THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND PICAWALL.COM CAN STOCK PHOTO (“COMPANY”). BY ACCESSING THIS SITE, DOWNLOADING ANY CONTENT, OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
This Site is owned and operated by picawall.com. All images on this web site are owned by picawall or its partners / contributors and are protected by International copyright laws and international treaty provisions. Picawall retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from 123RF, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, picawall reserves the right to terminate this site without notice.
- AUTHORIZED USE
Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by picawall.com. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the picawall.com End User License Agreement (EULA) and any relevant Licensing Agreements.
- LINKS TO THIRD PARTY SITES
Picawall provides links to third-party sites as a convenience to you. Picawall does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by picawall.com of such sites. Picawall.com is not responsible for the content of any linked sites.
- LIMITED WARRANTY
com represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.Picawall.com warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
- YOU REPRESENT, WARRANT AND COVENANT THAT:
- You are at least 18 years of age and have the right to enter into this Agreement;
- You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
- Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- The information you provide to picawall.com is accurate and true, including without limitation all credit card information;
- You agree that all passwords to your picawall account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
- terminate this Agreement immediately with notice to you
- retain all unpaid payments pursuant to this Agreement and
- seek any legal or equitable remedies.
- INCORRECT PRICING AND INFORMATION
com has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content’s information is incorrect or the Content is priced wrongly, in such situation picawall.com has the right to cancel the transaction and refund the payment, if the transaction has been made.
- LIMITATION OF REMEDIES
- Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
- No Monetary Damages: Under no circumstances whatsoever will picawall.com be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if picawall or a distributor authorized by picawall has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully defend and indemnify picawall.com, its employees, directors, and officers, and anyone else associated with picawall.com, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising from the breach of the warranty above or these Terms.
com reserves the right to change and amend the prices of any credit / subscription package or the credit download rates and download sizes without prior notice to you. However, picawall.com will always endeavour to notify you of any impending price changes.
- SUBSCRIPTION PLANS
- Subscription plans cannot be upgraded nor downgraded upon download of the first Content.
- There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems. Picawall.com will fully reimburse the “lost days” only if the picawall.com server is inaccessible worldwide (i.e. system down) for a continuous duration of 8 hours or more.
- SUBSCRIPTION PLANS
- Subscription Content will no longer be available for download once the subscription period ends.
- Auto Renewal subscription plans will be automatically renewed 3 days before it expires. You can cancel Auto Renewal at any time on our site (go to ‘My Account’ and update ‘My Purchased Plan’) or by contacting our support team.
- CREDIT PLANS
- Credit Plans purchased cannot be downgraded. Upgrades however, will be entertained.
- Credits will expire within 1 year from the date of purchase.
- Credits are valid for use anytime within a year of purchase.
- NO WAIVER
Failure by picawall.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
- LEGAL FEES
If picawall.com is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse picawall.com for its legal fees, costs and disbursements if picawall.com is successful.
- ENTIRE CONTRACT
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and picawall.com, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and picawall.com relating to the subject of this agreement. The explanations to FAQ’s and other explanations and content provided in picawall.com website are for your information only and are not, and shall not be construed as, part of this agreement.
Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.
THIS AGREEMENT WAS ORIGINALLY COMPOSED IN ENGLISH AND WAS SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF SUBSEQUENT TRANSLATIONS CANNOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ENGLISH VERSION AND ANOTHER LANGUAGE VERSION, THE ENGLISH VERSION TAKES PRECEDENCE.