• Introduction
  • Welcome! You have reached a website and/or its subdomains and/or a portal, application, or other service (collectively, the “Site”) that is owned and operated by Public School Pictures, LLC. and/or its affiliates, related entities, divisions, subsidiaries, or parent companies (“Company,” “we,” “our,” or “us”). Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a binding contract between you and Company. If you are using the Services on behalf of a company or organization, you represent that you have permission and authority to represent such company or organization, and such company or organization will also be considered a party to the contract established by these Terms. 

    From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, your continued use of the Services after any such changes have been made means you agree to such changes. We will call your attention to any material modifications to these Terms, either directly by email or with a notice when you enter the Services. The amended Terms will automatically be effective when posted on this Site or on a date certain, as indicated. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate the Services for any reason or at any time.

    • Privacy Policy

    At Company, we are committed to privacy and security, and to providing the best possible user experience for our users. Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of your information consistent with the Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside. 

    • Users

    In agreeing to participate in the Services, you are joining a diverse group of different users of the Services, each of whom may participate in the Services in a different way with a different goal. Each user is referred to herein as a “User.”

    • Content & Ownership

    The Services contain different types of content and to each type, different sets of rights and rules will attach. In each case, “Content” includes videos, text, graphics, photographs, videos, illustrations, artwork, and other works of authorship. Each type of Content is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“IP Rights”). 

    You acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Company or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content (collectively, “Company Content”). Your use of the Services shall not grant you any claim of ownership over any Company Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Company Content, in whole or in part, without the prior written permission of Company. You may print copies of the Company Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Company Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Services on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company’s prior written approval. 

    For permission to use Content from this Site or from marketing material authored and distributed by Company, you must request written permission in advance and provide full attribution. Permission should be requested by contacting info@publicschoolpictures.com.  

    • Risk of Loss

    We may, in our sole discretion, terminate your use of the Services at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the Services. If your status as a permitted User of the Services is terminated for any reason, whether voluntarily or involuntarily, you hereby agree and represent, as a condition for your use of the Services, that you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of any information obtained from the Services, including but not limited to, all Content in your possession that originated with the Services. 

    • Prohibited Actions

    Company reserves the right to refuse service, cancel service orders, or remove or edit Content, in its sole discretion.

    By using the Services:

    • You agree, represent, and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Site and the Services. 
    • You represent that you are using the Site for a lawful purpose – you may not use the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
    • You agree not to access the Site by any means other than through a commercially available web browser.
    • You may not use the Site or the Services in a manner that could block access to, impair, damage, or otherwise disable Company or any of our systems, servers, or equipment. 
    • You agree not to access the Site by any automated means, including, but not limited to, by scraping or other methods of gathering information or data.
    • You may not attempt to gain unauthorized access to the Services or to any other User’s computer systems or networks through password mining, keystroke logging, hacking, or any other means. 

     

    • Security

    Violating the security of the Services is prohibited and may result in criminal and civil liability, along with immediate termination of your use of the services. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement. Examples of security violations include, without limitation, disclosing or sharing of Content beyond the permissions you have received, sharing or recklessly using any security credentials, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any Users, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

    • Submitted Materials

    Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Company should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

    Unless specifically requested, Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Company any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (collectively, “Submitted Material”), you grant Company a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment, or other content. If you send Company any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Company any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Company to use Submitted Material as permitted by the license in this Section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

    • Third Party Websites

    The Site may contain links to third-party services that take you outside of the Company Services (“Linked Services”). We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such Linked Services, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Services. When you follow a link to another service, that service will be governed by different terms and a different privacy policy. You should be sure that you read and agree to those policies.

    Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or throughout the Services, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Services, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

    • Mobile Features

    We may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to communicate with us and other Users, interact with content, or otherwise access features of the Services (collectively, “Mobile Features”). Additional terms may apply to your use of any Mobile Features. We may serve you some or all of our Mobile Features through an application that is owned and operated by us or by a third-party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.

    You agree that the Mobile Features may send communications to your mobile device regarding Company or other parties. Further, we may collect information related to your use of the Mobile Features. If you use any Mobile Features that require us to be aware of your mobile number, you agree to notify us of any changes to your mobile number to reflect this change.

    • Indemnification

    You agree to defend, indemnify, and hold harmless Company, its affiliates, related entities, divisions, subsidiaries, and parent companies, each of the foregoing’s officers, directors, employees, affiliates, and agents from and against any claims, losses, damages, fines, penalties, or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and/or (iii) your violation of any applicable law or third-party right, including, but not limited to, any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Services.

    • Disclaimers

    COMPANY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE OR WITHIN THE SERVICES, WHETHER PROVIDED BY COMPANY OR A USER. THE CONTENT AND INFORMATION INCLUDED AS PART OF THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SITE OR THE SERVERS THAT MAKE THE SITE OR OTHER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. COMPANY DOES NOT SPONSOR OR ENDORSE ANY PARTICULAR CONTENT, SPECIFIC USERS, OR CONNECTIONS BETWEEN USERS. COMPANY IS LIKEWISE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OR OTHERS THAT OCCUR OUTSIDE OF THE SERVICES, WHETHER ONLINE OR IN PERSON. IN ALL SUCH CONNECTIONS AND INTERACTIONS, EACH USER AGREES THAT THEY PROCEED AT THEIR OWN RISK. 

    • Limitation of Liabilities

    TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL COMPANY (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, OR EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    • Disputes Between Users; Release

    Any and all disputes between one User and another User of the Services (“User Disputes”) must be resolved between the parties to any such dispute. Company will not get involved and is not responsible for any interactions between Users of its Services and need not be informed of any User Disputes. For all such User Disputes, and for all other matters relating to your use of the Services, you hereby release and discharge Company (and its officers, directors, affiliates, agents, subsidiaries, joint ventures, and employees) from and against any and all claims, obligations, liabilities, judgments, demands, expenses, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such User Disputes. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor or released party.”

    • Claims of Infringement

    Company respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Company will disable and/or remove access to the Services for Users who are repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Designated Copyright Agent with the following information:

    DMCA Notice of Alleged Infringement (“Notice”)

    • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
    • Identify the material, or reference or link to material or activity, you claim is infringing and provide a description of where the infringing work, or reference or link to infringing material or activity, is located on the Services.
    • Provide your mailing address, telephone number and, if available, email address.
    • Include both of the following statements in the body of the Notice:
      • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
      • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • In the event any of the copyrighted work(s) you claim has been infringed is made available on the Services by a person other than Company and system caching as further set forth in the DMCA applies, also include the following statement with respect to such work(s) in the body of the Notice:
      • “I hereby confirm that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.”
    • Provide your full legal name and your electronic or physical signature.
    • Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:

    Copyright Agent
    Public School Pictures

    Email: info@publicschoolpictures.com  


    While Company considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that Content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.

    • Changes to Services; Termination of Services

    Company reserves the right, in its sole discretion, to modify features and functionality of the Services, and to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your access to and use of the Services. Company also reserves the right, in its sole discretion, to cease providing the Services at any time.

    • Severability

    If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Terms of Use will be severable and remain in full force and effect. 

    • Notice of Arbitration Provision and Waiver of Jury Trial

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

    Any and all disputes relating to or arising from the Terms of Use or the Privacy Policy, including disputes regarding the validity of this arbitration clause, shall be settled by a single arbitrator in an arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. This agreement to mediate and/or arbitration is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims and the right to a jury trial to the fullest extent permitted by law.  You should carefully consider this and other provisions of these Terms and Privacy Policy and have the right to consult legal counsel regarding this provision. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. 

    • General

    These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state or federal courts located in Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Company may assign its rights and delegate its duties under these Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets. Nothing in these Terms of Use constitutes a partnership or joint venture between you and Company. Company does not guarantee continuous, uninterrupted, or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. Sections 4 (Content & Ownership); 5 (Risk of Loss); 6 (Prohibited Actions); 7 (Security); 8 (Submitted Materials); 11 (Indemnification); 12 (Disclaimers); 13 (Limitation of Liabilities); 14 (Disputes Between Users; Release); 16 (Changes to Services; Termination of Services); 17 (Severability); 18 (Notice of Arbitration Provision and Waiver of Jury Trial); and 19 (General) survive any termination or expiration of these Terms of Use. Additionally, any provision that is, by its nature, intended to survive termination of these Terms will so survive. 

    • Contact Us

    If you have questions about these Terms or the Services, you may contact Company at info@publicschoolpictures.com