Privacy
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand how important your security is to us.
Purchase Related Policies
The products available on the Site are for your personal use. We grant you the right to resell any of the finished products you purchase from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order at any time; in such an event, we will credit the difference to the credit card used for the original purchase.
All prices and discounts are subject to change without notice. In the case of a reduction in price, upon request, adjustments will be granted only to orders still in process.
Our services are performed by real people who use their talents on each order. Therefore, as a condition of purchase, and without exception, you agree that any order canceled after we begin work on the order (sometimes in less than 12 hours) will result in a $25 charge to your credit card, and an additional $5 for each proof revision, if submitted. If you have ordered proofs of more than one design, you agree that the cancellation fee will be $25 for the initial design, and $15 for each additional design ordered. We act in good faith when we create customized orders - this fee is to cover the time necessary to create each card / announcement. Please note, that failing to respond to your proof (for any reason) within 20 days after the order is placed, will result in an automatic cancellation and fee.
We ensure that all orders are complete prior to leaving our facilities. Regardless, please check your order upon receipt; in the rare event your order is "incomplete" (missing cards) or if damage has occured, we must be notified within 5 business days from the date of delivery. We will need to verify the packing materials used before processing a shortage or damage claim, which may require visual inspection by submitting digital images to us - do not discard any portion of the packing materials until you have confirmed the accuracy of your order. We cannot provide credits to shipping costs, or refund/credits towards orders which are delayed less than 14 days for circumstances beyond the shipper's control, i.e., weather, emergency conditions, etc.
You warrant that the images you are submitting to us are your own personal images, for which you hold the legal copyright, or you have permission from the copyright owner to use the images for your cards. By submitting images, you automatically grant us the right to use these for the purposes of creating your cards/announcements. You agree that we may store thesel images for up to 90 days as a part of your original order. However, we may delete these images at our discretion before the end of the 90-day period.
For birth announcements, you warrant that you are the parent or legal guardian of the child or children portrayed in the images you are submitting. We cannot accept images of children/babies in which full or partial nudity exposes any part of the genital area. Such images will be immediately deleted from our files.
For additional policies related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
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Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
Our online samples and proofs are color balanced for viewing online. We strongly suggest viewing our website with a monitor that has been adjusted to display color with reasonable accuracy. Regardless, we do not guarantee that our final prints will match exactly to how the online sample is represented on any computer monitor.
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Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, and the compilation thereof (collectively, the "Content") is the property of PhotoAffections.com., and is protected by United States copyright laws.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of PhotoAffections.com and are protected by United States trademark laws.
All greeting card and announcement designs offered for sale on this site are both legally copyrighted by our designers and officially licensed for sale at PhotoAffections.com. Any attempt to copy or closely emulate our designs for the purpose of exploitation or profit will be prosecuted to the fullest extent of the law.
If you choose to copy or closely emulate the designs on our site, please be so kind as to supply us with the name and address of your attorney, to expedite legal proceedings. Thank you!
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Your Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions. You shall act in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to PhotoAffections.com.
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Your Account
In order to purchase from Photo Affections.com, you must register at the SIte. You will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in PhotoAffections.com's best interests to do so.
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Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by PhotoAffections.com of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
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Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OF THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Copyright Indemnification
Purchaser agrees to hold harmless PhotoAffections.com. for all costs, expenses, attorney's fees or judgments resulting from any claims or lawsuit made against PhotoAffections.com for any grounds claiming that the work produced by Photo Affections.com violates any copyright or proprietary right of any person or entity.
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Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of Texas, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the State of Texas. Any dispute relating in any way to your visit to the Site shall be submitted to arbitration in the State of Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
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