On the FAIRPICT website you can access, browse, purchase, sell photo/video Products. Most of the Products made available on FAIRPICT are provided and licensed to you by third parties. FAIRPICT.com or any of the FAIRPICT employees, creators, workers, owners are responsable for problem you could experienced with a product you buy or sell on FAIRPICT.com, FAIRPICT.com provide an intermediary service between you and other sellers and/or buyers, therefore, is not responsible for the actions or products of the buyers and/or sellers using FAIRPICT.com. If you commit any fraudulent act using FAIRPICT.com your account will be terminated immediately. If you disagree with any part of this statement you must not use FAIRPICT.com and must leave the FAIRPICT website.
2. Reviews FAIRPICT Products and/or Shops
FAIRPICT allows you to post reviews on Products you have buy, and to post comments on such reviews. Such reviews and comments will be posted under your name as submitted to the applicable FAIRPICT.com web pages. If you do not want your name to appear with any reviews or comments, do not post any reviews or comments on the FAIRPICT website. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
- You may post only one review per product or shop, unless the later review reflects a good-faith rating change based on further evaluation.
- If you post a review of, or comment on, a FAIRPICT Product for which you are the Publisher, you must disclose your affiliation.
- If you post a review of, or comment on, a competitor’s FAIRPICT Product, you must disclose your affiliation.
FAIRPICT reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on FAIRPICT.com. Content unrelated to a review or comment of the relevant FAIRPICT Product – for example, discussing FAIRPICT’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising or any other form of commercial solicitation; or
- impersonates any other person or entity, including any of FAIRPICT’s employees.
We do not claim ownership of the content of reviews or comments you post on the FAIRPICT website. However, you hereby grant FAIRPICT a nonexclusive, worldwide, irrevocable, perpetual, transferable (only to a successor of FAIRPICT by way of merger, acquisition, corporate reorganization or otherwise), fully paid-up, royalty-free to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
3. Missing orders, faulty items & lost items
In the event of an order not being delivered or if your receive a faulty item, please contact the seller. If you do not hear from the seller within seven working days, please contact us and we will try to contact the seller for you. If a seller is unresponsive or not open to find a common agreement, you should contact PayPal and start a dispute with the seller and/or claim a refund from PayPal. You can read the PayPal help pages HERE and HERE. Please make sure to also report the situation to FairPict, so we can take the correct course of action in dealing with the seller.
4. Usability / Virtual Products / Downloadable Items
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($1.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
5.Permitted and Prohibited Uses
You may use the the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
7.Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please us.