Terms and conditions
Terms and conditions
Welcome to Picsera. Picsera is a photographer’s online digital lab. We handle the processing based on your guidance and instructions so you can practice your craft. Amongst the image processing services that we provide are Picsera color correction, retouching, andalbum design.
In order to employ Picsera’s services you must select to register and you must provide the registration information requested by the site. You represent as a condition of registration that the information that you provide Picsera is accurate and correct. You will be given a password to access your account. It is your sole responsibility to guard the password and not share it with others. You will be responsible for all activity done through your account. If you create an account at a retail store with the assistance of a sales person, you must not provide the sales person or let the sales person see your private account registration information.
You make a submission by selecting “Get Estimate.” The system will provide you an estimate. If you choose to proceed based on the estimate continue to place your order and pay the estimated amount with an approved payment method. You can then upload an image or group of images to Picsera either through the Picsera web uploader or through the Picsera FTP site. Upon uploading you will receive an Upload Complete Confirmation. The number of images provided must match order. If the number of images that you upload do not match the order one of two things will happen. If the price difference is 10% or less of the estimate, the difference will be charged or credited to your credit card and the order will proceed. If the price difference is more than 10% of the estimate you will be sent an e-mail with a new estimate. You will have seven (7) days to either reject the estimate or cancel the order to accept the estimate and have your order immediately proceed. If you do nothing, at seven days you will be deemed to have accepted the estimate, the difference will be charged or credited to your credit card and the order will proceed. If you did not use a credit card to pay for the order or if a charge to your credit card is declined you will have to arrange for payment of any shortfall before the order may proceed.
Once the image is uploaded and any pricing adjustments have been made, Picsera will send you an email confirmation. By selecting “Start Editing My Photos” in the confirmation e-mail you will instruct us to immediately begin processing the images. If you do not select “Start Editing My Photos” or instruct us to cancel the project, after seven (7) days from the date of the confirmation e-mail Picsera will begin processing the images. The image(s) will be processed and, when completed, will be made available to you for downloading in zip format from the Picsera website and ftp site. Other delivery methods may be arranged upon request. While we do not guaranty delivery, Picsera will notify you of an estimated delivery date in your confirmation e-mail. Upon special request Picsera may be able to provide rush service at a price to be set by Picsera. Should Picsera notify you that you it will not be able to complete the project according to the above schedule you may cancel your order. If the project is cancelled your images will be destroyed.
Upon receipt of processed images from Picsera you will have fourteen (14) days to submit up to two (2) corrections requests per job. The corrections request must provide sufficiently detailed explanation of the alleged defects to allow Picsera to make the necessary corrections. If Picsera finds, at its sole discretion, that the corrections requests are reasonable and appropriate, it will make the corrections at no cost to you and re-deliver the corrected images. Examples of reasonable corrections include: change saturation, sharpness, or contrast levels, lighten or crop while maintaining aspect ratio.
Third Party Software Catalogs
You may submit images in third party software catalogs of a product and version approved by Picsera (e.g. Lightroom 5®). Picsera will process images in the catalog and return the processed catalog pursuant to the Submission guidelines. In order to maintain compatibility with the processed catalog, Customer should not perform any of the following activities:
1. Rename the original camera files stored on the customer’s hard drive while the job is being processed at Picsera; Any file renaming should take place before the catalog is exported and uploaded to Picsera or after the edited catalog is imported back into the third party software.
2. Delete the original camera files associated with the catalog or disconnect the hard drive containing the original camera files
3. Move images into different folders while the job is being processed at Picsera
You may submit Camera RAW or DNGs for processing and may request XMP files for delivery. In such a circumstance, Picsera will return XMP files which customer will download from Picsera and then copy into the folder on their hard drive containing the original files downloaded from the camera. In order to maintain compatibility with the Camera RAW files, customer should not rename the original camera files after submitting a job to Picsera and before the Picsera XMPs are copied onto customer’s hard drive.
Picsera tries to give you an accurate estimate of the cost of your project. Once the actual project is analyzed Picsera will provide you with the actual price. Should the cost of the service fall within 10% of the estimated amount, Picsera will either credit or debit customer credit card for the overage or underage. You authorize Picsera to make these adjusting charges or reimbursements to your credit card. For discrepancies greater than 10% of the Get Estimate Amount (either over or under), Picsera will place the job on hold and will attempt to reach customer via email. If Picsera does not hear back from Customer within two business days from the date of email, Picsera will attempt to reach customer by phone. If Picsera does not connect with customer by phone and a response from customer is not received within two business days after phone call attempt, then Picsera will cancel the order and credit the customer credit card by the 60th day following the date of purchase.
Picsera provides an optional “culling” service. If you select this culling service Picsera will review your images stored or submitted to Picsera and will organize them in groupings based on its own review of the content and relationship of the images. Images which are flawed or defective, in Picsera’s sole discretion, will be discarded. You always have the final choice on such matters. Any images that you don’t want deleted by Picsera’s culling process can be placed in a special folder called “Keepers.”
Our culling process is as follows:
1. First, Picsera reviews each image one by one and eliminates all “Clearly Defective” images. Clearly Defective images include images of your feet, camera misfires, test images of your assistant holding the light meter, someone’s unintentional back side.
2. Second we will remove the “Unusable Images”. Unusable Images are images that contain the correct subject but are severely over or under exposed and blurry.
3. Third we look at the remaining images to identify “Duplicates”. Duplicates are multiple identical shots. We will try to find the best one or two and remove the rest.
i. On formal family images, we will cull down to the best one or two for every pose.
ii. In bracketed group shots or exposures, we select the best of the series.
iii. At times we may keep an unusable image (poor composition or slightly blurry image), if it is the only one for a given pose or special moment.
iv. We may keep shots that stretch the boundaries of “useable” when emotion overrides the technical drawbacks.
v. Images of good technical quality may be omitted if they don’t contribute to the story or if they are out of context.
Culling is a very subjective process. By using the Picsera culling process you agree that you are responsible to keep copies of all of your images and you will not hold Picsera responsible for any culling decisions that it makes in selecting images. We generally recommend that if you want to use our culling service that you submit images in an approved catalog format (e.g. Lightroom). If you use an approved catalog format we will be able to cull your photos in a non-destructive manner. If you wish to submit the images without using an catalog format we ask that you create a special folder for photos that you want retained (not deleted).
Third Party Online Uploading
Picsera provides you the option to publish your images to your online photo image sharing or display site. In order to take advantage of this service you must provide your username and password for the third party site to Picsera. Picsera will exercise its best efforts to keep your password and user name secure but cannot guaranty that the information cannot be compromised. By using this service you agree to not make any claims or to hold Picsera liable for any unauthorized use or disclosure of your user name or password. By using this service you certify and warrant that you are the exclusive owner of all rights to these images and to any persons or objects displayed in them, including but not limited to copyrights, rights of personality and rights of publicity. You agree to indemnify and hold Picsera in the event of any third party claims arising from the uploading publication of your images.
Third Party Terms and Conditions
Picsera uses third party online data storage providers to temporarily store images that you upload to our site. Currently the online data storage provider that Picsera uses is Dropbox. By using our service you confirm that you have read and agree to our use of Dropbox for to store and transfer your photos and to the Dropbox terms and conditions. You can find the Dropbox terms and conditions at this link.
Rights to Your Images
Picsera appreciates your business and will never claim rights to your images except as necessary to provide its services. When you transfer images to Picsera you represent and warrant to Picsera that you either own your images or have written permission from the copyright owner to make such images available to Picsera. Furthermore, you hereby grant to Picsera, solely for the purpose of providing its services to you the non-exclusive right to copy, store, display, modify, distribute, transmit, and make derivative works of your images. If you violate these provisions and transmit the images of others without their consent, you are solely responsible for any copyright violations that are committed as a result of your actions and you agree to indemnify and hold harmless Picsera, its officers, directors, employees and agents from any resulting costs and liability.
Payments for Services
You can pay for services that are provided by us online. Payment will be made in the manner set forth on our payment page. In the event that your payment is dishonored or otherwise not made you agree that we may refuse delivery of your processed images, that we may charge a reasonable interest rate and that we will be entitled to recover all attorney’s fees and costs incurred in any collection action to recover moneys that are due through any mediation, arbitration, litigation and appeal.
REFUNDS WILL NOT BE PROVIDED FOR ANY EDITING SERVICES. If you are not satisfied with the work you receive, you may request a revision. Please refer to revision policy for details.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-PERIOD. In such a circumstance, you will continue to have access to your Subscription until the end of the current billing cycle
If you damage or lose images as a result of your failure to follow the instructions in these terms and conditions, you will be quoted an estimated time to complete the service and an hourly rate by Picsera to attempt to recover the images.
While using Picsera sites, services and tools, you will not:
post obscene, racist, offensive, derogatory, defamatory, scandalous or insulting content on our sites, should access to such posting capability be provided;
violate any laws, third party rights or our policies;
use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
fail to deliver valid payment for services rendered to you;
infringe the intellectual property of Picsera or of any third party;
transfer your Picsera account (including feedback) and User ID to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Picsera, or the interests or property of Picsera users;
copy text, code, copy or content from out sites;
copy, modify or distribute content from the Picsera sites; or
harvest or otherwise collect information about users, including email addresses, without their consent.
When you use any Picsera service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that Picsera is not responsible for any unauthorized third party access to communications or content exchanged between you and Picsera. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Subscription Services Cancellation
You can cancel your Subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent period in order to avoid being charged for the next period’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then current Subscription period.
Picsera outsources image processing services to subcontractors. Picsera requires the subcontractors to sign agreements strictly prohibiting them from copying or otherwise using your images for any purpose other than providing the processing that you requested. Picsera will promptly terminate use of any subcontractor that it suspects of misusing customer images or who presents a risk of doing so. Picsera is not liable to you if the subcontractor violates its Subcontractor Agreement or otherwise infringes your intellectual property rights. In the event of a breach affecting your intellectual property Picsera will assign all rights to you and provide you reasonable assistance at your expense in obtaining relief against the subcontract. By using our service you expressly waive any claims against Picsera related to any actions or omissions committed by subcontractors including but not limited to any claims for negligent supervision, wrongful employment or agency.
Notice for Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code
We take claims of intellectual property violations or copyright infringement related to content delivered to our sites very seriously. You may only submit to us digital images and other content that that you created or that legally belongs to you through assignment or inheretance. If you have a good faith belief that someone on our site has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide Picsera’s designated agent with the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g. trademark, trade secret or patent).
identification or description of where the material that you claim is infringing is located on the Picsera site, with enough detail that we may find it on Picsera’s website.
your address, telephone number, and email address.
a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Picsera’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail: Picsera’s DMCA Agent, 11151 NW 36th Ave, Miami, FL 33167
Picsera has implemented a policy that provides for the limitation, suspension or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Picsera and/or others.
Picsera Charges and Services
Creating an account with Picsera is free of cost. You are only charged for services that you are provided. Fees for our services are listed on the relevant order page on our site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed and interest using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
If you are given the facility to post content publicly to the site in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
THIS IS A SERVICES AGREEMENT. THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES TO THE FULLEST EXTENT PERMITTED UNDER LAW. ANY SERVICE MADE AVAILABLE PICSERA AND ANY RESULTING IMAGES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PICSERA WARRANTS ONLY THAT IT WILL ATTEMPT TO PROCESS IMAGES THAT ARE PROVIDED PURSUANT TO YOUR INSTRUCTIONS AND THAT THE RESULTING IMAGES WILL BE RETURNED TO YOU SUBJECT TO YOUR PAYMENT. PICSERA EXPRESSLY DOES NOT WARRANT THAT YOUR IMAGES ARE SECURE AND MAY NOT BE ACCESSED BY THIRD PARITES WITHOUT AUTHORITY. IF YOUR IMAGES DO NOT ADEQUATELY COMPLY WITH YOUR INSTRUCTIONS, ARE STOLEN BY A THIRD PARTY FROM PICSERA OR A THIRD PARTY SITE USED BY PICSERA, PICSERA’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PICSERA TO, AT ITS SOLE DISCRETION, EITHER (I) REFUND THE FULL AMOUNT CHARGED FOR THE SERVICE OF THE SPECIFIC IMAGES AT ISSUE, OR (II) TO REPROCESS THE PHOTOS AT NO EXTRA COST. EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PICSERA AND PICSERA AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PICSERA MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE WILL MEET YOUR REQUIREMENTS. PICSERA MAKES NO WARRANTY THAT THIRD PARTY SERVICES THAT IT USES IN PROVIDING ITS SERVICE TO YOU, THE CLIENT, ARE SECURE OR FREE OF VIRUSES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR VERIFYING THE SAFETY OF ANY CONTENT THAT YOU DOWNLOAD FROM OUR SITE OR ANY THIRD PARTY SITE THAT WE USE INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU WILL NOT HOLD PICSERA RESPONSIBLE AND PICSERA WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER IN EQUITY OR AT LAW ARISING IN TORT, CONTRACT, WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) FOR ANY LIABILITIES, LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, SERVICES OR THE ACTIONS OR INACTIONS OF THIRD PARTY SERVICES USED IN PROVIDING YOU THE SERVICES OR THE ACTIONS OF THIRD PARTIES IN ACCESSING YOUR IMAGES WITHOUT AUTHORITY OR IN THE HANDLING OF YOUR IMAGES. TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS ARE CIRCUMVENTED AND IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US, OR IF PAYMENT WAS NOT MADE THAT YOU WERE BILLED BY US, IN YOUR LAST ORDER FOR OUR SERVICES PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100. TO THE EXTENT THAT YOUR STATE DOES NOT ALLOW OR OTHERWISE LIMITS THE SCOPE OF THIS CLAUSE THIS LIMITATION MAY BE LIMITED IN SCOPE OR MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or sellers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
By using this service you agree that in further consideration for the services provided you agree that, for a period of one year from the last service provided, you will not solicit, directly or indirectly, Picsera’s employees or subcontractors to breach their agreements or terminate their engagements with Picsera. You consent to emergency injunctive relief without bond and an award of Picsera’s resulting attorney’s fees and costs in the event that you breach this covenant.
Robot, Spider, Scraper, usage Prohibited
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Picsera by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Picsera and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
You will indemnify, defend and hold Picsera (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms or any activity related to the service (including negligent or wrongful conduct) by you or by any other person accessing the service as your invitee, such as by using your account.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Picsera‘s national registered agent (in the case of Picsera) or to the email address you provide to Picsera during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
If a dispute arises between you and Picsera, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Picsera agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with this section or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through mediation.
Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions.
Arbitration Claims Under $5,000 – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief the dispute will be resolved by binding arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes before a single arbitrator panel. The AAA’s rules are available at www.adr.org. The AAA and the parties must comply with the following requirements: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction and shall not exceed $10,000.
Arbitration Claims for $5,000 or More – Any dispute or claim for $5,000 or more will be resolved by binding arbitration. If you are a U.S. resident the arbitration will be resolved pursuant to the commercial rules of the AAA before a single arbitrator panel. If you are not a U.S. resident the arbitration will be resolved pursuant to the International Dispute Resolution Procedures of the AAA. The arbitration will be conducted in Miami-Dade County Florida, U.S. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will be authorized to award attorney’s fees and costs to the prevailing party.
The Federal Arbitration Act and federal arbitration law apply to this agreement.
Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us and to the American Arbitration Association, 100 SE 2nd St Ste. 2300, Miami, FL 33131.
Notwithstanding the foregoing, a party may seek preliminary injunctive relief in a court of competent jurisdiction for any claims involving intellectual property.