Terms of Use

By accessing or using the PictureInMotion website (the “Site”), you agree to be bound by these terms of use. If you do not agree with these terms of use, you may not use the Site. As used herein, “PictureInMotion” refers to PictureInMotion and “you” and “your” refers to the person or entity you represent.

Copyright

All content and information included on this Site, including text, graphics, logos, buttons, icons and images, is the property of PictureInMotion or its licensors or customers, and is protected by U.S. and international copyright and trademark laws. All software used on this Site is the property of PictureInMotion or its licensors and is protected by U.S. and international copyright laws. You may not copy, publish, distribute or create derivative works of this Site.

Trademarks

PictureInMotion, the PictureInMotion logo and all other trademarks, service marks, and trade names appearing on the Site are the property of PictureInMotion or their respective owners that have granted PictureInMotion the right to use such marks.

Disclaimers

The information on this Site is for general informational purposes. PictureInMotion assumes no responsibility for any consequence of any action or inaction you take based on the information, services or other material on this Site.

THE INFORMATION AND OTHER MATERIALS CONTAINED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PictureInMotion DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES AND OTHER MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, PictureInMotion DOES NOT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS CURRENT, COMPLETE OR ERROR-FREE.

Limitation of Liability

YOU UNDERSTAND THAT IN NO EVENT WILL PictureInMotion OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THIS SITE OR (B) YOUR RELIANCE ON ANY INFORMATION OR MATERIAL ON THIS SITE; EVEN IF PictureInMotion OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

You agree that PictureInMotion’s services are used to transform your own materials into a digital format. You agree that any media submitted to PictureInMotion contain materials in which you own the relevant copyrights or non-copyrighted materials. It is your responsibility, not PictureInMotion’s, to ensure that any material that you convert using PictureInMotion does not violate anyone's copyright and that the conversion process does not violate anyone’s copyright. You agree to defend and hold PictureInMotion harmless from your violation of copyright laws by your use of the service. If you are uncertain about your right to copy, convert or permit access to any material, you should contact your legal advisor.

You may not authorize, encourage or allow any resulting digital files to be used in a manner that violate anyone’s copyright or other applicable laws.

If PictureInMotion receives a notice alleging that you have engaged in behavior that violates any applicable legislation, PictureInMotion may terminate your order. If PictureInMotion suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid or any media you have submitted to PictureInMotion for conversion.

You agree to indemnify and hold PictureInMotion harmless from any suit demand, or claim made against PictureInMotion by breach of this agreement and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by PictureInMotion in defending against such suit, demand or claim.

Neither PictureInMotion nor any of its affiliates, subsidiaries, suppliers or service providers will be liable for any direct damages, nor shall any adjustment, refund or credit of any kind be made in excess or the lesser of $100.00 or the amount paid to PictureInMotion for the conversion services, if any.

You agree that your failure to provide an accurate shipping address or any other other pertinent information shall void your order and any refund is solely at PictureInMotion’s discretion. You agree that PictureInMotion’s inability to provide a copy of the delivery record or a copy of the signature obtained at delivery shall not yield PictureInMotion liable to any amount exceeding any reimbursements PictureInMotion receives from the delivery service provider less PictureInMotion’s incurred expenses. PictureInMotion’s failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation shall not solely be construed as a cause for order cancellation or refund.

At our option, we will either refund or credit the charges you paid for the services (including shipping charges, if applicable) upon your request if we fail to properly provide the services or to properly ship the products, subject to limitations described above. In order to qualify for a refund or credit due to service failure, the following limitations apply: To obtain a refund or credit, at our option, for a service failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up.

In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection. The right to damages against PictureInMotion under any cause of action arising from or related to the provision of Services or Products or shipment of any Products shall be extinguished unless an action is brought within 180 days of the date of order.

No contract is formed between you and PictureInMotion until PictureInMotion exercises the authorization to charge your credit card, and the charge is validated and accepted by your credit card company. Because this site is viewable internationally, not all products and services mentioned will be available in your country. If you have any questions about international service, email us at orders@PictureInMotion.com.

Changes to These Terms of Use

PictureInMotion reserves the right to modify these terms of use at any time. Any modifications shall be effective upon the earlier of the posting by PictureInMotion of the modified terms of use at this URL or direct e-mail or other notification of the changes to PictureInMotion’ customers or affiliates. No oral statements or representations will constitute any waiver or modification of any term or condition in the terms of use. Your continued use or access of the Site shall be deemed your acceptance of the modified terms of use.

Other Sites

This Site may include links to other sites not operated by PictureInMotion as a convenience to customers. PictureInMotion does not endorse any such sites or the information, material, products or services contained on or accessible through the Site. Your access and use of such sites, including all information, material, products and services contained on such sites, solely at your own risk.

Framing

Unless you have received specific written permission from PictureInMotion, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the Site or (b) alter or modify any content on the Site.

Choice of Law and Venue

This agreement and the resolution of any dispute related to these terms of use or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. You agree that all disputes arising under or relating to the Site or these terms of use shall be subject to the exclusive jurisdiction of and venue in the federal and state courts located in Alameda County, California, and you agree to submit to the jurisdiction of such courts.

General

This agreement constitutes the entire agreement between you and PictureInMotion with respect to the Site, and it replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this Site and all PictureInMotion services. No failure of either party to enforce any of its rights under this agreement will act as a waiver of such rights. If any provision of this agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this agreement shall remain in full force and effect.