Terms of Service

Last updated: 8 February 2024

Note: Picup Media is a fully owned subsidiary of HEIG LIMITED

Picup Media offers an image hosting service to serve digital images through web browsers and apps. We also offer jewelry photo retouching services, as well as a wide range of jewelry photography and video solutions.

Prior to using our services, you must carefully review the following Terms of Service (the “Terms”) set out below. The Terms along with any additional terms and conditions set out on Picup Media’s website (picupmedia.com) including Picup Media’s Privacy Policy, (collectively, the “Agreement”) forms a legal agreement between us. Your use of Picup Media’s Services (“Services”) constitutes your acceptance of this Agreement. You should periodically check this page to make sure you have read the current version of these terms. Your use of the services is entirely conditioned on and subject to your compliance with these Terms.

By using Picup Media, you agree to be bound by Part 1 of these terms – it applies to all users including casual visitors. By registering for a Picup Media account, you also agree to be bound by Part 2 of these terms, and all registered and unregistered users agree to be bound by Part 3. If you do not agree with these terms, do not access or use the services.

Part 1.

Provisions applicable to all Users of the Service (whether registered or not).

1.1 Availability

Picup Media uses all reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there may be occasions when the Service will be interrupted for upgrades, emergency repairs, or due to failure of telecommunication links and equipment that are beyond the control of Picup Media. Every reasonable step will be taken by Picup Media to minimize such disruption where it is within our reasonable control. You agree that Picup Media shall not be liable to you for any modification, suspension, or discontinuance of the Service.

1.2 Privacy

Picup Media is committed to protecting your privacy. Your submission of personal information through this site is governed by our Privacy Policy. We will not review, share, distribute or reference any personal information, except as provided in this Agreement, as provided in our privacy policy, or as may be required by law.

1.3 Trademarks

All brands, service names used in this Service that identify Picup Media or third parties and their services are proprietary marks of Picup Media and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Picup Media or any third party with respect to any such image, logo, or name.

1.4 Copyright and Intellectual Property

Picup Media, unless otherwise stated, is the owner of all copyright and rights in the Service and its contents. You may not publish, distribute, extract,re-utilize, or reproduce any such content in any material form without written permission from Picup Media.

We do not claim copyright or ownership of any content that you upload to Picup Media (see Copyright of Your Content below).

If you believe the copyright in your work has been violated through this Service, please send the following information in accordance with the DMCA via our contact form.

URL of the work or material that you claim has been infringed.
URL on picupmedia.com of the material that is claimed to be infringing.
Contact information, including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law.
A statement by you that the above information in your Notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Picup Media may forward a copy of a Notice including name and email address to the account holder in order to notify that person. Picup Media will terminate, under appropriate circumstances, the accounts of users who infringe copyright, and reserves the right, in its sole discretion, to terminate any user for actual or apparent infringement of intellectual property rights.

Part 2.

Provisions Applicable to Registered Users

2.1 Registration

To register as a user of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address since that is the primary way in which we will communicate with you about your account and your payments.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted. We reserve the right to refuse service to anyone for any reason at any time.

2.2 Password

When you register as a user, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You should change your password immediately if you believe that your password is no longer confidential and notify Picup Media of any unauthorized use of your password. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

2.3 Products and Services

2.3.1 Picup Media Jewelry Photo Retouching Service

Picup Media will use commercially reasonable efforts to deliver your image within your requested time frame. Whilst Picup Media will endeavor to return edited images back to you within the committed timeframes, note that Picup Media does not guarantee that an order will meet its requested delivery date.

Picup Media may use third-party software and public web addresses to accept images from or return images to you. To use any such software and public web addresses, you agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. Picup Media makes no representations or warranties concerning, and is not liable or responsible for, any such software.

Should there be a discrepancy on the committed timeframe and actual delivery date of more than 48 hours (excluding weekends), please contact the Picup Media team and we may, at our sole discretion, refund any difference in time.

Note that the returned image will be deemed accepted by you, with no further work required from Picup Media unless, within ten (10) days of receiving the image, you notify Picup Media through written communication via email or through Picup Media’s website by specifying any errors by Picup Media. Note that it is in Picup Media’s sole discretion to rework any services. You will review any corrected image(s) and accept or reject the same in accordance with this Section (Section 2.3.1 “Jewelry Photo Retouching Services”).

Picup Media deletes from its system all images approximately thirty (30) days after respective acceptance. Picup Media is not responsible for the quality of returned images if the image you originally submitted does not meet Picup Media’s current guidelines.

2.3.2 GemLightbox and the GemLightbox Application

Any images, videos, or any other media captured using the GemLightbox and the GemLightbox Application is intellectual property solely owned by the user. Picup Media does not have access to, unless explicitly provided by the user, the images, videos, or intellectual property captured using the GemLightbox.

NOTE: DELETING THE GEMLIGHTBOX SMARTPHONE APPLICATION WILL ALSO DELETE ALL ITS DATA INCLUDING ALL IMAGES AND VIDEOS CAPTURED USING THE GEMLIGHTBOX SMARTPHONE APPLICATION.

2.3.3 Delivery Information

Delivery charges

Global rate delivery of $200

GemLightbox add-ons have a global rate of $30-$50 depending on the add-on.

NOTE: ALL SHIPPING COSTS ARE NON-REFUNDABLE. YOU ARE RESPONSIBLE FOR PAYING ANY APPLICABLE TAXES, DUTIES, OR TARIFFS RELATING TO YOUR ORDER, EXCEPT TAX ON PICUP MEDIA'S INCOME.

2.4 Payment, Refunds, Upgrading, and Downgrading

2.4.1 Payments

The price of services shall be as set out in the price list on Picup Media’s website. Picup Media reserves the right to update its price list at any time without prior notice. All payments are to be made in United States Dollars. By submitting payment to Picup Media, you represent and warrant that you have the legal authority to enter into this Agreement, and you have the right to use any credit card(s) or other payment means used to initiate any transaction.

2.4.2 Returns & Refunds

All payments to Picup Media for retouching orders are non-refundable, except when Picup Media has incorrectly charged due to miscalculations.

Return Policy for Unopened Physical Products within 30 Days:

1. Physical products are not intended for testing and return. Unopened products may be returned within 30 days.

2. The customer is responsible for return shipping costs, taxes, and customs duties, which will not be reimbursed.

3. All returned items will be inspected at Picup Media’s offsite facility. Initiate your return request by contacting us at [email protected] or submitting a ticket on our contact page.

4. If the returned item passes our inspection and is in its original, unopened condition, and is returned within 30 days, a refund will be issued to your original payment method within 10 business days. It may take additional time for the refund to reflect in your account, depending on your bank's processing times.

Policy for Faulty Physical Products:

1. If a product is defective or damaged upon arrival, contact us immediately and within 7 days. For complete details on how to report defective, damaged, or missing items, please visit https://support.picupmedia.com/replacement-policy.

2. All claims for damaged or missing items must be reported within 7 days of receiving the product.

3. Picup Media reserves the right to refuse a replacement after 7 days of receiving the product.

4. Faulty physical products will be replaced, not refunded.

5. Picup Media may request images or videos to verify the product's condition before replacing it.

By accepting our Terms of Service, you acknowledge and agree to adhere to our refunds and returns policy. If you have any questions or need further clarification, please contact us.

2.4.3 Upgrading, Downgrading & Cancellations (GemLightbox Hub Accounts)

1. Free accounts do not require a registered credit/debit card.

2. Paid accounts are charged monthly or annually in advance to your registered credit/debit card.

3. For customers who purchase the Subscription Bundle (GemLightbox Pro Bundle, and any other subscription bundle package), which includes a one-year free subscription, the initial payment will be charged to your registered credit/debit card. After the first year, a monthly fee of $199 will be automatically charged to your card.

4. You can upgrade, downgrade or cancel a monthly subscription at any time. Upgrades and downgrades are initiated immediately. Your registered card will automatically be charged for any upgrades and the charge is calculated on a pro-rata basis. Downgrades receive a credit to be used against future charges. All cancellations are effective at the end of current month. Your subscription will then be automatically downgraded to a free account in the following month.

5. You can also upgrade, downgrade, or cancel a yearly or custom subscription (excluding any Subscription Bundle) within 14 days or as agreed upon with Picup Media. Please contact your Picup Media representative for further information on these subscriptions.

6. Unless agreed otherwise, invoices are generated monthly, within 3 days of the day of the month your subscription commenced.

7. You must ensure that Picup Media can take payment from your card. If Picup Media is unable to take payment, you must enter new card details. Your account will be frozen in 30 days if payment has not been received.

8. Any unpaid balance due on your account must be paid.

2.5. Storage Limit

Your account has a storage limit measured in gigabytes (GB). If you need more space, you can upgrade to a higher plan or contact us to discuss tailoring a plan to suit your needs.

2.6. Storage Period

Picup Media provides online storage of content to its users. If your account becomes inactive for a period of 6 months, Picup Media may, at its option, terminate access to the account altogether (including deletion of any account information held by Picup Media). Picup Media may change this policy at any time, upon reasonable notice to you.

2.7. Service Level Agreement

Picup Media commits to providing 99.95% service availability to all paid accounts. We also have a 24/7 live chat and email support team to address any other issues you may face.

2.8. Locked Accounts

Notification emails will be sent if your account is approaching or has reached the permitted storage/usage limit of the plan you have chosen. If your account remains above those limits, your account may be locked.

When an account is locked:

1. Images will cease to be served to any of your websites.

2. Files cannot be uploaded to your account.

To unlock an account, you must either:

1. Register a valid credit/debit card and upgrade to a suitable plan;

2. Or permanently delete sufficient files to return within your existing plans’ limit. Deleted files go to your Trash until you permanently delete them.

Your account will be unlocked within 5 minutes once you have completed one of the options above.

2.9. User Termination

You may cancel your account at any time without a refund. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

2.10. Copyright of Your Content

Picup Media does not claim ownership rights in any digital content contained in your account. For the sole purpose of enabling us to display your content through the Service and fulfilling any orders for you or those you have shared your content with, you grant Picup Media a non-exclusive, royalty-free license to use, copy, distribute, and display that content.

2.11. User Conduct

You are responsible for all of the content you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share, or print. Professional content that is provided to you by professional content creators or made available through websites or other resources is protected by copyright and should not be uploaded, shared, or copied using the Service.

You agree not to use the Service:

1. for any unlawful purposes including advocating illegal activity.

2. to upload, post, email or otherwise transmit or communicate any material that is obscene, pornographic, unlawful, threatening, menacing, abusive, cruel, harmful, propaganda, an invasion of privacy or publicity rights, defamatory, libelous or illegal;

3. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent, or other intellectual property right or any moral right of any party including, but not limited to Picup Media;

4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

6. to upload, post, email or otherwise transmit any material which is likely to cause harm to Picup Media or anyone else’s computer systems, including but not limited to that which contains any virus, worm, corrupt files, Trojan horses, data, or other files or programs or forms of corruptive code designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service (collectively Corruptive code).

7. as part of any commercial communications campaign that has not been solicited by the recipients (i.e. spam).

8. as part of any non-natural SEO campaign using spam links.

9. as a link to materials associated with any of the above.

Violation of any of these agreements will result in the termination of your Picup Media account. While Picup Media prohibits such conduct and content on its site, you understand and agree that Picup Media cannot be responsible for the content posted on its website and you nonetheless may be exposed to such materials and that you use the Picup Media service at your own risk.

You further agree that you shall not:

interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
provide any information to Picup Media that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
make duplicate user accounts to bypass account restrictions.

All Content (whether private or public) is the sole responsibility of the person who submitted it. You are solely responsible for your Content. By viewing the services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure. Picup Media, in no way, guarantees the accuracy, quality, or appropriateness of Content available through the Services.

By using our services, you also hereby grant Picup Media a non-exclusive, worldwide, transferable, royalty-free, sublicensable (through multiple tiers of sublicenses including but not limited to Picup Media’s subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for Picup Media and its subcontractors to perform the services you requested hereunder you agree to indemnify and hold harmless Picup Media, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from your breach of this Agreement.

2.12. Monitoring of Content

You must implement a process through which infringing, abusive, or otherwise unlawful content can be reported to you and removed in accordance with applicable laws, regulations, rules, guidelines, codes, and industry best practices.

If your Content is hosted by Picup Media, and you becomes aware of a possible violation regarding any Content that is uploaded to the Picup Media hosted services, as applicable, you must promptly notify Picup Media.

You acknowledges that although the Picup Media Hosted Services may be used to modify or edit Content to be posted or integrated into your website on your behalf, you: (A) retains complete control over each Website, and all Content; and (B) remains fully responsible for ensuring that all Website used with the Picup Media Hosted Services, and all Content: (1) comply with all applicable laws, regulations, rules, guidelines, and codes; and (2) do not infringe any person’s or entity’s rights.

You acknowledge and agree that nothing in this section prevents Picup Media from suspending services to comply with an applicable court order and that you are solely responsible for all content and activity that occurs on your user account.

2.13. Suspension, Modification, and Termination of Access

You agree that Picup Media may, at any time without notice:

refuse to accept your application to create a Picup Media account;
remove or suspend any part of the Service;
refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Picup Media’s sole discretion, you fail to comply with any of these terms or if a competent regulatory authority requires Picup Media to do so;
modify any username or other content that could be confusing with any Picup Media services or which contains any explicit/objectionable content.

Part 3.

3.1. Amendment of the Terms

Picup Media reserves the right to amend these Terms of Service from time to time without notice. You can review the most current version of the Terms of Service at any time at https://picupmedia.com/terms-of-service/

3.2. Applicable Law and Jurisdiction

These Terms of Use shall be governed and interpreted in accordance with Hong Kong law. If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing any of our rights under the Terms of Use without losing them. You agree that we may assign these Terms of Use or any of our rights or obligations without giving you notice. We shall not be liable to any third party in respect of your use of (or inability to use) the website.

3.3. General

These Terms constitute the entire agreement between you and Picup Media with respect to your use of the Service. Picup Media’s failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision.

If a court shall find that one or more rights or provisions contained in these terms are invalid, you agree that the remainder of the terms shall be enforceable.

3.4. Operator

This Service is operated by Picup Media, a business owned and operated by HEIG Limited, a company incorporated in Hong Kong.

Picup Media is also referred to in these terms as “we”, “us” and “the Service”. If you have any comments or questions about the Service please contact us by email through our contact form.

3.5. Disclaimer of Warranty and Limitation of Liability

Picup Media agrees that all services will be carried out with reasonable skill and care. EXCEPT FOR THE PROCEDURE SET FORTH IN SECTION 2.3.1 (“Jewelry Photo Retouching Services”), THE SERVICES ARE PROVIDED “AS IS”. NEITHER PICUP MEDIA NOR ITS LICENSORS OR SUBCONTRACTORS MAKE ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

You understand and agree that the submission of any digital content to Picup Media and the download or upload of any material through the service is done at your discretion and risk and that you will be solely responsible for any loss or damage to your content or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content.

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Picup Media shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages resulting from the use or provision of the service, Picup Media’s site, and all related services, even if Picup Media has been advised of the possibility of such damages. The foregoing disclaimers, waivers, and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

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