Terms & Conditions
Effective Date: 2025/03/23
Welcome to PictureCook! By accessing or using our website, app, or services, you agree to the following terms. If you do not agree to these terms, do not use PictureCook.
Use of the Service
PictureCook provides its users with online access to books and other digital content (“Content”). PictureCook offers accounts for teachers, librarians and educators (“Educators”) and parents or legal guardians (“Parents”). To access most features of the Service, you must register for either an Educator or Parent account.
Eligibility: By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of 18, you represent that you have your Parent’s permission to use the Service.
Educators. If you are an Educator accessing the Service on behalf of a school or other entity, organization or company, then (a) references to “you” in these Terms includes that entity, and (b) you represent and warrant that you are authorized to enter into these Terms on behalf of such entity.
Parents. If you are a Parent who allows your minor children to use the Service through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service.
Account Registration: You must create an account to use PictureCook. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities or actions under your account.
Prohibited Uses
You agree not to:
Use PictureCook for any unlawful purpose or in any way that could harm us, our service providers, or any other person.
Use PictureCook to create a product or service that is, directly or indirectly, competitive with or in any way a substitute for any of our products or services.
Attempt to gain unauthorized access to any portion or feature of PictureCook, or any other systems or networks connected to PictureCook.
Use PictureCook in any manner that could disable, overburden, damage, or impair PictureCook or interfere with any other party's use of PictureCook.
Fees and Payment
Subscription Plans: PictureCook offers various subscription plans. By selecting a subscription plan, you agree to pay the applicable subscription fees and any taxes as described on our website.
Price:PictureCook reserves the right to determine pricing for the Service. PictureCook will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. PictureCook may change the fees for any feature of the Service, including additional fees or charges, if Epic! gives you advance notice of changes before they apply.
Billing: Subscription fees will be billed automatically at the start of the billing period. Your subscription will continue on a recurring basis until you cancel it.
Refunds: Except as required by law, subscription fees are non-refundable.
Termination
We may terminate or suspend your account and bar access to PictureCook immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use PictureCook will immediately cease. If you wish to terminate your account, you may simply discontinue using PictureCook.
Limitation of Liability
To the fullest extent permitted by law, in no event shall PictureCook, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your use or inability to use PictureCook.
Any unauthorized access to or use of our servers and/or any personal information stored therein.
Any interruption or cessation of transmission to or from PictureCook.
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through PictureCook by any third party.
Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through PictureCook.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use PictureCook after those revisions become effective, you agree to be bound by the revised terms.
App Store
You acknowledge and agree that the availability of the PictureCook mobile application (“Application”) and the Services made available through the mobile application are dependent on the third party from whom you received the App license, i.e., the Apple App Store (the “iTunes Store”) or the Google Play Store (the “Google Play”). In order to use the Application, you must have access to a wireless network, own or control a mobile phone that is an iPhone model 7 or later, with iOS versions 13 or later, or own or control a mobile phone with Android versions 10.0 or later, and you agree to pay all fees associated with such access and use of the wireless network and/or device. You also agree to pay all fees (if any) charged by the iTunes Store or Google Play in connection with the Platform, Products, or Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable iTunes Store or Google Play when using the Platform, Products, or Services, including the Application.
Further, the following applies to any Application accessed through or downloaded from the iTunes Store or Google Play:
You acknowledge and agree that (a) the Terms of Use are concluded between you and PictureCook only, and not Apple/Google, and (b) PictureCook, not Apple/Google, is solely responsible for the Application and the content thereof. Your use of the Application must comply with the App Store/Google Play Terms of Service.
You acknowledge that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple/Google, and Apple/Google will refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, Apple/Google will have no other warranty obligation whatsoever with respect to the Application. As between PictureCook and Apple/Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PictureCook.
You and PictureCook acknowledge that, as between PictureCook and Apple/Google, Apple/Google is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
You and PictureCook acknowledge that, in the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, as between PictureCook and Apple/Google, PictureCook, not Apple/Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.
You and PictureCook acknowledge and agree that Apple/Google, and Apple’s/Google’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Application against you as a third-party beneficiary thereof.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Taiwan, without regard to its conflict of law provisions.
Contact Us
If you have any questions about these Terms, please contact us at
contact@picture-cook.com.