Terms of Service
Welcome to www.mipic.co, The "Site". miPic Ltd, trading name: miPic ("Company", "we" or "us") provides you access and use of this Site and related services as described below (collectively, “Services”) subject at all times to these Terms of Service (the "Terms"). You may only use our Site and App (and the services provided through our website) if you agree to these terms.
By accessing or using the Site, App or Services, you agree to abide by these Terms, and you further agree that such Terms constitute a binding contract between you and the Company.
We reserve the right to change or revise these Terms of Service at our sole discretion, the website and app service at any time. Any changes to our Terms will be highlighted at the top of this page and sent to our users via email.
Any changes made to our Terms of Service will come into effect as soon as they are posted onto our websites and your use of our Website and App (or of any services provided through our website) will be immediately subject to the amended terms. You are expected to check this page to take notice of any changes we may have made, as they are binding on you.
Our Website provides access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not necessarily limited to:
- The ability to upload digital images to our website via our iOS app
- The ability to order prints of digital images that have been uploaded to our website
- The ability to order other items on which we can print images that have been uploaded to our website
- The ability to order other products or services through our websites
- The ability to receive a Seller commission fee upon public sale of a user digital Image
Your Account
To gain access, register and use our website, app and use the services offered by us. You agree that you:
- Are of legally sufficient capacity to form a binding contract;
- At least 13 years of age;
- Will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service.
- Under 13 years of age are not permitted to use the Service
Subject to these terms you may open an Account to use our Service by completing the Registration Form or by using the associated Social media gateways.
You must: Complete the registration by providing true, accurate and complete information requested on the registration form. Maintain the accuracy of the “Registration Data”, other account / billing information and provide a Username and Password.
During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, miPic may terminate your account at any time without notice.
Each registration is for a single user only.
You will need to provide a password in order to access your account and the Images, which have been uploaded to it. We do not permit you to share your password with any other person. You must keep your password secure at all times. You are entirely responsible for the confidentiality and use of your user name and password.
You may not use the account, username, or password of someone else at any time. You will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure.
You the Users are responsible for all electronic transactions and communications including without limitation orders to purchase Merchant Offers/Discount Certificates, account registration and other account holder information, email, financial and other content ("Electronic Communications") entered through or under your user name and password. The Company will act as though you have authorized any User Communications received under your account.
Users agree to notify the Company immediately of any unauthorized use of your account.
Users under the age of 18 years old may use the Service, with or without registering, only with the consent of your parent or guardian and must be over 13 years old.
Once User registration is activated (and until your account is terminated) you will be able to upload images to our Website via the iOS app and (subject to agreeing any additional terms which are applicable) request services to be supplied by us the Company (such as the printing of uploaded images).
Use of Service Description
miPic is a social platform and online marketplace for the reproduction of art & photography (Images) uploaded via the Apple iPhone or iPad. Images can be uploaded via an iOS app and can then be purchased by the general public through the miPic gallery website. Registered Users (Sellers) have their own unique marketplace (Gallery) to showcase uploaded Images and have the ability to buy their own Images.
Image Reproduction is printed onto a variety of professional archival media (in various sizes) across a range of physical products which we may change and introduce new products at our sole discretion at any time.
Purchase and Sale Image Reproductions
Sellers
Sellers are iOS users who use the miPic app (available on iOS only) to upload Images to their miPic account. Images then appear online for sale through a users own personal miPic marketplace.
Sellers are solely responsible for their Images and obtaining all necessary rights to allow them to advertise Images for Reproductions via our Service (example, obtaining releases from subjects in their Images). The Company cannot and does not control, endorse or guarantee the accuracy, integrity, quality and disclaims any liability of any and all Images, Digital Images and Reproductions.
In the event that a Buyer chooses to purchase a User (Sellers) Image, the Company will compensate the User with a financial commission (on a per sale basis). This is deposited into the Users Account wallet.
Commission payments to a User (Seller) will be issued through Paypal. To receive payment, Users must provide a valid Paypal account and update any details as a consequence of any changes. User Commission is deposited into the User’s Account wallet following a 14 day processing period, commencing on the date of purchase. Upon completion of this processing period, Users can withdraw their 'Available Balance' to Paypal.
Buyers
Buyers are composed of the general public, i.e. anyone who visits the miPic website with an intention to purchase physical Reproduction Images. All Images uploaded to the website can be purchased, with the exception of artworks which are marked ‘Private‘ on upload. These ‘private‘ works can only be viewed and purchased by the uploader via their own miPic account.
Community
This comprises of Buyers, Sellers and anyone who holds a User account. The website allows members of the community to uploaded Images, ‘like’, ‘comment’ and interact with other users and share across other social media platforms.
The Company’s Service is to connect the Buyers and Sellers through a social community and facilitate payment of money and distribution of the Product to complete a transaction.
Modifications to Service
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Digital Downloads
Licence and Permitted Use
miPic allows artists to offer high-resolution digital wallpapers of their artwork for purchase and download. By purchasing a digital wallpaper through the Service, you agree to the following terms:
- Your purchase grants you a personal, non-exclusive, non-transferable licence to use the downloaded file for personal enjoyment only.
- You may use the file as a wallpaper on your personal devices (phone, tablet, computer).
- You may not use the file for any commercial purpose, including but not limited to: resale, print-for-resale, merchandise, advertising, or promotional materials.
- You may not share, redistribute, sublicense, or make the file available to any third party.
- No rights, licences, or permissions beyond personal use are granted by this purchase. Copyright remains entirely with the artist.
Downloads and Expiry
- Download links expire 7 days after purchase.
- A maximum of 5 downloads are permitted per purchase.
- You are responsible for saving your download page link. miPic does not send the download link by email.
- Once a download link has expired, it cannot be reissued.
Refunds
Digital wallpaper purchases are non-refundable once the download link has been generated. If you experience a technical issue preventing you from downloading your file, please contact support@mipic.co within 7 days of purchase.
Pricing and Fees
- Artists set their own prices for digital wallpapers (£1–£250).
- miPic charges a 25% platform fee on each sale. The remaining 75% is paid to the artist.
- All prices are displayed inclusive of the platform fee.
Limited Editions
Where an artist has set a limited edition quantity, once all copies are sold no further purchases will be available. miPic does not guarantee availability of any digital wallpaper.
Artist Responsibility
Artists who enable digital wallpaper sales are solely responsible for the content of their uploads and for ensuring they hold the necessary rights to sell digital copies of their artwork. miPic is not responsible for the content of artist uploads and makes no representations or warranties regarding the originality, quality, or ownership of any artwork offered for sale.
Payment Processing
All payments are processed securely by Stripe. miPic does not store your credit card or payment details. For information on how Stripe handles your payment data, please refer to Stripe's Privacy Policy.
Conditions of Sale
Fees
There is no charge for downloading our IOS app and opening a miPic account; however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services.
If you place an order for an Image Reproduction of a products or services, for which there is a charge, you will be required to supply your credit card or Paypal account details and other personal information so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card or Paypal account once the order has been accepted by us. You warrant that such information is true and that you are authorized to make the payment transaction.
In the event that you supply invalid credit card details or details of a credit card that belongs to someone else, we reserve the right to terminate your account at any time without notice.
You acknowledge that the Company reserves the right to charge for any portion of the Service and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Service.
You will promptly update all payment details and account information with as a consequence of any changes.
If you choose to purchase an Image for Reproduction via the Service (“Transaction”), you will be required to select a payment option and provide the Company information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment gateway. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the Transaction in accordance with the terms of such Transaction and these Terms.
When you order products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package including our products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as the Company has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
Disputes
You must notify us in writing within seven (7) days after receiving your payment statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: sales@mipic.co
Returns
All sales are subject to miPic’s then-current return policy. Please email us quoting your order number to sales@mipic.co with any queries you may have following receipt of your order. If your order is damaged or faulty, please take a photograph of your item and email it to sales@mipic.co
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
Use and Storage
The Company may establish limits for the use of its Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Company’s servers on your behalf.
You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Intellectual Property
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.
The Company name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
User Content
Any Images, comments, advice, statements, advertisements or other information or content expressed or made available on or through the Service, including without limitation Merchant Offers, Discount Certificates, etc. (collectively, " Service Content"), are solely those of their respective author(s), and Company hereby expressly disclaims all responsibility and liability regarding all such Service Content. It is the responsibility of each User to evaluate the accuracy, completeness and utility of all Service Content.
You may upload Images to our Website yourself through the iOS app. Images uploaded to our websites must be digital images. For further guidance and information on images and uploading please visit the FAQ’s page for help and tips advice.
We prohibit the uploading of certain types of Images to our website, we cannot control every image that is uploaded. It is possible that images or other material may appear on the Website, which are unlawful or offensive and contravene our restrictions on content set out above.
The Company is not responsible for such images or material but if you the Users become aware of any such images or material on our websites please contact us without delay and Flag the respective Imagery as inappropriate or email us.
We may at our discretion contact law authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our Website including the uploading or emailing of any images in breach of the restrictions on content. The Company may provide copies of any relevant images or material to the law authorities and in that connection may also give them access to any User personal data that is held by us.
The Company may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
The Company may refuse to provide any further services to anyone who breaches these terms of use.
You will indemnify The Company against any action, claim, damages, liability, costs and expenses arising out of:
- Any use by you or your guests of our websites in breach of these terms
- Any claim that the uploading of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
- Any claim that the processing, printing or other dealing by us of any images uploaded by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights.
Images uploaded by you will (subject to the restrictions in these terms) be available for viewing by you in a User Gallery page accessible through your Account using your Login details.
Users can share their Gallery with family and friends via social media, however all images will be accessible to the general public on the Home page Gallery and Search utility respectively, unless Image Privacy restrictions have been selected by the uploading User.
By posting User Content to any part of our Service, you hereby grant, and you represent and warrant that you have the right to grant, to miPic an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicensees to do the foregoing.
By sharing Images Users warrant that you have obtained all the necessary third party consents to permit you do so and further that the sharing of same does not infringe the rights of any third party.
The miPic community and general public are permitted to buy Reproduction Images on Printed media, submit comments and Flag offensive material in respect of Images which Users have given public access to. The Company will not be responsible for any action taken by website guests who have been given access to User accounts and their images.
You the User may delete any Images uploaded to your personal Account on our websites at any time.
User Conduct
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service.
The Company imposes restrictions which users agree to before using our Service
Users are not permitted to:
- Upload material which is defamatory of any person;
- Upload material which is pornographic, obscene, indecent or offensive;
- Upload material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Upload material that is likely to incite hatred or violence against any person or group;
- Upload material that is likely to deceive any person;
- Upload blasphemous material;
- Upload material which concerns or relates to any criminal act;
- Upload material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
- Upload material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
- Upload material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
- Upload material which is likely to harass, upset, embarrass, alarm or annoy any other person;
- Upload material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Upload material which gives the impression that it emanates from us, if this is not the case;
- Upload material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
- Upload material that breaches any applicable laws or legislation.
You represent and agree that you will not:
- Violate the security features of our Service
- Attempt to or access unauthorized Company content, data, programs or systems not intended for your use.
- Breach security or authentication measures without proper authorization;
- Probe, scan, or test the vulnerability of the Service or any associated system or network.
- Damage, disable, overburden or impair the Service
- Interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
- Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the hidden scripting or source code used by Company in providing the Service;
- Attempt to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Service;
- Upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
- Intimidate or harass another; or
- Use or attempt to use another's account, service or system without authorization from miPic, or create a false identity on this Service.
Mobile Services
The Service includes certain services that are available via a mobile device. These are: (i) The ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device, (iii) the ability to access certain features through an IOS Application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding miPic products and services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your miPic account information to ensure that your messages are not sent to the person that acquires your old number.
Copyright
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, please provide our Copyright Agent with the following information in writing (for further detail):
I. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
II. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
III. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
IV. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
V. A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
VI. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims Email: copyright@mipic.co
Apple-Enabled Software Applications
- miPic offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- miPic and you acknowledge that these Terms of Service are concluded between miPic and you only, and not with Apple, and that as between miPic and Apple, miPic, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be miPic’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- miPic and you acknowledge that miPic, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between miPic and Apple, miPic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to miPic as follows:
Email: info@mipic.co
miPic and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Rights
You retain all intellectual property rights, including copyright, in those images that you have uploaded to our websites or emailed to us where you already own such rights. We are the owner (or the licensee) of all intellectual property rights under our Service the miPic website.
We may delete, remove or refuse to display any material from your gallery at our sole discretion.
We may display, modify, print, transmit or distribute any of the images that you upload to miPic, in order to provide any of the services offered by us through our website subject to these terms.
It is a condition of allowing you to use our websites and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our websites and to allow us to process and otherwise deal with those images in accordance with these terms.
You may not upload, request us to print, or otherwise deal in relation to our websites, with any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of miPic or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without miPic’s prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of miPic or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of miPic under a separate agreement.
The technology and software underlying the Service or distributed in connection therewith is the property of miPic (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by miPic.
Links to Other Web Sites
The Service contains links to other web sites. miPic is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by miPic. If you decide to access these third-party web sites, you do so at your own risk.
Social Networking Services
We may permit you log in to the Service via various online third party services, such as social media and social networking services like Facebook, Twitter, Google+ and Instagram (“Social Networking Services”), and we may ask you to authenticate, register for or log into Social Networking Services through their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with this Terms of Service. For more information about the implications of activating these Social Networking Services and miPic’s use, storage and disclosure of information related to you and your use of such services within miPic, please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and miPic shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, miPic is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, miPic is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. miPic enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Data Protection – Privacy
miPic cares about the privacy of its Members. Personal data provided to us through our websites will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.
Disclaimers
miPic is not responsible for any Member Content, including Member Content that violates this Terms of Service or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. miPic is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. miPic DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. miPic assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. miPic is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will miPic be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the SERVICE or transmitted to Members, or any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND miPic DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. mipic.co CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL miPic BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF OUR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF miPic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, miPic’s LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO miPic FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Law and Jurisdiction
These terms (and the provision of products and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any products and services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold miPic, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
Other
These Terms of Service constitute the entire agreement between you and miPic regarding the use of the Service, superseding any prior agreements between you and miPic relating to your use of the Service. The failure of miPic to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. miPic may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you via email or other electronic means. To opt out of receiving electronic communications, email us at info@mipic.co
Questions, concerns or complaints
If you have any questions, concerns or complaints about material, which appears on our website, please contact us.
Complaints or claims must be notified to us within 7 days of receipt of products, or in the case of non-delivery, in a reasonable time after the products were expected to arrive.
Please also visit our FAQ page for more information.