Picturetrail Terms and Conditions


Terms and Conditions of Use

PictureTrail.com, hereafter referred to as PictureTrail, allows its registered members to create online photo albums by uploading image files to Picturetrail servers. As a PictureTrail member you agree to receive periodic emails from Picturetrail containing information about new features and service options and/or periodic information about special promotions.

PictureTrail is not responsible for content posted by PictureTrail members. PictureTrail does not verify or endorse any content posted by its members. Picturetrail is not responsible for the delivery or quality of any goods or services that are advertised by its members on PictureTrail. If you believe that any of the content posted by PictureTrail members or visitors violates your proprietary rights including copyrights please report it by clicking on the Contact Us link on the PictureTrail homepage.

As a PictureTrail member you are solely and fully responsible for any content posted by you or visitors to your PictureTrail account. Although we review member account content on a spot check basis we cannot establish nor guarantee the legal nature of any such content. We prohibit the posting of the following content in any member account:

  • nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or national laws.

  • any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.

  • any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.

  • content that promotes, encourages, or provides instructional information about illegal activities.

  • hate propaganda or hate mongering, swearing, or fraudulent material or activity.

By submitting your photos to PictureTrail, you represent that the photos, titles and descriptions comply with the Terms and Conditions of Use set forth in this section. If any third party brings a claim, lawsuit or other proceeding against PictureTrail based on content you post on PictureTrail, you agree to compensate PictureTrail including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses including attorney's fees incurred by PictureTrail in connection with any such claim, lawsuit or proceeding.

PictureTrail is the final arbiter of what is allowed and not allowed on the PictureTrail website. If a portion of the content in an account is found to be in violation of the Terms and Conditions of Use set forth in this section, the entire account may be removed. If the account is a paid Premium account, there will be no refunds for accounts that have been deleted due to violation of the PictureTrail Terms and Conditions of Use set forth in this section.

PictureTrail reserves the right to modify or remove any content in a member account or to delete a member account at any time without prior notice if that account violates the Terms and Conditions of Use set forth in this section.

PictureTrail is not responsible for any financial or personal loss to members using their PictureTrail accounts for business or any other purpose for any reason including but not limited to server down situations and accidental or willful deletion of member accounts and/or contents of said accounts.

Images stored on PictureTrail servers are for online photo sharing purposes and not meant for permanent or temporary archival purposes. Therefore, Picturetrail is not obligated to maintain back-up copies of any material submitted or posted on PictureTrail; this policy applies to free basic accounts as well as to paid Premium accounts.

PictureTrail is not responsible or liable for any monetary losses incurred by members using their accounts for either personal or business, marketing or any other commercial purpose for any reason including but not limited to server malfunction, server crashes or software related problems.

New PictureTrail members are assigned a free Intro Account. After 31 days, they are switched to the free Basic Account if they have not already upgraded to the Premium account level. Free Basic accounts are eventually phased out from the system if not upgraded to the paid Premium level.

Payment Terms for Premium Account level

The paid Premium account period commences on the date the member upgrades to the Premium account level. The initial one year period of the Premium account may be extended anytime during the Premium account period by clicking on the Renew Now link on the Account Status page in the members area.

Premium accounts will be automatically renewed on the premium expiration date for an additional year at which time the Premium account fee will be automatically charged to the member's credit card on file. If a PictureTrail member prefers the autorenew setting disabled, the member must write PictureTrail and the staff will disable autorenew on the requested account. If payment is made by non-credit card means (check or money order) or if autorenew is disabled on the account, a billing reminder will be sent to the email address registered on the account.

In order to terminate the Premium account the member must click on the Contact Us link in the members area and submit a Premium account cancellation request. There will be no refunds on paid Premium account memberships for any reason including but not limited to early cancellation, accidental deletion of photos, albums or accounts due to server malfunction, server down occurrances, server crashes or problems with software running on the servers.

 
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