PICTAVO™ Terms of Use
12.16.2021
Thank you for registering for a Pictavo user account. Your ability to create an account and to use the access Pictavo, including Pictavo Community (collectively the "Website") is conditioned on your acceptance of these Terms of Use The Website is brought to you by Corporate Graphics Commercial, Inc. d/b/a Walter’s Publishing ("Walters") on behalf of the school or school district that has engaged Walter’s directly or indirectly through a third party to provide the Website (the "School").
By accepting these Terms or visiting or using the Website, you represent and warrant (i) that you are an authorized representative or member of a school or school district that has a license to the Website (a "User"); (ii) that you received authorization to use the Website from the School's designated administrator; (iii) that you have read and understood these Terms of Use and agree to be bound by them; and (iv) that you will use the Website in a manner consistent with all applicable state and federal laws, regulations, School policies and these Terms. If you are an administrator agreeing to these Terms on behalf of the School, you represent and warrant that you are authorized to bind the School to the legal agreement that results from your acceptance of these Terms of Use (the "Agreement"). If you do not agree to these Terms of Use, please do not visit or use the Website.
WHAT IS PICTAVO?
Pictavo™ is a web-based, multi-user page design program (collectively referred to as the “Website”). You do not have the right to assign, sublicense, transfer, pledge, lease, rent or share this license nor reverse engineer, reverse assemble, reverse compile, or otherwise translate the Website or software or remove any product identification, copyright or other notice from the Website. By using this Website, you represent that you lawfully consent to U.S. jurisdiction for all purposes on our Website as if a resident of the U.S., and have the right, authority and capacity to enter into these Terms of Use Agreement.
The Website also provides you with the option to activate Pictavo™ Community and the tools necessary to include or grant access, at your sole option, to students, parents, or other members (collectively hereinafter referred to as “Community Members”); however, please note that upon activating Pictavo™ Community all credit card transactions and purchases made online through Pictavo will automatically be charged a 5% service fee on the total order amount collected.. Pictavo is provided to you solely as a nonexclusive license.
Your use of the Website and Pictavo™ Community is at your own risk.
CHANGES TO TERMS OF USE
We may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. It is your responsibility to periodically visit this page to review the most current version of the Terms of Use. Your continued use of the Website following such change will indicate your acceptance to the Terms of Use. You may print a copy of these Terms of Use Agreement for your reference.
REGISTRATION
When and if you set up an account and/or use the Website, you agree to: (1) provide accurate, current, and complete information; (2) maintain and keep your information accurate, current, and complete; (3) not impersonate any person or entity, and (4) you will not select a user name that in our sole discretion deems offensive. We reserve the right to terminate your access to and use of the Website if any information provided by you is untrue, inaccurate, not current, or incomplete. Our use and disclosure of any information you provide us is governed by our privacy policy. All activity conducted in connection with your account will be your responsibility.
BY USING OR PURCHASING FROM THIS WEBSITE YOU AGREE NOT TO:
Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
Make Submissions (as defined below) available for viewing to the general public via an external link
Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
Restrict or inhibit other users from using the Website.
Violate any applicable laws, rules, or regulations including without limitation Children’s Online Privacy Protection Act, Family Educations Right and Privacy Act, or Personal Information Protection and Electronic Documents Act.
Express or imply that any statements you make are endorsed by us.
Engage in spamming or flooding.
Access or use (or attempt to access or use) another user’s content without permission.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website.
Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
“Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
Order or purchase products through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
Upload, post, email or otherwise send or transmit any material that:
contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law;
is in violation of a copyright, trademark or other intellectual property or other right of any person;
requests personally identifiable information; or
contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication. We have no obligation to screen or monitor activity conducted by you or the Community Members. You are solely responsible for granting access to the Website to your Community Members and are therefore solely responsible for the content and actions of the Community Members.
YOUR SUBMISSIONS:
If you choose to upload or otherwise submit any material through the Website, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website (“Submissions”), by uploading or submitting such video or photographs you represent and warrant that:
you own or otherwise possess all necessary rights with respect to your Submissions;
your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and
you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
AGE LIMITATIONS
You must be 18 years of age or older to order or purchase goods or services from this Website unless you have the specific permission from a parent or legal guardian. You must be at least 13 years of age or older to Use this Website, subject to School Election (as defined below). We strongly recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent's or guardian's permission before sending information about themselves to anyone online.
If you are a convicted sexual predator, you may not use any such Website feature (chat rooms, community pages or photo access).
OBLIGATIONS & RESPONSIBILITIES
You acknowledge that, by providing you with the ability to view and distribute user-generated content and Submissions on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content or Submissions. We do not and cannot review all communications, content, materials or Submissions posted to the Website, and we are not responsible for the content of such communications, materials or Submissions. As we do not provide or control such content and Submissions, you view and use the content, Submissions, and Website at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion:
monitor and/or filter any Submissions;
remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or
disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.
If you become aware of misuse of the Website by any person, please contact us at answers@pictavo.com.
Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with the Website while it is being transmitted.
OUR USE OF INFORMATION SUBMITTED
You agree that all Submissions and other information provided is non-confidential and by providing content or Submissions you give us a royalty free, perpetual, irrevocable and worldwide right to utilize content or Submissions in any manner, in whole or in part, without any obligations to you. Unless where prohibited by statute, we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us including yearbooks and other materials created using the Website, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
IDEA SUBMISSION
Any ideas and/or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.
ORDER ACCEPTANCE & PAYMENT
We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. We reserve the right at any time after the receipt of the order, to supply less than the quantity you ordered of any item. Some circumstances under which we may cancel the order may include but are not limited to
defects or damages found at the time of shipping,
errors in the product description, quantity and pricing on our Website or catalog (if applicable),
due to any typographical error,
if an item is out of stock or no longer available,
we become aware of a product safety concern, or
if a product is in violation of copyright or infringement laws or any other legal issue.
By placing an order, you accept and agree that the total liability of us under any legal claims whatsoever, shall be limited to the amount of money you have actually paid solely and only for placing the order. If your order is rejected or limited by us, your exclusive and sole remedy is either
(a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card had been charged for the order), or
(b) we will not charge your credit card for the cancelled portion of the order of the quantity not provided. It will be in our sole discretion how to refund, refinance, or replace an item with a similar or identical product.
For each product or service you order from the Website, you agree to pay the price applicable for the product or service (including any sales tax, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. If your school is required to collect sales tax, you are responsible for entering the correct tax rate, setting the appropriate product(s) to be taxable, and paying the required sales tax. Unless agreed upon an alternative billing arrangement in writing, we will automatically bill your credit card submitted as part of the order process. By using a credit or debit card you signify that you are the rightful owner of the card. We shall not be responsible for inappropriate credit card use nor shall we bear the responsibility to verify credit card owner. Without limiting remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. By ordering from us, you agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts. In the event you activate Pictavo Community, the total amount collected for all online orders will be deposited into the account specified during the setup of Pictavo Community within approximately sixty (60) days less the 5% service fee.
COMPLIANCE
You agree to comply with all applicable laws, statutes and regulations regarding your use of this Website, and your purchase of products, Submissions, services (if applicable) through our Website. We may, in our sole discretion report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential violation of the Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the appropriate enforcement action, during which we may suspend services or terminate the account of any customer being investigated.
PERSONAL INFORMATION
We may collect various types of personal information from you, depending upon how you use our site. The categories of personal information we collect may include:
Your first and last name
A home or other physical address, including street name and name of a city or town.
Your e-mail address.
Your telephone number.
We may also receive information about you from other sources, including, for example, address update services.
We may use the information we collect from and about you for any of the following purposes:
to fulfill your requests for products and services;
to provide you with targeted offers and advertising on the Website;
to contact you;
to review site usage and operations;
to address problems with the site, our business or our products and services; and to protect the security or integrity of the site and our business.
FERPA AND COPPA
All educational records (as defined pursuant to the Family Educational Rights in Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99, "FERPA"), if any, stored, transferred or accessed within or through the Website remain the exclusive property of the School, subject only to our ownership of the copyright in the Pictavo Content as defined above. All use of this Website is subject to and limited by the provisions of FERPA and other applicable laws, regulations and School policies.
We do not solicit or knowingly collect personally identifiable information from children under the age of 13. A School, through its authorized representative or yearbook adviser, may elect to: (a) allow Users under 13 to contribute to the school yearbook using the Website; and (b) allow personally identifiable information of individuals under the age of 13 to be uploaded to the Website (“School Election”). The School and any school representative(s) make School Election(s) at their sole discretion and at their own risk.
The School is solely responsible for providing and obtaining any necessary notifications, authorizations, consents and releases from parents of Users and students who are under the age of 13 pursuant to the Children's Online Privacy Protection Act (“COPPA”), other applicable laws and School policies (collectively, “Parental Consents”). IF A SCHOOL REPRESENTATIVE MAKES ANY SCHOOL ELECTION, THE SCHOOL, THROUGH THE SCHOOL REPRESENTATIVE, REPRESENTS AND WARRANTS THAT IT HAS OBTAINED ALL THE LEGALLY REQUIRED PARENTAL CONSENTS REQUIRED BY COPPA, OTHER APPLICABLE LAWS AND SCHOOL POLICIES.
If you believe Users have submitted personally identifiable information to the Website from persons under the age of 13 without the appropriate Parental Consents, please contact us at: privacyoffice@pictavo.com so we can take appropriate action.
NON-PERSONAL INFORMATION
We, or third-party service providers acting on our behalf, may use cookies or web beacons on our site. A cookie is a small text file that may be stored on the hard drive of your computer when you access the site. A web beacon is an electronic image used to recognize a cookie on your computer when you view a web page. We may use cookies and web beacons to collect non-personal information from you, including your IP address, browser type, the time and length of your visit, the pages of the site you visit and other clickstream data. This information may be used in order to: (1) remember the products in your shopping cart; (2) recognize you when you return to the site; (3) improve and personalize your experience on our site; (4) provide you with customized advertising; and (5) monitor site usage and analyze the behavior of site visitors. We do not collect any personal information through our use of cookies and web beacons, and we do not combine the non-personal information we collect through them with any of your personal information.
You may decline cookies, but by doing so, you may not be able to use certain features on our site. You also may be able to make some web beacons unusable by rejecting cookies. Check the “Help” menu of your browser to learn how to change your cookie preferences.
INFORMATION SHARING
We may transfer or otherwise disclose information collected from and about you to the following entities for the following purposes: (1) to our service providers, suppliers and business associates, if the disclosure will enable them to fulfill your request for products or services from us for another vendor on our site; (2) to our service providers and business associates, if the disclosure will enable them to perform a business, professional or technical support function for us (3) to other companies, credit bureaus or government agencies in connection with issues related to fraud, credit or debt collection; (4) as necessary if we believe that there has been a violation of our site Terms of Use, of the law or of our rights or the rights of any third party; (5) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (6) if our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
Any personal information or content that you voluntarily upload or submit for posting to the Website becomes publicly available and can be collected and used by others. It is in violation of the site’s Terms of Use for you to post any content that requests personally identifiable information.
CHANGING YOUR PERSONAL INFORMATION
You may change or update your personal information by sending an email to: privacyoffice@pictavo.com. Please include “Change My Information” in the subject line.
SECURITY
We have taken certain physical, electronic, contractual, and managerial steps to safeguard and secure the information we collect from site visitors.
TERMINATION
We reserve the right in our sole discretion to terminate or restrict your use of the Website, without notice, for any or no reason, and without liability to you or any third party. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. At our sole discretion, we may modify or remove any User Content that violates or is inconsistent with these Terms of Use or their intent, that your conduct is disruptive, or you have violated the law, these Terms of Use, or the rights of us or another user. We will have no liability to you for any deletion of your User Content.
We may also change, suspend, or discontinue any aspect of the Website at any time, including the availability of any feature or content without prior notice. Any updates to the Website will be subject to these Terms of Use.
TRADEMARKS
All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
COPYRIGHT
The entire content of the Website, including but not limited to text, graphics and code, is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.
COPYRIGHT VIOLATIONS
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringed is located on the Website;
information on how to contact you including your address, telephone number, and email address, if available;
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; and
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.
Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:
General Counsel
1725 Roe Crest Drive
North Mankato, MN 56003
WARRANTY DISCLAIMER & LIABILITY LIMIT
To the fullest extent permissible under applicable law, we present the Website "AS IS" and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes this Website available are free of viruses or other harmful components. We do not and cannot guarantee or warrant that downloads through the Website will be free of viruses. The Website may have time intervals in which it is interrupted or not available for use due to maintenance, upgrades and/or emergency repairs. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website's accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE WEBSITE. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE WEBSITE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR PRODUCTS ORDERED USING THE WEBSITE. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold us, our shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, in whole or in part, out of your: (a) use of the Website; (b) violation of these Terms of Use (c) breach of any warranty; (d) violation of any law (including, without limitation, COPPA); or (e) any School Election or failure to obtain Parental Consent or the rights of any third party.
ELECTRONIC NOTICES
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
THIRD-PARTY LINKS
The Website may link to sites operated by third parties. However, we have no control over these linked sites, all of which have their own terms of use and data collection practices. These linked sites are only for your convenience, and you access them at your own risk.
DISPUTES
Your use of the Website shall be governed by the laws of Minnesota, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Nicollet County, Minnesota. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
GENERAL
The Website is controlled and operated within the United States, and is not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the Website or any parts thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
CONTACT US
If you have any questions about these Terms of Use, please contact us at: answers@pictavo.com or at our toll free number 1-800-290-0036 between 8AM and 4PM Central Time Monday through Friday.