Terms and Conditions

Welcome to My Jr. Picasso! We hope that you share our enthusiasm and love of our children's art and hope that you will enjoy our very special and innovative way to save, share, and admire that creativity. Before becoming a member and customer of My Jr. Picasso, please read the term and conditions that apply to using our service. Since each of your child's art is unique, we hope to be clear and concise as to the exact parameters of what type of art we can accept. We will make every attempt to digitize all that is sent to us; however, sometimes we will not be able to completely accommodate our customers. We have tried to simplify the guidelines for you, but should you have any questions or require further explanation or additional details, please feel free to contact us at myjrpicasso@iconla.com.

Prior to the creation of your account with My Jr. Picasso (herein referred to as "we", "us", or "My Jr. Picasso"), please read the following Terms and Conditions of Use ("Terms") carefully. These Terms govern your access to and use of the My Jr. Picasso service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click on the "Sign Up" button: this will constitute a binding agreement between you and My Jr. Picasso. Your access to - and use of - the Service are expressly conditioned on your compliance with these Terms. To decline acceptance of these terms, you may click the "Cancel" button. Please note that any violation of these Terms may result in termination of our Service to you.

My Jr. Picasso reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after My Jr. Picasso makes any such changes, you agree to be bound by the revised Terms.

Artwork Submissions

You may submit certain material to My Jr. Picasso including - and without limitation - children's artwork, children's artistic creations, or original art works created by children as part of your use of the Service offered by My Jr. Picasso. ("Submissions").

Each artbook packages includes a certain number of pages and only that number of art pieces should be submitted for the price posted. If more artwork is submitted than the purchased book package is allotted, then it is assumed that the customer will want extra pages added to the book and the customer will be responsible for any applicable charges, the customer will be notified of the charges. Books will not be printed or artwork returned unless payment is made for any extra or oversized artwork above the allotment included in purchased book package.

Children's Artwork or Art Creations must be defined as being the original works of art of usual childhood art mediums or materials that are typically found in art classrooms. These mediums may include crayon, markers, pastels, colored pencils, acrylic or oil paints, watercolor paints, paper, small noodles, foam, felt, tissue paper, cotton balls, popsicle sticks, feathers, straws, yarn, leaves, corn kernels, seeds, candy, beans, or any other material normally used by art teachers. All submitted artwork must be based on paper, paper product, or a soft flat subsurface. Artwork may be two dimensional (2-D) but must be flat and soft enough for digitization. Any 2-D artwork submitted that, in the opinion of My Jr. Picasso, may damage our equipment, will not be acceptable for obvious reasons. Any medium that is considered unusual or unacceptable may - at the discretion of any My Jr. Picasso employee - be rejected at any time and these items will not be digitally reproduced. No three dimensional (3-D) items will be accepted. Three-dimentsional artwork is defined as being any artwork that has three dimensions; appearing to have depth or thickness in addition to height and width, or having lifelike quality. This includes any artwork constructed of clay, ceramic, plaster of Paris, wood, metal, or any material that gives the impression that a piece of artwork is 3-D. No framed artwork will be accepted.

No adult content may be the subject matter of any piece of art and any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law will be not be accepted.

Any material that could infringe upon the rights of privacy, publicity, copyrights, or other intellectual property rights without the express permission of the owner of these rights will not be accepted, nor will any material that promotes bigotry, racism, hatred, or harm against any individual or group.

While My Jr. Picasso is not responsible for any artwork submitted, it reserves the right in its discretion to:

1. Reject for digitization and posting of any piece of artwork on any customer's gallery.
2. Delete, move or edit any submitted artwork that it in My Jr. Picasso's sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws or otherwise unacceptable.
3. Take any other action that deems necessary relating to use or misuse of the My Jr. Picasso Service.

Preparation of submitted artwork for digitization will involve removing objects that may hold together, attach, organize, fasten, join, connect, or affix artwork. It may be necessary to remove some items to enable My Jr. Picasso employees to digitize the artwork in order to produce a professional image and prevent damage to equipment. The items which may be removed may include, tape, clips, staples, glue, nails, screws, yarn, string, chains, twist ties, or any fastener not herein listed. Some artwork may be detached from a background surface that is not part of the actual artwork at the discretion of My Jr. Picasso. The reason of such extracting of artwork from any background is solely for enabling My Jr. Picasso to offer the best image and reproduction possible.

My Jr. Picasso will not reconnect or refasten any artwork that was necessary to disassemble. Artwork will not be stapled, glued, tied, clipped, taped, or refastened in any manner once prepared for digitization.

Oversized Artwork

My Jr. Picasso will accept oversized artwork for reproduction provided that the artworkis not larger than 20"x24".

Please note that the reproduction of any folded or rolled artwork may show creases, folds, rolls, pleats, tucks, lines, grooves, crinkles, wrinkles, scrunches, rumples, or crumples on the final reproduction.

Oversized art included in packages price:

Blue Package - 3 Pieces of oversized art
Red Package - 6 Pieces of oversized art
Yellow Package - 9 Pieces of oversized art.

Any submitted oversized art exceeding these amounts will be digitized and the customer assumes responsibility for any applicable charges of $5.00 per piece. Books will not be printed, or artwork returned until all applicable charges are paid.

Artwork Reproduction Variations

My Jr. Picasso employs digital technology to reproduce submitted artwork. Often times, variations in colors and shades may make the reproduction look slightly different from the original; however, My Jr. Picasso will attempt to reproduce artwork for both virtual imaging and printed reproduction so that the reproduction is as close to the original as possible and of the highest possible quality.

Backup of Digitized Artwork

In addition to preserving your child's art through the printing of the art collection book, My Jr. Picasso offers a high resolution file back-up for an additional fee. This DVD contains high resolution Tiff File images of your child's art after the images are digitized, color enhanced, cleaned and corrected, then are transferred to a DVD for true archival purposes. These high resolution Tiff files, preferred by graphic design professionals, can easily be read on any operating system.

Third-Party Software & Links

My Jr. Picasso may make third-party software and links available to you from time to time. To access such third-party software, you much first agree to the third-party software provider's terms and conditions governing use of such software which agreement will be between you and the third-party software provider. Links to third-party sites do not imply any endorsement by My Jr. Picasso of such sites or the content, products, or services available from such sites. You acknowledge sole responsibility for - and assume all risk arising from - your use of any such sites or software.

Copyrighted Material and Software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title, and interest in and to the My Jr. Picasso site and service is and will remain the exclusive property of My Jr. Picasso and it's licensors. The site and service are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or service on - or in connection with - any other website for any purpose.

Privacy Policy

When you create an account with My Jr. Picasso, you need to provide some personal information such as your name, e-mail, address, and postal mailing address. We protect and use this information as set forth in our Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, licensors, suppliers, and all third-party information providers to the service harmless from and against all claims, liabilities, losses, expenses, damages, and costs including reasonable attorneys' fees, resulting from (i) any use of your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account and/or (ii) claim that a submission infringes upon third party intellectual property rights.

Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these terms and any claims hereunder shall be governed by and subject to the state and federal law provisions, and hereby consent to jurisdiction and venue in the courts of the state of California.

Disclaimer of Warranties

The service, content, and/or materials available through My Jr. Picasso's site are provided on an "as-is" and "as-available" basis and without warranties of any kind either expressed or implied.

To the fullest extent permitted by applicable law, My Jr. Picasso expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including - but not limited to - implied warranties of merchantability, fitness for a particular purpose, and non-infringement. My Jr. Picasso makes no warranty that its site or services will be uninterrupted, timely, secure, or error-free, or that this site or its server is free of viruses or other harmful components. My Jr. Picasso makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness, or reliability of any software, goods, or services purchased, accessed or obtained through My Jr. Picasso's website or advertised through My Jr. Picasso's website. No advice or information, whether oral or written, obtained from My Jr. Picasso or through the website or service will create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances shall My Jr. Picasso be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to damages for loss of profits, use data, or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if My Jr. Picasso has been advised of the possibility of such damages, that result from your access to or use of, or inability to access or use My Jr. Picasso's website or services from any changes to this site or it's services or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that My Jr. Picasso is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you. Further, My Jr. Picasso will have no liability to you or third-party for any third-party content uploaded onto or downloaded from the site or through the service. You agree that the aggregate liability of My Jr. Picasso to you for any and all claims arising from the use of the site or service is limited to $100.00. You expressly acknowledge and agree that My Jr. Picasso has set its prices and entered into this agreement in reliance upon these limitations of liability specified herein. For these purposes, My Jr. Picasso limitation or exclusion of incidental, consequential or other types of damages will apply based on the laws of the state of California.

Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

All items purchased through My Jr. Picasso, made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier: this includes any liability to the loss or damage to original artwork.

If any part of this agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this service, and supersede all other communications, written or oral, with regard to the service. The failure of My Jr. Picasso to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.