Terms of use
Hundred Pics Inc. and its related companies (collectively referred to as "HundredPics", "we" or "our") create and operate Web site Hundredpics.com that generates content from text and images that may at times be supplied by our users ("Customers") so that you can post and embed your own content (such as comments and photos) to the interactive content and then produce and purchase your own personalized products (such as album designs) (collectively "Products and Services").
1. REGISTRATION, YOUR ACCOUNT, PASSWORD AND SECURITY
Registration to HundredPics.com is free. To purchase or register at HundredPics.com Web site, you must be 18 years or older. If you, as a legal guardian to a child, allow access to the Hundred Pics Web site, it is your responsibility to determine whether any of the Products and Services and/or Content (as defined below) are appropriate for your child.
You agree that you are a person who can form a legally binding contract and that the information that you provide about yourself at registration and at check out ("Registration" field) is true, accurate, current and complete. You also agree to maintain and promptly update Your Information, especially your email address, since that is the primary way in which we communicate with you about your account and your orders. We cannot guarantee any User's identity given the difficulty of online user verification.
You are responsible for maintaining the confidentiality of your Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to notify HundredPics of any unauthorized use of your account or password.
2. MEMBER COUNDUCT
You understand that you, and not Hundred Pics, are solely responsible for all information, comments, data, text, photographs, messages or other materials ("Content"), that you upload and post onto the Hundred Pics Web site. Hundred Pics does not control the Content posted on our Web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Hundred Pics be liable in any way for any Content, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted on our Web site.
You agree to not use the Hundred Pics Web site and Products and Services to:
3. HUNDRED PICS' PROPRIETARY RIGHTS
You acknowledge and agree that the Products and Services and any necessary software used in connection with the Products and Services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property (copyright, trademark, patent, etc.) and other proprietary rights and laws. Hundred Pics's proprietary rights are outlined in greater detail below. Except as expressly authorized by HundredPics you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services or the Software, in whole or in part.
4. COPYRIGHT
All Content, excluding user posted content, located on our Web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Hundred Pics or its content suppliers and is protected by United States and international copyright laws. The arrangement and compilation of all content on our Web site is the exclusive property of Hundred Pics and protected by U.S. and international copyright laws. All software used on our Web site is the property of Hundred Pics or its software suppliers and protected by United States and international copyright laws. Content that you post on our Web site shall remain your property and you shall retain the copyrights that you originally owned to such content.
5. PAYMENT POLICY
Hundred Pics Payment Policy is based on the following conditions. We require 50% of the estimated project cost up front.
When making the album design order, the Client shall prepay the first half of estimated project cost. Note that total project cost is calculated depending on the chosen parameters and technical characteristics of the album to be designed.
Once the album design is approved (by clicking “Approve” button), the Client shall pay the rest part of estimated project cost.
We do not offer refund for that 50 % upfront payment as it includes charges for the following services: uploading photo images to Hundred Pics server, size and format conversion of loaded images, basic photo retouching and further work on photo album processing and its design concepts realization.
If in the process of photo album processing, the Client or the Guest invited to the project by the Client (for participation in album design discussions, work reviews and approval) requests changes to the album design that greatly differ from the previously accepted technical task, the performance of those changes will result in increasing the total project cost in accordance with scope of requested changes.
The Client (account holder) shall make an additional payment for requested changes performance at the negotiated price.
6. TECHNICAL TASK FORMULATION AND PHOTO ALBUM DESIGN PROCESS
Order Submission
On this stage the Client shall provide us with all needed information for photo album design creation; name the project; create and name needed amount of photo albums inside the project; determine their characteristics like size, number of pages or spreads; choose the style of albums to be designed in.
Album Spreads/Pages Layout
Having made the upfront payment, the Client shall upload a set of photographs to be used in photo album design to their account.
It is the Client who bears full responsibility for the artistic execution and quality of uploaded images. Hundred Pics is not responsible for technical, compositional and other characteristics of the uploaded images by the Client.
The Client or the Guest invited by the Client to the project shall lay out uploaded images by spreads/pages leaving comments to each/some spreads/pages with their design concepts, recommendations and wishes about the album to be designed.
The Client agrees that after he\she or the Guest invited by him to the project clicks the “Submit” button, the chosen spreads/pages layout and comments to them are to be considered as the technical task the future photo album will be designed accordingly to. That technical task cannot be altered or cancelled during the whole process of photo album design.
The Client shall take into account and follow the recommendations from Hundred Pics while laying out photos by spreads/pages. The Client also acknowledges a right of the Designer to implement his own design solutions working on photo album design only if those solutions do satisfy technical task requirements.
The Client agrees that all changes of technical task requested within process of album design creation on his own initiative or on initiative of the Guest invited by him to the project will result in performance of additional works on photo album design by Hundred Pics. Correspondingly, the total project cost is to be increased in accordance with requested changes scope. Note, those changes will be concerned and carried out only after additional costs are added to total project cost.
Photo Album Design Approval
After work on the photo album design is finished, the Client has the right to review the designed album and accept it. At his account, the Client will be able to view spreads/pages of the ordered album.
In case if the Client or the Guest invited to the project by the Client wants to make changes or corrections that do not differ from the previously accepted technical task, they are to leave comments to each spread/page in the corresponding field located at the bottom on each spread/page and click the “Rebuild” button.
The Client shall attentively and in a responsible manner review ready photo album and leave comments with its corrections, as HundredPics is to perform additional changes to the album only ONCE.
Requested changes to the photo album design that do not differ from the previously accepted technical task will be concerned and performed by Hundred Pics in short terms and without increasing the total project cost.
After performance of all requested changes to photo album design, the Hundred Pics uploads remade photo album to the Client’s account to be finally approved and paid for.
The Client agrees that all further work on photo album design regarding additional corrections and changes requested by him or by the Guest invited to the project will be carried out only after additional costs will be calculated and paid by the Client to Hundred Pics.