Picsmela Terms

TERMS & CONDITIONS

Please read the following Terms and Conditions of service that you agree to, when you access  www.picsmela.com, a service offered by InnovationXL US. For the purposes of this Agreement, Picsmela means www.picsmela.com.

By accessing any page of the website and/or using the services, you agree to be bound by these terms and conditions without limitation or qualification. If you do not accept these terms and conditions, please immediately discontinue your access to the website and/or use of the services.

License

Picsmela claims no ownership or control over any Content submitted, posted or displayed by you on or through Picsmela. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Picsmela and you are responsible for protecting those rights, as appropriate. However, by uploading photographs and any other images (Photographs) to Picsmela, you grantPicsmela and its services on www.picsmela.com, a limited, royalty-free, non-exclusive, worldwide license to use, adapt, copy or display the photographs within the secure location set up for you on www.picsmela.com.

Membership

Picsmela membership is available through the registration process which is absolutely free of charge after you submit your requested details to Picsmela. Before signing up for a new account you are asked to accept Terms of Service. If you don't agree with our Terms of Service you will not be permitted to use the service.

By submitting your registration form, you agree to accept the Terms and Conditions of Service.

Fees

Picsmela doesn’t charge any fee for membership. Picsmela reserves the right to subsequently charge a fee for the storage of your photographs on the website and/or change the above storage limits in the future by giving user the reasonable notice on our website and/or via email.

Storage Policy

Picsmela provides the facility to its users to upload the images and photographs for free without any limitation in online storage space. The purpose of Picsmela is to order digital prints online. If user (Picsmela) uses it for only storing his images or photographs on our server, we at Picsmela reserves the right to remove those images or photographs from our server at any time. In such cases the membership can also be terminated.

If certain limit of digital photos are unused for 6 months and no subsequent orders are made within 6 months, Picsmela has the right to delete those digital photos of the users with or without notice. The purpose of removing unused digital photos is to free up resources for other customers.

You will not use the service to upload, share, order prints, email or other methods of transmit:


  • Racist material
  • Material that infringes any copyright, trademark, patent or other intellectual property right or any moral right of any third party
  • Material that harms anyone including minors
  • Material that contains viruses, worms, corrupted files, Trojan Horses or any other form of corruptive code
  • Material that is likely to incite hatred against any person or group
  • Blasphemous material
  • Defamatory or otherwise actionable material
  • Images of any criminal act
  • Material that breaches any applicable laws or legislation
  • material that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • material that promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • material that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links

Privacy Notice

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.

Uploading 

Picsmela provides the facility to its users to upload images and photographs to their photo albums through the Internet. Picsmela may offer from time to time other methods to upload photographs. You agree to comply with all terms of service that Picsmela may additionally impose in respect of any new uploading method.

All content, public or private, that is submitted to us is the sole responsibility of the user (Picsmela member) who submitted it. Hence, the user is personally responsible for his content. Picsmela has sole discretion to decide whether any content is Prohibited Content. However, we will not monitor or examine any content submitted to us using the Internet or any other medium.

Picsmela is going to give upload by few criteria: directly from the personal device/computer, using Facebook, google photo, and/or Flickr photo.

Prohibited Use of This Website

You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide our services to users.

If you use, deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Website then you are not authorized to enter this website or use its services.

If you use, deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method, or device with respect to this website for any other purpose, including but not limited to purchasing tickets, you are not authorized to enter this website or use its services.

If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method, or device, for any purpose, that places an unreasonable, unnecessary or excessive demand or load on this website, its hardware, and connections, or prohibits, denies or delays access to this website by others, you are not authorized to enter this website or use its services.

You will not download or copy any content displayed on this website for purposes other than preserving information for your personal use, without the written permission of the Company.

You will not establish any deep link or other connection to any specific page or pages of this website other than the Home Page, without our written permission. You agree that you will use this website only for lawful purposes.

Your Orders

Picsmela agrees to provide the best quality of prints. You agree that the quality of the prints will depend upon the digital files uploaded by you. Therefore, it is likely that for certain prints, the quality of the prints may not be satisfactory for which Picsmela shall not be responsible.

All the prices stated on our website are in currency in US dollars (USD) and/or Bangladesh Taka (BDT) Taxes and shipping and packaging charges as applicable will be added.

You hereby acknowledge that you will not reproduce, sell, resell, duplicate, or copy any part of the service for any commercial purpose.

During the processing of your order or delivery, if the order placed doesn’t fulfill these Terms and Conditions of Service, Picsmela reserves the right to cancel the order. You will be notified about the action.

Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within the specified time period. However, there might be delays due to unforeseeable reasons. Under such circumstances, Picsmela shall not hold responsible. We will also not be responsible for delivery at the wrong address(es) if the address specified at the time of ordering is incorrect.

Picsmela will not store any credit card information in our database without users' permission. Picsmela shall not be held responsible for any issues arising out of payment gateway dysfunction.

If you are not satisfied with the quality of prints, please contact our customer service at info@picsmela.com within 7 days of receipt of your order.

Our authorized payment gateway partner may ask you to provide the credit card number, expiration date, billing information or any other information that may enhance the security of transactions and prevent fraud.

Picsmela reserves the right to modify or amend these terms of service for any reason by giving users reasonable notice on our website and/or via email. Such modifications or amendments will be effective once the notice is served.

Governing Law

This Agreement will be governed by and construed in accordance with the judiciary laws of the Republic of Bangladesh without giving effect to any principles or conflicts of law.

Emailers

Picsmela may send you updates and promotional offers via email. You are not required to be subscribed to our mailing list and you may opt-out of this list at any time.

Termination of Agreement

You agree that:

This agreement is effective until terminated by Picsmela and Picsmela reserves the right to terminate this agreement.

Without limiting any other remedies that Picsmela may have available at law or in equity, and in confirming that you have breached any provisions of this Agreement, Picsmela may, without notice, cancel any pending transactions you may have with Picsmela and restrict or deny your access to the Site and services.

Security

Any password used for using services provided by Picsmela are for your personal use and you are requested not to share these passwords and/or security codes with anybody else. You agree that it is your responsibility to keep these passwords and/or security codes confidential and you will be responsible for any act and/or statements originated from the misuse of these passwords and/or security codes. You agree to inform Picsmela in the event of loss or theft of these passwords and/or security codes or misuse in any manner.

You can log in to our site using sign-in services such as Facebook Connect or Google account access. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect and/or google signin give you the option to post/upload information/photos/albums about your profile on this Web site to your profile page to share with others within your network.

Our Site includes links to other Web sites whose terms and conditions and/or privacy policies may differ from those of Picsmela.com. If you submit personal information to any of those sites, your information is governed by their terms and policies. We encourage you to carefully read the terms and policies of any Web site you visit.

Deletion of Images and User Account

Picsmela may terminate your account (or any part thereof) or your use of the Services and remove and discard any Content at any time, for any reason, including: (i) upon your request, (ii) conduct that violates these Terms or other policies or guidelines set forth by Picsmela elsewhere within the Services, (iii) conduct Picsmela believes is harmful to other Picsmela users or the business of Picsmela, or (iv) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account
Users may deactivate or delete their account or be unregistered from our website immediately. Users may delete their photos/albums which have been uploaded and used or are to be used in the future. Picsmela system allows users to delete photos/albums immediately or Picsmela may delete those upon users request.

Disclaimer

Picsmela makes no warranties or representations as to the contents of this site and Picsmela assumes no liability or responsibility for any errors or omissions in the content on the site. The contents are provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Picsmela further makes no representation or warranty that any files, links or pointers available through this site will be free of viruses or other codes that contain contaminating or destructive properties. To the fullest extent permissible pursuant to the applicable law, Picsmela disclaims all warranties, express or implied. Picsmela makes no warranty that (i) the information will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any information obtained by you through the site will meet your expectations, and (v) any errors in the software will be corrected. Any material, contents or information downloaded or otherwise obtained from the site is subject to this agreement and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Picsmela is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall Picsmela be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Picsmela may change the format or content of the website, or any product or service offered by the website. Picsmela for any reason with or without notice may terminate or suspend the operation of this website or any service provided by this website. Picsmela might not take back-ups of the materials or images you upload in your album. It is not responsible for any loss, corruption or deletion of your materials or images; it is advisable for you to keep backups of all the content that you upload to your album.

Limited Warranty

Picsmela concedes to providing efficient, reliable, timely, and satisfactory service to the best of its resources and skills. Picsmela makes no warranty that the website will be uninterrupted, error-free, and virus free or free from any malicious content. The Website is provided on an "as is where is" and "as available" basis. In any case of unsatisfactory service by Picsmela, Picsmela agrees to take proper corrective action on the basis of a decision taken by Picsmela.

Limitation of Liability

You agree that the uploading and/or storage of your images or photographs may be affected and/or interrupted by numerous factors beyond our control including, but not limited to the Internet, computer or utilities failure, natural calamities, unexpected acts of public, restraints by governmental authorities, strikes, war, riots, attacks of virus, corruptive code and crashing of website. In either case, Picsmela shall not be liable to you for any loss or damage. You further agree that under no circumstances, including but not limited to negligence, shall Picsmela or its affiliates be liable for any indirect or incidental damages that may result from the use of, or the inability to use the services offered by the Website.

Refund/Cancel

If you are not satisfied with the quality of prints or service(s) offered, please contact our customer care at support@picsmela.com. within two weeks of receipt.

If we verify that we have made an error or agree that manufacturing defects exist within the print product, we will re-run the order or issue a full refund.

 

Cancellation


Once print has been started or completed no refund can be given. If the order is cancelled prior to print (at artwork stage) the print order can be cancelled. In the event of cancellation prior to print any payment that have been taken will be refunded in full minus the cost for plating/imposing the artwork.

 

Return/Refund


Any item/s printed incorrectly by Picsmela will be refunded or reprinted at the customer’s request.

  • All returns should be sent to Suite: 201(2nd Floor),65 Elephant Road, Dhaka 1205,Bangladesh. All return items should be clearly labelled, well packaged and proof of posting/sending should be obtained.
  • Any item that is incorrect/faulty must be reported to Picsmela within 3 working days from date of receipt and information regarding the fault, quantity, invoice reference should be given.
  • All items that are to be returned must be returned within 3 days after the initial 7 day notification period.
  • All complaints will be dealt with within 3 working days from receipt. A full report will be supplied to the customer and remedial action and preventative action will be taken.
  • Any material already used will be charged.
  • If any order is cancelled, payment against such order will generally be refunded within 15 working days, but the refund process may take more time depending upon the payment service gateway provider’s clauses
  • Provided that received cashback amount (if any) will be adjusted with the refund amount. The refund will be initiated within the same payment channel i.e. if the customer pays via bKash, then the customer will be refunded through bKash. The customer cannot be refunded via any other payment channel
  • But Picsmela retains the right and has the right to consider/reconsider refund via another flexible channel(s) to make the refund system faster or to make it easier for the customer.
  • In case of refunding card payment, the refund will be returned directly to the customer's debit/credit card if customer claims a refund to his bank. Then we will be informed about it via SSLCommerzBD and take necessary initiatives. Card payment can be refunded only to the card holder's account via bank and cannot be refunded partially as per policy.
  • Shopping Credit / Reward Points cannot be cash refunded, only to be refunded as shopping credit/reward point

Indemnity/Compensation

You agree to indemnify/compensate Picsmela and its affiliates, including its directors, employees, service providers, content providers, and suppliers against any losses, claims or demands including legal fees, resulting from any violation of these Terms and Conditions of Service, or any wrongful activity related to your account by you or any other person using your account.

Feedback 

You agree to report any abuse of these terms and conditions of service or complaint at support@picsmela.com.

Copyright

All the text, images, graphics, sound files, animation files, video files, and their arrangement are the copyright of Picsmela and are protected by copyright laws. No part or parts of the Website may be modified, copied, distributed, retransmitted, broadcast, displayed, performed, reproduced, published, licensed, transferred, sold or commercially dealt with in any manner without the express prior written consent of Picsmela.