terms and conditions of this page. Incase you donot agree to any or all of terms and conditions of this page, you must exit this website immediately and stop using all of the the services of this website .
We may change, update, or discontinue any or all of the services on the Website at any time. We may remove or revise any Content on our Website for any reason at any time without notice to you, including without limitation due to concerns related to intellectual property rights, appropriate consents, or our contractual obligations or legal requirements. We have no obligation to make, or continue to make, the Website or any particular portion or related service available to you.
Content
- All digital photographs, videos, graphics and art ("Content") of this website are copyrighted and copyright belongs to the author of the Content.
- Unauthorized copying, download and use of Content of this website is illegal and will attract legal action.
- Purchased Content from this website should be used strictly according to the license terms as described in the license section below.
- We have no obligation to review any Content uploaded or posted onto the Website by Registered Users, and we have no responsibility for any such Content. We have the right to accept or deny, delete, move or edit any Content uploaded or posted onto the Website. If you upload or post any Content onto the Website, or any Content is uploaded or posted onto the Website using your account, then you remain solely responsible for such Content.
- Content of this website is made available as a download in digital format post purchase unless a different mode of delivery is specified during the checkout process.
License
All Content purchased from this website will be licensed to the buyer for use according to the terms of the specific license described below.
License(s) given to the buyer cannot be sold to any third party and/or cannot be transferred to any third party and/or cannot be sublicensed. Any such activity is illegal and will attract legal action.
Licensed Content can be downloaded and used without any royalty fees and multiple times.
Licensed Content must be downloaded for use within a period of 1 year (365 days) past the purchase date. Past 1 year after purchase the Content download link will expire and the Content has to be purchased again to be downloaded for use.
Standard Digital License
Allowed uses
- Business and commercial uses
- Educational uses
- Personal uses
- Websites or blogs
- Print and digital media, such as books, e-books, newspapers, magazines and newsletters
- Editorial purposes
- Advertising
- Electronic publications
- Multimedia presentations
- Brochures
- Flyers
- Promotional posters, greeting cards and post cards
- Digital and web-based advertising, including web-banners
- Packaging, wrappers and labels
- Catalogs
- Promotional and decorative purposes
- Display in an office, store, restaurant, shopping mall or other place of business
- For use and display in both private and public spaces
- Business cards, letterhead and stationary
- Billboards and signage
- Printed items
- Artwork
- Computer programs and applications
- Marketing materials, which may be delivered via post, email, fax, or otherwise, and/or which may be displayed at “point of sale” locations
- Cover art for DVDs, CDs and books and e-books
- For use in trade show booths and at sales conferences
- Movies, films, videos, television programs and theater
- Other permitted uses of the Content include the right to publicly display, broadcast, stream and perform the same.
Restricted uses
Under this license purchased Content cannot be used in
- Products for resale (Not restricted under Extended Digital License)
- Electronic templates (Not restricted under Extended Digital License)
Uses prohibited under 'Prohibited Uses of Content' section below.
Extended Digital License
Allowed uses
In addition to the Standard Digital License, you may distribute the Content as incorporated onto any item of merchandise or other work of authorship. For clarification you, may use, reproduce, distribute or display the Content in connection with (a) design template applications intended for resale; (b) any goods or services intended for resale or distribution, including, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any "print on demand" or tangible or electronic formats; (c) a PR campaign aimed at the promotion of goods or services to the medias. Furthermore, if you incorporate a Content into a promotional press release that is being released to the media, then you may distribute the stand-alone image file of such Content to the media in connection therewith, under the condition that the media may only publish such Content in connection with the publishing of such press release, and that the media may not use or disseminate Content in any other manner.
Restricted uses
Uses prohibited under 'Prohibited Uses of Content' section below.
Editorial Use Only License
The Editorial Use Only license means that the Content cannot be used for commercial advertising purposes.
Allowed uses
- In a newspaper or magazine article
- On a blog or website for descriptive purposes
- In a book except where the Content is used to promote the book
- Film or video documentaries or broadcast news
- In a non-commercial presentation
Restricted uses
- In any kind of advertising or promotional material.
- In creation of items or products for resale (e.g., prints, posters, mugs, stationery, calendars, electronic templates, etc.).
- For any 'advertorial' purposes i.e. in sections or supplements in relation to which you receive a fee from a third party advisor or sponsor.
- Uses prohibited under 'Prohibited Uses of Content' section below.
Prohibited Uses of Content
Irrespective of the rights given to you for using the Content according to different licenses described in the 'License' section above, following uses of the Content are prohibited. Using the content in a manner described below would attract legal action against the user from us or the author of the Content or the Model depicted in the Content or together.
Portray any person (a "Model") present in the Content in a way that a reasonable person would find offensive, including but not limited to depicting a Model
-
In connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like
-
In connection with the advertisement or promotion of tobacco products or banned substances
-
In a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint
-
As suffering from or medicating for, a physical or mental ailment
-
Engaging in immoral or criminal activities
-
Use of any Content in a pornographic, defamatory or deceptive context or in a manner that could be considered libelous, obscene or illegal
Website Registration
Each visitor may become a registered user ("Registered User") by creating an account with us.
All Registered Users of this website are assigned a website account. Users can login to their account using their username and password.
- User accounts on this website identifies the Registered User uniquely through the account's username and email address.
- Account username and password should be kept secret and should not be shared with anyone else. Account user is solely responsible for any activity performed from his account. Incase your account has been compromised contact us immediately using the Contact Us form and we will block your account to prevent any further unauthorized use.
Purchase
Any visitor or Registered User of the website can purchase Content on sale i.e. Content which can be put into the shopping cart using the Add to cart button or symbol or link on this website.
The visitor or Registered User must provide complete billing address, agree to all terms and conditions of this page and complete the checkout process by paying in full using the appropriate payment gateway to complete a purchase on this website.
Once the checkout process is complete a visitor is automatically registered into this website and the visitor's login details are sent to the email address which was provided by the visitor during checkout process.
Purchased content will be available for download from user's account after logging into the Website once the checkout process is complete and order paid in full.
Refunds
We issue no refunds in part or full after sale of any Content of this website. If you face any issue with regards to your purchased Content please contact our Customer Care team using the Contact Us form.
Warranty
All Content on this website whether purchased or otherwise is provided As-Is and we disclaim any warranty of any kind of merchantability or fitness for a particular purpose in connection with the use of any Content of this website. Use of any Content of this website is at user's risk.
Restrictions
You must not misuse the services of the Website. For example, you must not
- Allow any other person access to your account
- Sell or transfer your account to another person or entity
- Use the Website in any manner that is not permitted by this Agreement or that violates any applicable law
- Upload or post onto the Website, or use the Website to transfer, any Content that is covered or protected by copyright trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents
- Upload or post onto the Website, or use the Website to transfer, any Content that is libelous or slanderous or otherwise defamatory, obscene or indecent;
- Upload or post onto the Website, or use the Website to transfer, any Content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive or destructive features
- Attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you on or through the Website;
- Attempt to gain unauthorized access to the account of any other person or entity, or otherwise interfere with any other person's or entity's use, of the Website
- Use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Content that you upload or any identifying information for your account.
- You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used. By way of example, you may not download Content for the primary purpose of artificially inflating the ranking of a given contributor or for the primary purpose of artificially triggering payments to contributors. A contributor, or someone else on her behalf, may not download Content that such contributor has uploaded.
This website is intended for use by adults (18 years of age or above) only. Website account creation and any transactions carried out by a person below the age of 18 years must be authorized by the adult legal guardian of the person.
Browser and devices
You shall use only browsers and devices supported on this website to access any part of this website. The information on supported browsers and devices can be obtained from browser and device support page.
Indemnification
You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Content or other content that you provide to us, your use of the Content of this website, your use of purchased Content from this website or your violation of these terms.
We have the right to control the defense of any claim, action or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action or matter.
Limitation of Liability
We are not liable to you or anyone else for any special, incidental, indirect, consequential, or punitive damages (even if we have been advised of the possibility of these damages), including those (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (c) arising from any other claim arising out of or in connection with your use of or access to the website services or Content. Nothing in these terms limits or excludes our liability for gross negligence or for our (or our employees) intentional misconduct. The total liability in any matter arising out of or related to these terms is limited to INR 500. The limitations and exclusions in this section apply to the maximum extent permitted by law.
Privacy Policy
This Privacy Policy, as amended from time to time, governs collection and use of your personal information as provided by you to us. By using the Website you consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is governed by the laws of the state of West Bengal, India irrespective of your location. By using this Website, you agree to be bound by the English-language version of this Privacy Policy. If you have any questions related to our Privacy Policy, please contact us at email address care@picnspan.com or through the Contact Us form.
Type of information collected
When you visit this Website, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, country or region of access as determined by your IP address, browser type, and operating system. This type of information does not identify you personally. When you create an account on this website, we may also collect your personal information such as your email address, primary occupation, company / organization you are associated with as (“Account Information”). For contributors (as identified on our Website), Account Information may include verification of your identity with a government issued ID. Additionally, we may collect certain information from our contributors for payment of fees and for tax purposes.
This Website also generates data and statistics as part of day to day business operations in form of Sales report, Uploads and Downloads report, Content viewed and Content rating by Registered Users and visitors of this Website. We may also collect non-Account Information like content changes. Additionally, we may track copyright infringement claims, Information related to copyright infringement claims may be stored by us.
Cookies
When you visit this Website, we may use Cookies to manage your session and to provide with better user experience and service. Cookies may be used irrespective of whether you are a Registered User or a visitor. “Cookies” are small pieces of information transferred by this Website to your device of access like a Web Browser and thereafter stored on your computer or device. The type of information stored in the form of Cookie on your device sent by this Website may include your unique session information and your preferences like Currency for payment.
You have the ability to either accept or decline the use of Cookies on your computer. Typically, you can configure your browser to not to accept Cookies, however, declining the use of Cookies may limit your access to certain features of this Website including ability to login to your account and make purchases.
Third parties
We may use third party service providers such as PayPal, PayUMoney and others for payment processing and providing other services through this Website. In addition, our Website may occasionally contain links to other sites. If you click on these links, you may leave this Website and start using a third party website. We are not responsible for the content or the security of your personal information when you are using a third party website. Third party websites may have their own privacy policies governing the storage and retention of your personal information. They may collect personal and non-personal information about you when you use their website. This Privacy Policy does not govern personal information provided to, stored on, or used by third party sites. We recommend that when you enter a third party site, you review the third party’s privacy policy as it relates to safeguarding your personal information on their site.
How your information is used
We may use your personal information to
Verify your identity for security purposes.
Create and manage your Website account.
Process your transactions.
Provide customer services.
Display services or offers that may be of interest to you.
Monitor your uploads, downloads, changes in profile and forum participation.
If you are a contributor, to compensate you and for tax processing.
To communicate with you about your transactions, new products and services.
Respond to your queries and to resolve issues with your Website account or transactions.
We may also convert your information into anonymous data in order to help us monitor traffic on our Website. For example, we may also use the personal information disclosed to us to assist you with technical difficulties you may experience while using our Website. We may share your personal information and the demographic information we have collected with our third party service providers.
Protecting your personal information
We take privacy of your personal information very seriously and recognize that protecting your personal information is important to you. For this reason, we are committed to protecting your personal information in several ways. Our servers are only accessible to a select number of authorized personnel. Your Website account information is protected by a unique username and password, and your account password is stored encrypted on our servers. You should not disclose your account information to anyone and you should always remember to log off and close all your browser windows after using this Website if using a shared computer. We also use strong secure socket layer encryption (SSL) throughout this website which makes all of the information transferred between your web browser (or device) and this website completely secure to the extent possible though the use of SSL/TLS technology for secure transmission of data. We may retain your personal information for as long as is required to fulfill our business objective.
While we strive to use industry standard means and technology to protect your personal information, we cannot guarantee its security. Therefore, we assume no liability regarding the theft, loss, alteration or misuse of personal or other information, including without limitation such information that we have provided to third parties, or with regards to the failure of a third party to abide by the privacy policy or agreement between us and a third party.
On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with legal obligations of our country or region of operation.
Termination and Suspension
- We may terminate these terms or your account upon notice to you at our discretion, including, without limitation, for your breach of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms), if it has become impractical for us to offer the services in your region, or for inactivity by you with respect to use of the website. You may at any time terminate these terms or your account by sending a termination request to us through our Contact Us page on the website.
- We will terminate a user’s access to the Website if we have determined the user to be a repeat infringer.
- We may suspend or block your account at any time and for any length of time upon notice to you at our discretion. During the time your account is suspended or blocked, you will not be able to access your account on the website.
Upon any termination of these terms
- Your account will be canceled and closed
- All Content uploaded by you will be removed from the Website; provided, however, that we may continue to use the Content for internal archival and reference purposes and all other Registered Users who have downloaded your Content may continue to use your Content under the terms of their license
- You may continue to use the Content that you have purchased and downloaded
- We may prevent you from registering to use or access the services of the Website.
Termination of this Agreement does not relieve you of any obligations to pay any outstanding fees, or other obligations under any other agreement that has not been specifically terminated.
