1. Who We Are . "Picture Roller" and “PictureRoller.com” are trade names and service marks of Global Web Solutions, a company that owns and operates a family of websites including otkritka.com and postcardplaza.com (collectively “the Site”).

2. Definitions. Unless the context otherwise requires, the following expressions shall have the following respective meanings and terms defined in the text of this Terms of Use Agreement shall have the meanings respectively indicated:

1. Licensed Content means the artwork, clip art, fonts, drawings, pictures, photographs, music (including the compositions and sound recordings therein), sounds, text and any and all other materials or other media owned by Picture Roller or its licensors that are embodied in the Software, or provided separately, that an End User may include in connection with their personal use of the Software and their own Content to create a Show.
2. Content means an End User's photographs, drawings, pictures, photographs, audio and/or video recordings, text and any and all other materials created by or on behalf of the End User that an End User may include in a Show, including Licensed Content.
3. Show means an End User’s digital photograph slideshow that embodies Content, and may embody Licensed Content, created by using the Software or the Site.
4. End User means all individuals or entities accessing this Site for any reason as well as all individuals or entities that acquire the Software for personal or other use, but not for distribution or resale.
5. Software means the Picture Roller Website or Ahead software product known as Picture Roller (and any and all updates and upgrades thereof), together with the computer programs that implement the Site (including, but not limited to, scripts, codes, HTML markup, etc.), and includes any available associated end user license agreement, software user manuals, reference manuals and installation guides, FAQs, or portions thereof, either in electronic or printed form, and related components.
6. The terms “we” and “us” refer to Picture Roller, Inc, its affiliates, licensors, assignees, and related third parties.
7. The terms “you” and “your” refer to End User.

3. Modifications. We reserve the right to modify these Terms of Use and any policies affecting the Site. Any modification is effective as of the earlier of:

(a) The posting of the changes or new Terms of Use on the Site; or

(b) The distribution via electronic mail of the changes or new Terms of Use.

Your continued use of the Site after the effective date of any modification to these Terms of Use shall be conclusively deemed an acceptance of all such modification(s).

4. License and Site Access. We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any content, product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third person; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any page, Show, trademark, logo, Licensed Content, or other proprietary information (including images, text, page layout, or form) of the Site and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any Content created by you, the home page of the Picture Roller Site or our affiliates E-Stores so long as these links do not portray us, our affiliates or their products or services in a false, misleading, derogatory, or otherwise offensive matter, or imply that Picture Roller has created or endorses your Show. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, use of the Picture Roller software, or access to the Site for any commercial purposes.

5. Copyrights.

(a) Copyrighted material must not be placed on the Site without the permission of the owner(s) of the materials or person(s) they specifically authorize to grant permission. Only the owner(s) or such authorized person(s) may upload copyrighted material to the Site. Except as expressly provided by copyright law, copying, redistribution, or publication must be with our express permission and the owner(s) or such authorized person(s), if other than us. Permission must be specified in the document, on the Site, or must be obtained directly from us and the owner(s) or such authorized persons(s), if other than us. In any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author attribution or copyright notice are prohibited.

(b) When you use the Site, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photographs available to you and your friends, as well as to use images to offer you our special variety of online services, we need the rights to make use of your photographs and any other Content you have uploaded to the Site (in accordance with and subject to these terms, of course). Accordingly, as a condition to your use of the Site, you hereby grant Picture Roller a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Site by you. You shall remain the owner of all Content that you submit to the Site and you represent and warrant to Picture Roller that you are the owner of the copyright to Content you submit to the Site or that you have written permission from the copyright owner to submit such Content.

(c) All the information, Licensed Content, image files, software and materials on the Site are protected by U.S. and international copyright laws and by other applicable laws. Subject to Paragraph 5 above, You understand that Picture Roller is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Picture Roller has the absolute right to exclude you from the Site if you use our Site to violate the intellectual property rights of third parties.

(d) Picture Roller respects the intellectual property rights of others. Picture Roller claims no ownership rights in any image contained in any of your photos or Shows and will not share your Content unless instructed by you or otherwise required by law. However, you recognize that Picture Roller has no control over third parties who may link to your Content on our Site, and therefore cannot control who may be able to view your Content.

(e) You may upload public domain materials to the Site. However, you assume all risks regarding the determination of whether the materials are in the public domain.

6. Trademarks. Picture Roller and other marks indicated on the Site are service marks and trademarks of Picture Roller, Inc. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Picture Roller, Inc. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

7. Editing and Deleting Content. We reserve the right in our sole discretion to edit or delete any information, software, or other Content appearing on the Site, regardless of whether it violates the standards for Prohibited Content. We are committed to ensuring that our Site remains a fun and safe place to store and share photographs, Shows, and other Content. You are encouraged to use the Site to post creative material, including (without limitation) photographs, Shows, electronic postcards, digital images, links, and comments. To this end, we require that every user of the Site agrees not to use this Site to process, digitize, post, upload, store, share, distribute, market, sell or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:

(a) Materials we believe are abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

(b) Copyrighted material that is used without the express permission of the owner.

(c) Material that violates or encroaches on the rights of others.

(d) Material (including Content) that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the Site.

(e) Material that advocates or facilitates illegal activity.

(f) Material that harms minors in any way.

(g) Any links to the above.

Picture Roller has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted and/or uploaded to the Site may be subject to examination from time to time. You acknowledge that although Picture Roller does not and will not examine and review all Content submitted or transmitted to the Site, Picture Roller has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive, and you take sole responsibility for such exposure. Finally, you acknowledge that Picture Roller in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Picture Roller, Inc. (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Site, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

We are a distributor and not publishers of Content and other materials supplied by third parties and have no more editorial control over that Content than a public library or newsstand. We are not responsible for any opinions, advice, statements, services or other information that constitute Content and is provided by third parties. We do not guarantee the accuracy, completeness or usefulness of that Content. The End User is solely responsible for evaluating such Content.

8. Privacy and Publicity Rights. You represent and warrant to us that your Content will not violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password. You further authorize us, to the extent provided for in this Agreement, to add advertising to such Content. You represent and warrant to us that the addition of advertising to any of your Content will not violate the privacy and publicity rights of any person.

9. Termination or Removal without Cause. We may terminate or suspend your use of the Site and/or remove, temporarily or permanently, any Content you publish at any time without cause without any liability to you except as otherwise provided herein.

10. Termination or Removal with Cause. If you violate any of these Terms of Use, we may terminate or suspend your right to use the Site and/or remove any or all of your Content at any time without prior notice. If we terminate or suspend or remove your Content on this basis, you will not be entitled to any refund of any sum you have paid us.

11. Indemnification. You agree to indemnify and hold harmless Picture Roller, Inc. (including its officers, directors, employees, agents, licensors, suppliers, affiliates and any third-party information/content providers to the Site) from and against any and all claims, damages, losses and expenses, including reasonable attorney's fees and court costs, resulting from any violation of these Terms of Use or any activity related to your use of the Site (including but not limited to negligent or wrongful conduct) by you or anyone using your email address.

1 2 . Limited Warranty.

(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN THE EVENT THAT YOU ORDER A PICTURE ROLLER DVD OR PHOTO GIFT AND THIS MERCHANDISE IS DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT DELIVERED, PICTURE ROLLER'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR PICTURE ROLLER TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH MERCHANDISE, OR (II) REMANUFACTURE THE MERCHANDISE AT NO EXTRA COST.

(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PICTURE ROLLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PICTURE ROLLER MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. PICTURE ROLLER MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH PICTURE ROLLER'S SITE OR THAT ARE ADVERTISED ON PICTURE ROLLER'S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

We exercise no control whatsoever over the content of the information passing through and/or uploaded to the Site. We make no warranties of any kind, whether expressed or implied, for the service it is providing. We also disclaim any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although our current practice is to utilize reasonable efforts to maintain such confidentiality. We will not be responsible for any damage you suffer from use of the Site. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by Picture Roller's or its affiliates' negligence or your errors or omissions, or due to inadvertent release or disclosure of information sent by service interruptions or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via the Site is at your own risk. We specifically deny any responsibility for the accuracy or quality of information obtained through the Site.

13. Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, PICTURE ROLLER WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PICTURE ROLLER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED 0.00.

14. Minors. The Sites are intended for use only by persons 13 years of age or older. If you are under 18, you may only purchase items from us or our affiliates with the involvement of a parent or guardian.

15. Site Policies, Modification, and Severability. Please review our other policies, posted on this site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

16. Electronic Communications. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our main site. 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. See our Privacy Policy for more details.

17. Reporting Violations. If you become aware that any other person is violating any of the terms and conditions of this Site, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this Site has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.

18. Jurisdiction and Law. The laws of the State of Georgia, United States of America, will govern this Agreement. Each of the parties does hereby agree that any dispute will be decided by the state and Federal courts located in Atlanta, Gwinnett County, Georgia and agrees that that party is subject to jurisdiction of such courts in such locality.