Effective Date: January 1, 2017
1. Use of Our Site:
You may access and use our Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Site may not be reproduced, used for resale duplicated, in any matter copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Site, in whole or in part, at any time in our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site, including any images, text, graphics, sounds, data, links and other materials incorporated into our Site, solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site or create derivative works of any portion our Site without our written consent. While using any part of our Site, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using any part of our Site, including, without limitation, by means of “hacking” or defacing any portion our Site.
Violate any applicable laws or regulations;
Upload to, transmit through, or display our Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Site
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Site.
Display adult nudity or inappropriate child nudity.
Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.
Use the Share Sites for the sale of goods or services.
Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
We have “moral right” to monitor the site and its us
2. We have a moral right to monitor the site:
What does “moral rights” mean?
The clause stating that “all moral rights in any uploaded materials have been waived” means that you allow us to use your images as necessary in order to provide the services you request.
For example, when you place an order we need to transmit your image through our internal network to our in-house print lab, convert the image into a format our printers will accept, perform cropping and enhancements to print the image correctly, and so on. These actions are necessary to fulfill your order, and we cannot legally perform them without your consent.
The legal definition of the term “moral” differs from the common definition. As it is used here it refers to your control over your copyrighted images. This clause does not infringe upon or cause you to forfeit your rights as the copyright holder of the image.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Site.
Some features of our Site, may enable you to send and receive transmissions. You acknowledge that we have no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Our site reserves the right, in our sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our Site and/or the amount of storage space available for transmissions or for any feature made available through our website.
2. REPORTING A COPYRIGHT Violation, AND/OR OTHER VIOLATION of OUR Terms & Conditions:
Someone has used my photography without my permission. What recourse do I have?
When you Are Using OUR SITE.
While using any part of our Site you agree not to:
Violate any applicable laws or regulations;
Upload to, transmit through, or display on any of our Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our service infringes on your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must contain the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our customer service representative as follows:
Edison, NJ 08817
Customer Service Hours:
Monday – Friday
8.30 AM to 4:00 PM EST
When you contact us at the above address, you may request removal of the allegedly infringing materials.
We cannot take action on nonspecific claims based on keywords, search queries, title, name, or resemblance (physical or otherwise) to another document.
Once we receive this notice, the material will be taken down in accordance with the provisions of the DMCA, and a notice will be sent to the party who uploaded the content to our site, and they will be given the opportunity to dispute your claim should they choose to do so.
Alternately, the notice can be sent via mail: email@example.com
ATTN: Copyright Protection
Edison, New Jersey 08817
For more information on United States copyright law and the DMCA, you can visit http://www.copyright.gov.
3. YOUR MEMBER ACCOUNT – ESTABLISHMENT AND MAINTENANCE:
You may create a member account with our site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on our Site. You agree not to disclose your username or password to any third party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Site.
In order to create a member account with any of our Site, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Site.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
CONTESTS AND SWEEPSTAKES
What does the ‘submissions’ part in the terms & conditions mean?
The terms and conditions outlined in the ‘Your submissions’ section are designed to protect against illegal activities an copyright abuse, and to allow us to perform the actions required to fulfill the requests of our customers.
For example, when you place an order for prints, we may need to modify your image in order to print it correctly. This includes cropping it to fit the desired print size, brightening images that are too dark, etceteras. We also transmit your order to our in-house print lab for processing.
When you use the online share feature, you are asking us to make the selected images available for viewing by your chosen recipients. Effectively, this requires us to publish and display the images.
With all of these actions, we only perform them to provide the services you request, and we never perform them in a way that compromises your privacy or your rights as the copyright holder.
WEB ADDRESSES (URLS)
In the event that we provide you with access to choose certain personalized pages and/or corresponding web addresses, (URLs), of your choosing, we do not guarantee the availability of any particular web page or URL. We reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
SOCIAL MEDIA AND OTHER SERVICES
While using our services, you may have the option of granting us access to your account(s) with certain third-party social media and other services, such as Facebook, Instagram, Flickr, Twitter, and others. Provided an SNS permits this, we can capture and make available on the Site the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site. You have the ability to disable the connection between the Site and your SNS account(s), at any time, by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Site are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
User Submitted Materials that violate these Terms may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
POLICY FOR IDEA SUBMISSION
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at our Site, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our Site; however, please note that any such ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval.
You can inquire regarding such approval by submitting information to this e-mail address as follows -firstname.lastname@example.org