PLEASE NOTE THAT THE SECTION LABELED “CLASS-ACTION WAIVER AND AGREEMENT TO ARBITRATION” BELOW CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS IN ANY DISPUTE WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OUT OF YOUR USE OF THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF ANY SERVICE OR PRODUCT.
You are solely responsible for all activities that may occur under your account and for ensuring that you exit or log out of your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify us immediately of any unauthorized use of your account or password or any other breach of security that is known or suspected by you.
Certain of the Services are available via a mobile device, which may include, without limitation (a) the ability to upload document/images to the Services, (b) the ability to browse the Services and (c) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent to which you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
We are in the business of offering personalized products (the “Products”). The Products generally require information that you provide, including, without limitation, text, photographs or images (“Your document”). The Services and the Products are for your personal use only. You may not reproduce duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products except as permitted by these Terms, and you may not access or use the Services for any commercial purpose whatsoever. Any use of the Services other than as expressly authorized in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by us.
By submitting Your Document to us, you grant us a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to reproduce, prepare derivative works based upon, publicly distribute copies of, publicly perform, publicly display and otherwise use and exploit the limited purpose of providing the Services and promoting other services to you that we believe will be of interest to you. You represent and warrant that you either own Your Document or have written permission from the applicable intellectual property rights owner (for example, your photographer) to make Your Document available to us for use with the Services and on the Products you order.
Without limiting the generality of the foregoing paragraph, you acknowledge that we will need to work with Your Document in order to provide you with the Services and the Product. For example, we will copy, and we may need to display, modify and transmit Your Document when making the Products, and we will distribute Your Document when shipping the Products to you. By the license granted above, you are giving us permission to do this and, because we are using Your Document to provide you with the Services and the Products, you will not charge us any royalty. We will retain Your Document on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or to use elements of Your Document in making Products for new orders, all without the need to upload Your Document again. We agree that our use of Your Document will be limited to the scope of the Services and the Products that we provide. And rest assured that we will never use Your Document to market, promote or advertise the Services to others without your express written permission.
We reserve the right to reject any or all of Your Document if we determine, in our sole discretion, that Your Document is inappropriate or otherwise inconsistent with the exercise of good judgment. For example, and without limitation, we may reject any of Your Document that we believe:
· infringes an intellectual property or other right of a third party;
· is nor may be libelous, defamatory or slanderous;
· denigrates or offends any group on the basis of ethnicity, race, gender, sexual orientation or religion, or persons who are physically or intellectually challenged;
· is designed to or would harass, threaten, defame or abuse others;
· incites or advocates terrorism or violence;
· characterizes any other unlawful activity as acceptable, glamorous or desirable; or
· contains viruses, worms, Trojan horses or any material which may compromise the Services.
Our Intellectual Property
You acknowledge and agree that the Services contain software and content (“Our Intellectual Property”) that is protected by copyright, trademark, trade secret and/or other laws, regulations and rules and owned by us and/or our licensors and affiliates.
Without limitation, unless otherwise designated, we own all of Our Intellectual Property, including, without limitation, all of the trademarks and logos used in connection with the Services (“Our Trademarks”). Nothing in these Terms or otherwise grants any license or right to use any of Our Trademarks without our prior written permission in each instance. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Services. All goodwill generated from the use of Our Trademarks will inure to our exclusive benefit.
The use of prints, images or screen captures from the Services is limited to your personal, non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connection with your use of the Services. You will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in or to Our Intellectual Property.
Third-party Intellectual Property
Certain of the Services and the Products contain images, photographs, layouts, designs and other content that may consist of the copyrights, trademarks, service marks, trade names and other intellectual property of third parties (collectively, the “Third-party Content”). Third-party Content is provided for your convenience for the specific purposes for which we have provided them. You may not use Third-party Content for any other purposes whatsoever without the prior express authorization of its owner.
Prohibited Uses of the Services
You are solely responsible for Your Content that you stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “Transmit”) via the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing any offending content from the Services, suspending or terminating any account of such violator(s) and reporting such violator(s) to appropriate law enforcement authorities. As a condition for accessing and using the Services, you agree not to use the Services to:
1. Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors or otherwise), hateful or abusive, or otherwise similarly objectionable, (b) poses or creates a privacy or security risk to any person, (c) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation, (d) characterizes any unlawful or immoral activity as acceptable, glamorous or desirable, (e) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged or (f) contains images or likeness of minors without the valid consent of a parent or legal guardian;
2. Harass another person by any means including, without limitation, by using their email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
3. Violate any applicable local, state, national or international law, regulation or rule;
4. Transmit or make available any content that you do not have the lawful right to Transmit, that would infringe the intellectual or proprietary rights of any third party (including, without limitation, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
5. Engage in any conduct that would interrupt, destroy, limit or harm the Services or enable you to gain unauthorized access to the Services, including, without limitation, by using viruses, Trojan horses, worms or malicious computer code, programs or files;
6. Reproduce, copy, sell, or commercially use (including, without limitation, the right to access) the Services;
7. Solicit personal information from anyone under the age of eighteen (18);
8. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means; or
9. Further or promote any criminal activity or provide instructional information about illegal activities
In case of any violation of the above Terms, and without limitation, we reserve the right to terminate your account and/or block you from accessing the Services and disclose any information if required to do so by law or in the good-faith belief that such preservation or disclosure is\\ reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
Information You Provide
Any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and distribution of Submissions for any purpose, without acknowledgment or compensation to you.
Practices Regarding Use and Storage of Your Document
We may preserve Your Document and may also disclose Your Document if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests, (b) enforce these Terms, (c) respond to claims that any content violates the rights of third parties or (d) protect the rights, property, or personal safety of us, our users or the public.
We may establish practices and limits concerning use o the Services, including, without limitation, the maximum period of time that data or other content is retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. We will have no responsibility or liability for the deletion or failure to store any data or other content maintained or Transmitted by or to the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, such time to be determined in our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Our websites use “cookies.” Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on our websites and personalize your experience. For example, cookies enable us to remember your viewing preferences without requiring you to re-type a user name and password. Cookies also allow us to track your status or progress when ordering Products from us. If you choose, you can set your browser to reject cookies, or you can manually delete individual or all the cookies on your computer by following your browser’s help file directions. However, if you reject or delete cookies, you may have some trouble accessing and using some of the pages and features on our websites. We also use other common information-gathering tools such as web beacons and embedded web links.
To the extent to which the Services and/or the Products or any portion thereof are made available for any fee or charge (including, without limitation, shipping and handling charges), you will be required to select a form of payment and provide us information regarding your credit card or other form of payment authorized by us. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment. When you make a payment, you authorize us (and our designated payment processor(s)) to charge the full amount to the payment source you designate for the transaction. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You will pay us all fees and charges incurred in accordance with the authorized form of payment and these Terms. If you dispute any fees or charges, you will let us know within sixty 60) days after the date that we invoice or otherwise charge you, and give us the opportunity to remediate any problem which you believe entitles you to dispute those fees or charges. You hereby grant to us the right to fix any payment processing errors that we may discover, and the right to correct any such processing errors by debiting or crediting the payment method used for the transaction found to be in error.
Limitation of Liability – Soft Copy and Prints
WE STRONGLY SUGGEST THAT YOU DO NOT MAIL US ORIGINAL FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY FOR YOUR RECORDS. IF YOUR FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
Limitation of Liability – Data and Usage Restrictions
WE WILL NOT BE LIABLE IN ANY MANNER FOR ANY DATA OR USAGE LIMITS, CAPS OR RESTRICTIONS, OR ANY RATES OR CHARGES, APPLIED TO OR ASSESSED ON YOUR MOBILE DEVICE BY ANY THIRD PARTY THAT RESULT FROM YOUR USE OF THE SERVICES OR OTHERWISE. WE SUGGEST THAT, WHEN AVAILABLE, YOU USE YOUR MOBILE DEVICE WITH A WI-FI CONNECTION IN ORDER TO MINIMIZE THE LIKELIHOOD OF ANY OF THE FOREGOING OCCURRING TO YOU.
Termination, Deactivation and Suspension
You or we may terminate your account at any time. If you violate these Terms, we also will have the right to deactivate or limit your access to the Services. You agree that any termination, limitation and/or deactivation may be effected by us without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination and deactivation.
Special Notice for International Use; Export Controls
All software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk, and you must comply with all international and domestic law, regulations and rules regarding your use of the Services.
We reserve the right to change these Terms at any time, effective immediately upon posting here. Any updates, new services or modifications of existing services will be governed by these Terms. The continued use of the Services following the posting of changes to these Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms.
All prices and features of the Services and the Products are subject to change without notice.
We reserve the right to modify, discontinue or suspend, temporarily or permanently, any of the Services (or any part thereof) and/or the Products, with or without notice. You agree that we will not be liable to you or to any third party for any modification, discontinuance or suspension of any of the Services or the Products.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or the use of the Services. We have the right to assign any or all of our rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Services may not be assigned by you without our express written consent.
Nothing contained in these Terms will be deemed to create, or be construed as creating, any third party beneficiary right of action upon any third party, in any manner whatsoever.