Our complete terms are contained below, but some important points for you to know before you become a customer are set out below:
Welcome to Pcard where you can create and purchase artworks generated by Artificial Intelligence (AI) systems (Image / Images). In addition, you can include a custom message to these Images to create Personalized Cards (ex. postcards, greeting cards).
This website (Site) is operated by 3DAS, LLC (EIN: 20-4164440) (we, our or us). These terms of service (Terms) are between us and you, the person using the Site or the person registered with us as an Account holder.
Acceptance and Site License
User Content, Prohibited Conduct and Community Standards
- You may be permitted to post, upload, publish, submit or transmit relevant information and content (including creating Artworks) (User Content) on the Site.
- When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- – anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- – using the Site to defame, harass, threaten, menace or offend any person;
- – using the Site for unlawful purposes;
- – interfering with any user of the Site;
- – tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
- – using the Site to send unsolicited electronic messages;
- – manipulating or misrepresenting community interaction metrics (such as ‘votes’) through unauthorised or improper means, including but not limited to alternate account creation or robots;
- – using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
- – facilitating or assisting a third party to do any of the above acts.
- Prohibited Content means material or content which is considered to include the following:
- – content that is abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate;
- – content that is homophobic, transphobic, racist or otherwise discriminatory;
- – content that promotes bullying, personal attacks, harassment or doxing;
- – content subject to copyright that is used without the express permission of the owner of the content
- – content that violates or encroaches on the rights of others, including but not limited to Intellectual Property Rights or privacy rights;
- – content that contains spam, viruses, worms, corrupt files, any corrupt code, Trojan horses or anything else that can cause a security breach and damage;
- – content that incites, baits or advocates illegal activity or argument or violates any law; or
- – content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or
- – content that harms or advocates harm against anyone, including gore.
- You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
- – you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);
- – you will not use the Site to submit material or create User Content that is Prohibited Content; and
- – neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Price and Payments
Delivery, Title and Risk
- If possible, we will deliver the physical images / Personalized Cards to the delivery address you provide when making your order. We deliver worldwide (unless our delivery company does not deliver to your area).
- Delivery costs are set out on the Site and may be paid in addition to the Price.
- We normally dispatch physical images / Personalized Cards within a week of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
- If you need to change the delivery day or delivery address, please notify us immediately in writing.
- We deliver the physical images / Personalized Cards using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorized representative is at the delivery address to accept delivery, you agree that we may leave the physical images / Personalized Cards at your premises.
- Title to the physical images / Personalized Cards will remain with us until you have paid the Price in full for the Artworks. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the physical images / Personalized Cards.
- Risk in the physical images / Personalized Cards will pass to you as soon as they are delivered to the delivery address you provided in your order.
- You may have rights under the US Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the images / Personalized Cards and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price (as applicable) paid by you to us for the images / Personalized Cards or services the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionizing radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic
- – Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site generated or created by us, but specifically excluding any images generated by you using the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us.
- – Any and all Intellectual Property Rights subsisting in any materials developed, adapted, modified or created by you (including in connection with the Terms, your use of the Pcard Services and your image(s)) (Your Intellectual Property) will at all times vest, or remain vested, in you upon creation, and, to the extent necessary, we hereby assign to you such Intellectual Property Rights.
- – For the avoidance of doubt, once your image has been created and delivered to you, all Intellectual Property Rights subsisting in that specific image is transferred to you and you may use your image for personal or commercial purposes.
- – To the extent that ownership of Intellectual Property Rights in any image does not automatically vest in you, we grant you a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free and transferable right and license to use the image for the purposes reasonably contemplated by these Terms and for you to derive the benefits from the Pcard Services.
- – You acknowledge and agree that in using your image(s) for commercial purposes, any of the User Content that you have provided does not violate any copyright, trademark or other proprietary right of a third party and you indemnify us for any loss or damage which arises due to any potential infringement of third party Intellectual Property Rights.
- – You must not, without our prior written consent:
- — copy, in whole or in part, any of Our Intellectual Property;
- — reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- — breach any intellectual property rights connected with the Site or the images, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
- – Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
- — you do not assert that you are the owner of Our Intellectual Property;
- — unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- — you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- — you comply with all other terms of these Terms.
- – Due to the evolving and developing nature of the law around AI created works, we provide no warranties and do not guarantee or represent:
- — that you will be able to claim copyright ownership of your images in any jurisdiction, either our jurisdiction of the United States or the jurisdiction in which you reside, noting each jurisdiction will have different laws and regulations; or
- — that your Artwork will not infringe on any third party Intellectual Property Rights.
Content You Upload
- We may use your email address to send you newsletters, offers, updates, and other marketing messages that we think may interest you. We do this with your consent when you sign up for our service, or when you update your preferences in your account settings. You can withdraw your consent and opt out of receiving such emails at any time by clicking on the unsubscribe link at the bottom of any email we send you, or by contacting us at email@example.com. We will not share your email address with any third parties for marketing purposes without your express permission.
- the law and regulations surrounding AI created artwork is still evolving; and
- we cannot guarantee that you will own the copyright to your Artwork even though we transfer ownership to you.
- Intellectual Property Rights means any intellectual, proprietary or other property rights in any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, for the duration of the rights in any part of the world, whether registrable or not.
- Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
Last update: September 18th, 2023