Picturebook Makers Gallery Terms of Service

The Picturebook Makers Gallery (the “website”) is owned, operated and provided by dPICTUS Ltd (“us”, “we” or “our”).

By using our website, you agree to our Terms of Service and Privacy Policy, which together will form a legal contract between us and you. If you do not agree to the contents of these documents, you must not use our website.

We will notify you of any significant changes to our Terms of Service and Privacy Policy by posting a message on your account page (and, in relation to our fees and/or payment terms as detailed in section section 4g of our Terms of Service, by sending you an email). Your continued use of our website after these documents are updated will indicate your agreement to any changes.

If you have any questions or comments, please email us at [email protected].

The following terms were last updated on 12 April 2017.

About the Picturebook Makers Gallery

1. Short Description

The Picturebook Makers Gallery features illustrations, development work, photos and work in progress from world-class picturebook artists.

2. Company Details

Our company name is dPICTUS Ltd. We are registered in England and Wales with registration number 08145997. Our registered address is Windmill Cottage, Guildford Road, Frimley Green, Camberley, Surrey, GU16 6NZ, United Kingdom.

Membership

3. Membership Terms

  1. The Picturebook Makers Gallery is accessible to members with a valid password, preferably using an up-to-date web browser such as Chrome or Safari. There is a membership fee to join, which you can pay monthly or yearly. The fee is discounted if paid yearly.
  2. If you agree to our Terms of Service and Privacy Policy, you will automatically be granted a non-exclusive licence to use our website on the terms set out here.
  3. You agree that all the information you provide will be accurate at all times, and that you will keep this information up to date.
  4. Your login details may only be used by you, and you are responsible for the security and confidentiality of your account and login details. If you believe that your account has been compromised (e.g. unauthorised use of your login details), please email us at [email protected].
  5. You agree that all “content” (text, images, files, and other materials) on the Picturebook Makers Gallery is protected by intellectual property rights, and you shall not use, reproduce, modify, copy, publish, transmit, distribute, upload, display, sell or otherwise exploit any of this content without written permission from the respective owner (whether that be us, one of the featured artists or a third party).
  6. When using our website, you agree not to do anything unlawful, or which is likely to infringe any rights of us, other members, the featured artists or a third party. You agree not to do anything which may interfere with or harm our website, or which is against the spirit of our Terms of Service, including but not limited to knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, and including uploading any content which: is defamatory, obscene, offensive, hateful or inflammatory; or infringes any copyright, database right or trade mark of any other person; or is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or promotes any illegal activity or unlawful act.
  7. You agree to comply with all applicable laws, rules, and regulations regarding online conduct in your territory when using our website.
  8. We reserve the right to refuse or discontinue access to our website to anyone for any reason.
  9. We provide technical support and assistance to our members via email. We correspond in English only.

4. Fees

  1. When you join the Picturebook Makers Gallery, you will automatically receive a free trial. Card details are required to start your free trial, but your card won’t be charged if you cancel during the free trial. After the trial, there is a fee to access the gallery, which can be paid monthly or yearly. The fee is discounted if paid yearly.
  2. With a monthly billing plan, you will be charged in advance on a monthly basis. With a yearly billing plan, you will be charged in advance for the upcoming year.
  3. If you change from monthly billing to yearly billing, you will be immediately charged for a full year, and your monthly payments will stop. If you change from yearly billing to monthly billing, you will be immediately charged for the upcoming month and each month respectively, and your yearly payments will stop.
  4. You agree to provide valid payment details and authorise our third party payment service provider, Stripe, to collect the applicable fees. You agree to keep your payment details up to date, and you confirm that you are authorised to use your chosen payment method. You also agree to pay any applicable taxes. The issuer of certain payment methods may charge a foreign transaction fee or related charges, so we recommend that you check with your bank for details.
  5. If we are unable to process your payment method, you will not be able to access the gallery content until the outstanding fee has been paid. If we have still not received this fee after 15 days, your membership to the gallery will be cancelled. We will try to resolve any payment issues with you by email before cancelling your membership.
  6. Refunds and partial refunds are considered on a case-by-case basis. If you are unhappy with any part of our service or website, please email us at [email protected].
  7. If we change our fees and/or payment terms, we will provide a minimum of 30 days’ notice by posting a message on your account page and by emailing you. We will also update our Terms of Service.

5. Cancellation

If you are on a monthly billing plan, you can cancel your membership at any time. If you are on a yearly billing plan and then cancel, your plan will not renew the next year. If you wish to cancel your membership, click the ‘cancel membership’ link on your account page.

Other terms

6. Data protection and privacy

Any personal information that we collect from you as you browse and use our website will be used in accordance with our Privacy Policy.

7. Intellectual property rights

  1. All intellectual property rights including copyright in the content and elements of our website is owned by dPICTUS Ltd or the respective owners (whether that be our featured artists or a third party). All rights are reserved.
  2. If you believe that anything on our website infringes your intellectual property rights or the intellectual property rights of a third party, please email us at [email protected].

8. Emails

We cannot guarantee that you will receive all of our emails due to a number of potential issues, such as spam filters, full inboxes, email throttling and network issues. Please add [email protected] and [email protected] to your ‘safe senders/whitelist’ for a greater chance that our emails will reach you.

9. Liability

  1. Our website is provided “as is” and “as available”, and you agree that you use it at your own risk. We will always try to ensure that all aspects of our service and website are kept to a high standard and meet your needs, but we do not provide any kind of warranties and cannot guarantee that our website will always be available or uninterrupted, nor that our website will be free from errors or omissions.
  2. Unless otherwise prohibited by law, you agree that we will not be liable for any kind of loss or damages relating to your use of (or inability to access) our website, or arising from any activity that occurs under your account.
  3. You agree to indemnify, hold harmless, and defend us from any claims, costs, damages, losses, expenses or other liability as a result of any activity that occurs under your account.

10. Third party websites

We do not have control of any third party websites linked to from our website. You visit these websites at your own risk.

11. Modifications

We reserve the right to modify or discontinue any part of our service or website, with or without notice.

12. Miscellaneous

  1. Our Terms of Service and Privacy Policy and any documents referred within them make up the entire agreement between you and us. This takes the place of any previous agreements.
  2. If we do not take action on any breach of our Terms of Service immediately, we still have the right to take action at a later date.
  3. If any part of our Terms of Service is found to be invalid, then that part will be removed or edited, and the rest of the terms will remain valid.
  4. A person who is not a party to our Terms of Service shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our Terms of Service.
  5. We may at any time assign, subcontract, delegate or deal in any other way with any or all of our rights and obligations under our Terms of Service.
  6. You shall not assign, subcontract, transfer or deal in any other way with any of your rights and obligations under our Terms of Service.
  7. Our Terms of Service are governed by English law, and are subject to the non-exclusive jurisdiction of the courts of England and Wales.

Thanks for reading our Terms of Service. If you have any questions or comments, please email us at [email protected].