These General Terms and Conditions, the Privacy Policy, and the Cookie Policy outline the terms and conditions under which “PICKBOOK” offers its services to users. By browsing the website, downloading, installing, or using the Services in any way, the User confirms that they have read, fully understood, and accepted these General Terms and Conditions. PICBOOK reserves the right to modify the Terms and Conditions at any time, but such edits will apply only to new Users, meaning those who register and/or purchase services after the changes have been made. It is the User's responsibility to check for any updates to these General Terms and Conditions before registering and/or using the website. The Terms and Conditions are always available for consultation on the website.
The following terms, contained in the General Terms and Conditions, will be used with the meanings defined below:
The way the website and the services offered work is also explained and summarized in the FAQ section and/or other parts of the website. These additional materials should be regarded as supplements to the General Terms and Conditions and, as such, cannot in any way replace or deviate from the provisions set forth herein.
PICBOOK has developed software that enables users to create an album that can contain digital content related to a specific event. Once the user has signed up and created the event, PICBOOK will generate the album. Both the event planner and the guests will then be able to add and upload their digital content to the album, which will remain accessible for the time specified on the website and/or in these General Terms and Conditions.
PICBOOK does not operate as an e-commerce platform, as it simply provides a platform specifically designed for private individuals who wish to compile an album containing photographs and videos taken by guests attending a specific event.
PICBOOK is not an event management company and plays no role in planning or managing the events specified by the user, being entirely unrelated to such activities. Therefore, PICBOOK does not check on or provide any information about these events. PICBOOK also does not guarantee or assume any responsibility regarding the existence, quality, safety, or legal legitimacy of the events in question.
PICBOOK offers its services and digital products exclusively through the ways described and provided on its website. The details and specifications for each product or service are described on the website, and the user explicitly agrees to them before making a purchase. In any case, PICBOOK is not responsible for the user's inability to use the product due to errors and/or software incompatibilities. The user remains solely responsible for ensuring the proper installation and functioning of the necessary software to utilize the purchased services.
PICBOOK provides free services, which can be accessed after creating an account through the registration process, and paid services, which can be purchased through the procedures explained on the website. The differences between the two types of products are outlined in the General Terms and Conditions and/or directly on the website.
Anyone using the website and purchasing the services must be 18 or older and/or legal entities compliant with Italian law. In particular, the latter guarantees that the registration on the website and/or purchase of the service is carried out by the legal representative of the company or organization or by someone authorized to act on behalf of the company or organization.
To access the website, use the software (including the QR Code), create an album, and upload/download digital content, the User must have an Internet connection and the necessary equipment (e.g., computer, mobile device, smartphone, modem, or any other connection tool).
The User may only use the website and/or the service after registering, which is mandatory and must be done through the process described on the website. Failure to comply with said registration process or attempting to use the service through alternative channels will prevent the User from accessing PICBOOK's services, particularly the creation and/or download of an album.
During registration, the User must provide some personal and/or corporate information and contact details, including but not limited to their name (or nickname) and email address, and must create a personal password. PICBOOK is not required to verify the accuracy of the information provided and is not responsible for any issues arising from it. PICBOOK reserves the right to suspend or delete the User's account and to seek compensation for any damages, including damage to its reputation, in case it emerges that the information submitted during registration is false, inaccurate, or outdated. The User acknowledges that they are solely responsible for the legality, appropriateness, and accuracy of all content, information, and data provided or published on the website. They further commit to reviewing and verifying the accuracy of all submitted content, information, and data.
The User acknowledges and accepts that PICBOOK will use the information provided during registration, particularly the contact information and email address, to provide the requested service. The User agrees to promptly update their registration information to ensure that it is always current, complete, and accurate.
Upon completing the registration process, the User will be granted access to a personal Account, accessible through a unique Username (ID) and a confidential Password (PW).
The account is strictly personal, and the User is solely responsible for safeguarding it and using it correctly. The User agrees to immediately notify PICBOOK of any unauthorized use of their account or any other security breaches they become aware of. PICBOOK is not liable for any damages resulting from the User's failure to comply with these conditions. The User understands that access to the service is managed exclusively through the verification of their ID and PW.
The User is responsible for any damages caused to PICBOOK or third parties if the service is used improperly due to the loss, theft, or compromise of their ID and PW.
All actions and requests performed through the User's account are automatically attributed to the account holder in compliance with the General Terms and Conditions, without exception.
Registering for the service involves the processing of the User's personal data in accordance with the provisions outlined in the separate Privacy Policy document.
Besides the free services available after registering on the website, the User may purchase additional ones. These additional services and their respective prices are listed on the website and/or detailed during the order process. Following the purchase of premium services, PICBOOK will send the User a confirmation email containing the details of the purchase in accordance with the Italian Consumer Code. It is understood that storing and printing the contract and/or order confirmation remains the exclusive responsibility of the User.
PICBOOK reserves the right to modify prices and/or additional services or offer promotional deals at any time at its sole discretion. However, it commits to applying the prices and/or services displayed on the website at the time of the User's order. Any price and/or service changes will only apply to purchases made after such modifications.
Prices are stated in Euros and include Italian VAT
Premium services can only be accepted through the procedures specified on the website and cannot be activated through any other channels or methods. During the activation of such services, the User may be required to provide additional billing information beyond what was provided during registration. The same provisions outlined in Art. 4 apply to this additional information.
Payments must be made exclusively through the payment systems specified and available on the website. No other forms or methods of payment are valid.
If the requested service requires the issuance of an invoice for the payment made, the User must, under their sole responsibility, provide any additional information requested by PICBOOK to fulfill this tax obligation.
For free services, the contract is concluded upon completion of the registration process; for premium services, it finalizes when the User, following the specified procedure, submits a request for the purchase of any service and/or product offered, and PICBOOK accepts the request. Such acceptance may also occur implicitly, for instance, by updating the User's personal area or allowing the User to proceed with the creation of an album.
For guests, the contract is concluded, and these General Terms are accepted implicitly, when they upload digital content to an album or scan the QRCODE provided by the event planner.
After registering, the User/Planner must fill out a series of forms by answering questions and providing the requested information. Failure to fill out these forms will result in the interruption or suspension of the process, making it impossible to proceed or finalize the creation of the album. The data required at this stage pertains to information about the event for which the album is being created, such as the type of event and a name (real or fictional) that the Planner wishes to associate with it.
Once the event is created by completing all forms, the instructions for uploading and sharing photos and videos will be sent via email and/or displayed on the website. Unless otherwise specified on the website, digital content can be shared by either using a QR CODE—which the Event Planner must first download and then share with the guests—or by sharing the album link, which the Planner is also responsible for sending to the guests.
PICBOOK has created the album, and it will be available to the User immediately after the event is created.
In any case, it is the exclusive responsibility of the Event Planner to share the QRCODE and/or the link with the guests so they can upload photos and videos to the website and proceed with creating the album, as PICBOOK has no information about the guests. It is also the responsibility of the User and guests to make sure they have an internet connection and the necessary tools (such as a computer, mobile device, smartphone, modem, or any other connection device) to use the software provided for uploading/downloading digital content.
Guest access to photos and videos depends on whether the chosen service is premium or free, as well as the number of photos and videos that can be uploaded. The differences between free and premium services, which are outlined on the website, result in varying album features.
Uploading photos and videos may occur during or after the event, as long as the time frame specified on the website and communicated to the Event Planner is respected, as well as the limit on digital content in association with the chosen service.
Once the time limit has been reached, the event has ended, and/or the available digital content limit has been reached, no new digital content may be added to the album. At this point, the album will be sent or made available to the Event Planner based on the timing and methods indicated on the website.
PICBOOK will proceed with deleting the album according to the time frame specified when finalizing the contract, which may vary depending on the event and/or the service purchased or requested. PICBOOK will notify the User via email or other means to ensure the User downloads the album within the contractually stipulated time. The User acknowledges and accepts that, once that period has passed, the album and all its digital content will be permanently deleted and will no longer be accessible.
The User's account, however, will remain active. The User may delete it by submitting a request to PICBOOK including via email.
Guests can access or view the entire album or specific pieces of content based on the settings chosen by the Event Planner, who is solely responsible for using the website and creating the album.
Guests of the event are only allowed to upload digital content to the album according to the methods provided to them by the Event Planner.
Guests must scan the QR CODE in order to use the service, following the instructions provided and/or accessing the website via the specific link shared by the Planner. By performing any of these actions, guests automatically accept the General Terms and Conditions.
In any case, guests do not have a direct connection with PICBOOK or the website beyond their limited authorized use of the services.
Guests remain solely and fully responsible for the digital content they upload or otherwise make available on the album and/or website. They expressly agree to hold PICBOOK harmless and release it from any liability for damages or claims arising from third parties as a result of the digital content provided to PICBOOK and/or the Event Planner.
The User and the guests are fully and solely responsible for the use of the service, the digital content uploaded, and the creation and management of the album. The digital content is only temporarily stored by PICBOOK exclusively for the creation of the album and is subsequently deleted as outlined in the General Terms and Conditions.
In any case, the User and the guests agree not to use the Website and/or provide digital content:
The User and the guests acknowledge and accept that PICBOOK cannot review the Digital Content prior to the upload. They agree, however, that PICBOOK may, at its sole discretion and without assuming any obligation in this regard, refuse or remove any Digital Content accessible through the website and/or album that violates the General Terms and Conditions.
The User acknowledges and agrees that PICBOOK may store and retain Digital Content and disclose it to third parties for the following purposes:
The User retains ownership of all Digital Content uploaded and guarantees that such content does not infringe upon or violate any intellectual property rights, trademarks, or other rights belonging to third parties.
PICBOOK cannot scan or modify the Digital Content submitted by the User or the guests in any way, nor can it verify whether the photographs or videos uploaded and/or provided by Users comply with applicable laws. Therefore, PICBOOK is not liable, under any circumstances, for damages—whether caused to or claimed by third parties—arising from such content.
The Event Planner may delete all photos within the album, whereas Guests can only delete photos they have personally uploaded. Modifying uploaded Digital Content is not permitted.
The User and guests are prohibited from using the Services for illegal or unauthorized purposes and are solely responsible for the information, data, photographs, and videos uploaded to PICBOOK. In the event of a violation of these terms, PICBOOK reserves the right to deactivate the username and associated service, as well as the right—but not the obligation—to remove content and accounts it deems illegal, offensive, defamatory, obscene, or in violation of the contractual terms.
PICBOOK provides no guarantee regarding what is depicted in the Digital Content uploaded to the album, its completeness, or accuracy. However, it reserves the right, at any time and at its sole discretion, to evaluate, approve, or remove such Digital Content if it deems it illegal, offensive, defamatory, obscene, or otherwise in violation of Italian law or the General Terms and Conditions.
Furthermore, PICBOOK is not liable for issues or delays regarding the provision of the service or creation of the album due to force majeure or circumstances beyond its control, including but not limited to: failure of the User to provide required information, changes to technical specifications, lack of updates to operating systems, or failure of the User's or guests' software or hardware to comply. Similarly, PICBOOK shall not be held liable for service malfunctions, data loss, accidental exposure of personal or sensitive data, or any damages arising from attacks by cybercriminals, hackers, crackers, computer viruses, or similar threats.
When supplying the service, PICBOOK relies on the information provided by Users. Consequently, it assumes no responsibility for the accuracy of such information and whether it's complete and up to date. PICBOOK cannot be held liable for delays in service execution resulting from incomplete, inaccurate, or outdated information provided by the User, who expressly releases PICBOOK from any liability related to delays caused by such shortcomings.
The User expressly acknowledges and declares that:
The User agrees to hold PICBOOK harmless and against any damages to or claims from third parties resulting from the use of the Site, the service, or the Digital Content provided to PICBOOK or uploaded to the Site for the creation of an album.
If one or more Users, when using the Site and Service, fail to comply with their obligations under the General Terms and Conditions, particularly those outlined in Sections 7, 8, and 9, PICBOOK reserves the right, at its sole discretion, to suspend and/or delete the accounts involved and abstain from creating and/or delivering the album to the User.
The following are considered breaches of the Terms and Conditions in connection with the use of the Site and the Service:
In these cases, PICBOOK may terminate the contract under this clause by sending a notice to the email address provided by the User at the time of registration or when purchasing the product or service. Without prejudice to its right to claim compensation for greater damages, PICBOOK upon invoking this clause, may discontinue the purchased service and/or suspend the User's account. In such instances, the User remains obligated to pay the full cost of the purchased service, even as a fine, and will not be entitled to any refund, even partial, of amounts already paid.
Regarding premium services, notwithstanding the applicability of this express termination clause, PICBOOK reserves the right to suspend its service and/or delivery of the album until it has received full payment from the User for the purchase.
All services and/or products offered by PICBOOK are to be considered digital content provided via intangible means. Consequently, pursuant to Article 59, letter (o), of Legislative Decree No. 206/2005 (Consumer Code), and as an exception to the provisions of Article 52 et seq., the user's right of withdrawal is excluded.
The rights to the digital content remain the exclusive property of the User and/or the guests. However, by submitting such content to PICBOOK, the User and/or the guests grant PICBOOK the right to use copies of it on the Site and/or for the creation of the album, potentially even for other purposes (e.g., advertising) unrelated to the offered service. This use license is granted free of charge and in perpetuity. It is also transferable and irrevocable for the duration of the service, without territorial limits. The license allows PICBOOK to use the content individually or in combination with other audio, video, and/or photographic material. Allowed use includes fixing, reproducing, modifying, adapting, translating, distributing, publishing, displaying, and publicly showing the User's content. The User also agrees not to oppose such use by PICBOOK.
PICBOOK remains the sole owner of the Site, its related software, and applications. Therefore, all its content and the additional services available on the Site are the property of PICBOOK. Any reproduction, exploitation, or distribution of material—including text, video, and audio—is strictly prohibited. In the event of a violation, PICBOOK reserves the right to take legal action against offenders in the appropriate judicial forums.
The User acknowledges that the Site and the album provided by PICBOOK may include, but are not limited to, text, editorial content, logos, icon buttons, images, audio and video files, digital downloads, data compilations, and software. These are the exclusive property of PICBOOK and contain proprietary information and material owned by PICBOOK, protected under intellectual property laws and other applicable regulations, including copyright law.
Similarly, the images, logos, page headers, icon buttons, fonts, and service marks included or made available through the Site are trademarks and/or distinctive signs of PICBOOK and may not be used in any way by third parties without prior authorization from the owner.
Without prejudice to what is stated in the Privacy Policy, the User authorizes PICBOOK to process their personal data, as well as that of any third parties who may qualify as “data subjects,” exclusively for purposes related to the fulfilling of this contract and any associated obligations, in compliance with the “Privacy Code” and as further detailed in the relevant annex. The User declares that they have received, understood, and accepted the annex. Data processing may primarily occur using IT and telematic tools and, if necessary, through manual procedures. In all cases, measures will be taken to prevent misuse or unauthorized disclosure of personal data.
In the event of disputes or complaints, the User may contact PICBOOK via email at [email protected] or at the address found on the website. PICBOOK commits to reviewing the complaint and, after conducting any necessary investigations into the matter raised, will respond to the User using the same email address from which the complaint was received
Unless otherwise agreed between the parties, all communication related to this service will be carried out via the email address provided by the Users during registration on the website. Both parties agree to promptly notify the other party should the respective email addresses change.
The relationship between PICBOOK and the Users is governed by Italian law, according to which these General Terms and Conditions shall also be interpreted. Any disputes related to, arising from, or otherwise connected to these General Terms and Conditions or the use of the Service shall be exclusively subject to the jurisdiction of either the Court of Potenza and/or the Court of Turin, to the exclusion of any other court. In the case of a Consumer User, the court shall be determined in accordance with Article 66-bis of the Consumer Code.