The following terms and conditions (the Terms of Use) govern your use of this website, http://www.bepictureperfect.com, (the Website) and any content made available on or through the Website. By using the Website, you accept and agree to these Terms of Use.
You must be at least eighteen (18) years of age to use this Website. By using the Website and by agreeing to these Terms of Use, you warrant and represent that you are at least eighteen (18) years of age.
If you do not agree to these Terms of Use, you may not access or otherwise use the Website. We may change the Terms of Use at any time without notice to you, by posting such changes on the Website.
- Copyright
You retain all your rights to any Content you submit, upload or display on or while using the website.
- Proprietary rights
Unless stated otherwise, we, or our licensors, own all rights, title and interest in and to the Web Site, the content, code, data and materials thereon, the design and organization of the Web Site, and the compilation of the content, code, data and materials on the Website. Subject to the license below, all these intellectual property rights are reserved. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
- Limited license
Use of the Website and any services offered on or through the Website are only for your personal, non-commercial use. You may view the content on the Website and, unless otherwise indicated in these Terms of Use, download for caching purposes only, and make single copies or prints of the content on the Website for your own personal use.
- Prohibited use
Any commercial distribution, publishing or exploitation of the Website or any content, data, or materials on the Website, is strictly prohibited. You may not publish, reproduce, copy, post, display, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, data or material on or available through the Website for commercial purposes. You further agree that you may not alter, edit, or otherwise modify the content, data, or other material on or available through the Website. You also may not redistribute material from this Website, except for content specifically and expressly made available for redistribution.
- Indemnity
You hereby agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs and expenses, including attorneys fees, arising from your use of the Website, or your breach or violation of the law or of the Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Disclaimer
This Website, including all content, services, functions and materials made available on or through the Website, are provided as is and as available, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
We do not warrant that the Website or the content, services, functions or materials provided through the Website will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website or the provided services will meet users requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
We do not warrant the completeness or accuracy of the information published on the Website or that the material on the Website is up-to-date. We reserve the right to change or make corrections to any of the information provided on the Website at any time and without any prior warning. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
- Limitation of liability
Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we accept no liability whatsoever relating to any loss, expense, claim, or damages, whether direct, indirect or consequential, arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and the information on this Website, or any actions or transactions resulting there from, even if we have been advised of the possibility of such loss, expense, claim, or damages.
- Linked sites
Notwithstanding the fact that this Website may refer to and/or provide links to other websites, your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites. We also do not endorse, warrant or make any representations about the content, products, services, security or reliability of such other websites.
- Applicable law and jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa. Use of this Website and the related products and/or services shall therefore be governed by, and construed in all respects in accordance with South African law, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the South African courts.
- Contact information
If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Your Submissions
You may submit certain material to the website, including without limitation, photographic images, as part of your use of the Service (Submissions).
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. No adult-content may be uploaded or submitted to the website
Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
Any material sent from an anonymous or false address;
Any material that promotes bigotry, racism, hatred or harm against any individual or group.
The website reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that the website deems necessary relating to use or misuse of the Service. The website may request confirmation of the copyright or trademark ownership from the submitter. If the website does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, the website reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitters account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, the website reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.
We recommend you keep back-up copies of your Submissions on your hard drive or other personal system. The Service is not intended as a guaranteed back-up solution.
- Privacy Policy
Personally Identifiable Information (PII) is Information that identifies you, such as your name, email address or image, or that can be used to identify you when combined with other information, is personally identifiable information.
We ask for PII if you choose to register to use the Site, we may collect your name, email address, and date of birth during the registration process.
Personal Information we can gather from you while using the website that doesnt identify you personally, like your IP address, your operating system, your browser type and language, the date and time of your visit, as well as information about your ISP, referring URL, the search term that led you to the Site, your geographic region, the type of content you view, etc. We may do this by assigning your computer one or more cookies which may collect information about how you use the website; we may use standard Internet tools, such web beacons or cookies, which collect non-PII and track your use of the website.
We use the PII we request at registration in order to provide you with the services offered on the Site, including image hosting and sharing. There are some circumstances when we will share PII with trusted third parties, and others:
The website may disclose your PII: (a) when we are legally required to do so; (b) to protect the interests or safety of the website or Site users; (c) to another company if we are bought, or if we discontinue operations.
The website will use your email address to contact you to manage your account. The website will also: send you marketing and promotional materials regarding the website and its features; and send you marketing and promotional materials related to services offered on the website.
While the website has security measures to help protect the information under our control, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.
- Retention and Deletion
We keep your personal information only so long as we need it for the purposes for which it was collected, for the products and services that you are using, or to meet any legal requirements. We have retention standards, which meet these requirements. We destroy your personal information when it is no longer needed.