Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Use of Materials on this Website

PictureU.com maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) ("Content") is the property of PictureU.com and its licensors and partners. Without PictureU.com's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page. 

Your Submissions

PictureU.com likes to hear from you. Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. 

By submitting and/or posting Content to the website, you automatically grant to PictureU.com a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by PictureU.com or licensed to others by PictureU.com for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. 

As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. PictureU.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. PictureU.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If PictureU.com becomes aware of any communication that allegedly does not conform to these Terms and Conditions, PictureU.com may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. PictureU.com has no liability or responsibility to you for performance or nonperformance of such activities. PictureU.com reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law. 

Disclaimer

PictureU.com goes to great extent to proof and filter out any photographs or content that may deem to be harmful, obscene or inappropriate. By clicking "I ACCEPT" you relieve PictureU.com and any of its clients, partners or affiliates of any liability or harm that may be cause by the posting of any and all pictures posted on this website. If at any time you find a picture that seems to be inappropriate or obscene and you wish to have it removed, just let us know by selecting the ‘contact us’ button on the home page and we will review and remove it. Your use of this website is at your own choice and risk. PictureU.com does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. PictureU.com does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. PictureU.com reserves the right to correct any errors on this website, including pricing errors (in which case you will be given the option to cancel your order). If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, PictureU.com is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PICTUREU.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. PictureU.com does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you. 

Limitation of Liability

NEITHER PICTUREU.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PICTUREU.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you. 

Links

PictureU.com has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by PictureU.com of these sites. Your linking to any other pages or sites is at your own risk. You agree that PictureU.com will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy. 

Termination

You agree that PictureU.com may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of PictureU.com or any third party, or for any reason with or without notice to you. You agree that PictureU.com may modify or discontinue this website, with or without notice to you. You agree that PictureU.com will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Use of Materials on this Website," "Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website. 

General Provisions

PictureU.com controls and operates this website from its headquarters in Atlanta, Georgia, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in Fulton County, Georgia, and you hereby agree to submit to the personal jurisdiction of such courts. 

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of PictureU.com and others. Nothing contained on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of PictureU.com or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited. 

Copyright

All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of PictureU.com or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of PictureU.com and protected by U.S. and international copyright laws. All software used on this website is the property of PictureU.com or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited. 

Password

For every picture taken a unique sequence of numbers is given to those who are in the pictures. This sequence of numbers represents a password and is necessary in order to locate and retrieve each picture. You will be responsible to maintain the confidentiality of your password, and will be solely responsible for all activities that occur under your password. 

Our Address

PictureU 8601 Dunwoody Place, Suite 560 Atlanta, Georgia 30350 www.PictureU.com 

Privacy Policy

Introduction

PictureU, Inc. ("Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.mybpsphotos.com (our "Website") and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
• On this Website;
• In e-mail, text and other electronic messages between you and this Website;
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy;
• Through enrollment in various PictureU programs and services;
• When you interact with Company’s representatives and employees, including, but not limited to the Company’s customer service department and photographers; and
• When you participate in telephone, paper and online polls, surveys, contests and sweepstakes.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not provide information and/or not to use our Website; however, you may be unable to purchase products and services from us and may be unable to use certain portions of the Website. By providing us with information and/or accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. However, we will treat your Personal Information in accordance with the Privacy Policy that was in place at the time we collected your information.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the address at the bottom of this policy.

Information We Collect About You and How We Collect It
We collect several types of information from you, including information:
• By which you may be personally identified, such as name, postal address, e-mail address ("personal information"); and
• About your Internet connection, the equipment you use to access our Website and usage details.

We collect this information:
• Directly from you when you provide it to us; 
• Automatically as you navigate through the website. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.

PictureU obtains consent for the collection, use and/or disclosure of Personal Information at the time of collection.

Information You Provide to Us. 
The information we collect through our representatives and/or on or through our Website may include:
• Information that you provide to representatives, including, but not limited to, Personal Information.
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies. 
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
• Details of your visits to our Website, including traffic data, location data and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system and browser type.
• The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:
• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies.
• Web Beacons. Pages of our the Website and emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an e-mail] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  

How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To process product orders and returns.
• To present our Website and its contents to you, including, enrollment in and registration for PictureU programs and services.
• To provide you with information, products or services that you request from us.
• To communicate information and special offers from PictureU.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• To better understand and analyze your needs and preferences.
• To develop, enhance, market and provide products and services to meet those needs and preferences.
• To notify you if you win a contest or sweepstakes, and to provide the contest or sweepstakes prize to you.
• To Ship products to those individuals that provide product reviews to or on behalf of PictureU.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to communicate special offers from third-party corporations or other organizations (“Partners”) that have an agreement with PictureU to provide promotional offers and discounts to you. If you do not want us to use your information in this way, please notify us in writing PictureU, Attn:  Privacy Officer, 8601 Dunwoody Place, Suite 560, Atlanta, GA 30350.
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
In addition, the Company provides customers who have photographs taken while in a Bass Pro Shop store a web page on PictureU.com for their baby that may also be linked to Bass Pro Shop or the individual store’s web page.  Customers must provide consent to this service prior to a Bass Pro Shop Page being posted to the Bass Pro Shop Page® section of PictureU.com. (A “Bass Pro Shop Page” is a page on the Website where photographs and information about a particular customer  is posted.)  The following information may be displayed on a Bass Pro Shop Portrait Page: customer’s first name, and date and time of the photograph.  Depending on the store where your photographs were taken, you may have the option to password your Bass Pro Shop Portrait Page using the “edit Customer Info” link within Bass Pro Shop Portrait Page, or the My Account link in the Website header.  When the Bass Pro Shop Portrait Page is password protected, only those individuals whom you invite to view Bass Pro Shop Portrait Page are able to do so.

Disclosure of Your Information
We may disclose aggregated information about our users and information that does not identify any individual, without restriction. 
We may disclose personal information that we collect or you provide as described in this privacy policy:
• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of PictureU's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by PictureU about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• To comply with any court order, law or legal process, including responding to any government or regulatory request.
• To enforce or apply our terms and conditions or terms of sale and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PictureU, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 
• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also request access to Personal Information held by PictureU by contacting PictureU at the address provided ta the end of this policy.  PictureU may request sufficient information from you (including passwords) to verify your identity and the existence, use and disclosure of Personal Information held by PictureU.  

You may challenge the accuracy and completeness of the Personal Information contained in the PictureU database and have it amended as appropriate. PictureU amends the Personal Information contained in the PictureU databases to address inaccuracies or incompleteness of the Personal Information when you notify PictureU of such inaccuracies or incompleteness.  When PictureU does not resolve a challenge to your satisfaction, the PictureU database will reflect the unresolved challenge.  If PictureU does not provide access to all the Personal Information it holds about you, it will provide the reasons for denying such access to you.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at the mailing address at the end of this Policy.

Data Security

We have implemented administrative, technical and physical safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.  You agree to immediately notify PictureU of any unauthorized use of your password or username or any other breach of security. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

PictureU
Attn: Privacy Officer
8601 Dunwoody Place, Suite 560
Atlanta, GA3 30350