You will have the option of setting up a user account through the Site. By doing so, you agree that (a) you are at least 18 years of age and (b) you have provided us with true, accurate and current information about yourself when requested during the registration process (including your name and email address). You will be solely responsible for all activities conducted through your user account, including but not limited to any purchases from and submissions to the Site.
The Services and Products ("Products") offered on our Site are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products, and you may not access the Site or use the Services for any commercial purpose.
The images, photographs, card designs and other content (collectively, the "Third Party Content") contained on our Site may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorized to use them by their owners. You may not use any third party intellectual property without such express authorization.
In accessing the Site and using the Services, you may submit to us your own images, photographs, text or other content (collectively "Your Content"). By submitting Your Content to us, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute Your Content for the purpose of providing the Site and the Services. We will not use your Content to market, promote or advertise the Site or Services without your express written permission. You further represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services. You are and will be completely responsible for the use of Your Content in connection with the Site and the Services.
We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that such content is inappropriate or otherwise not consistent with the exercise of good judgment. For example, and without limitation, we may reject any content that we believe: (i) infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party; (ii) is or may be libelous, defamatory or slanderous; (iii) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; (iv) is designed to or will harass, threaten, defame or abuse others; (v) exploits images or the likeness of individuals under 18 years of age; (vi) characterizes any other unlawful activity as acceptable, glamorous or desirable; or (vii) contains viruses, worms, Trojan horses or any material which may compromise the Services.
From time to time, our Site may include links to third party sites or products that we think may be of interest to you. We include these links only as a matter of convenience for you. We make no representations or warranties concerning such third party sites or products, and your use of such third party sites and products will be governed by the policies and rules of such third parties.
Due to the personalized nature of the Products, all sales are final when you submit your payment and no refunds will be issued. Please carefully review your order in the Online Preview tool in Step 2 before finalizing your order. Upon request, a digital proof of your orders will be provided once the order has been successfully completed, according to our proof schedule.
YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH PHOTOAFFECTIONS ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PHOTOAFFECTIONS HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY PHOTOAFFECTIONS OR PHOTOAFFECTIONS' REPRESENTATIVES SHALL CREATE A WARRANTY.
PHOTOAFFECTIONS SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PHOTOAFFECTIONS BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PHOTOAFFECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PHOTOAFFECTIONS SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. PHOTOAFFECTIONS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SITE AND THE SERVICES IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL PHOTOAFFECTIONS' LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO PHOTOAFFECTIONS FOR THE SERVICES IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, PHOTOAFFECTIONS' LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE STRONGLY SUGGEST THAT YOU DO NOT MAIL PHOTOAFFECTIONS 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, PHOTOAFFECTIONS' SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.
We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at email@example.com:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
- your address, telephone number, and email address; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.