Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://photoized.net/ website (the "Service") operated by Photoized ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You will have the option of setting up a user account through the Service. 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 Service.
The Services and Products ("Products") offered on our Service are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Products, and you may not access the Service or use the Services for any commercial purpose. The images, photographs, card designs and other content (collectively, the "Third Party Content") contained on our Service 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 Service 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, advertising or promoting the Services. 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 Service and with the Services. You are and will be completely responsible for the use of Your Content in connection with the Service 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:
Links To Other Web Sites
- infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party;
- is or may be libelous, defamatory or slanderous;
- denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged;
- is designed to or will harass, threaten, defame or abuse others;
- exploits images or the likeness of individuals under 18 years of age;
- 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 Service may contain links to third-party web sites or services that are not owned or controlled by Photoized.
Photoized has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Photoized shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We want you to be 100% happy with your Photoized products and customer experience. If for any reason you’re not satisfied with your order, you can return your unused product within 90 days of receipt for a replacement or refund, subject to the exceptions and restrictions listed below:
Refunds are limited to amounts actually paid by you. This does not include promotional value of any special offer or discount.
Shipping: In cases where the return/refund is due to your order arriving damaged or with a defect confirmed by us, we will at our discretion either (a) provide you with a prepaid return shipping label or (b) reimburse your cost of return shipping. For all other cases, return shipping costs are the responsibility of the customer. Shipping and handling charges may apply to services that are otherwise offered on a free or promotional basis.
All orders receiving Bulk/Wholesale pricing are final and no refund will be given except in the case of material damage or defect upon your order’s arrival. If the damage or defect cannot be verified over the phone or via email contact, the item may be required to return to us for inspection before a determination can be made as to the availability of a refund. Please be sure to request and carefully review digital proofs when placing an order.
To inquire about a replacement or refund, please call customer service.
You will defend and hold harmless us and our owners, directors, officers, employees, representatives, agents and affiliates against any third party claim, action, suit or proceeding that arises from, is based on or connected with Your Content or your access of the Service, and indemnify us for all losses, damages, expenses, and costs (including reasonable attorney's fees and costs) incurred by us in connection with any such claim, action, suit or proceeding.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT THE SERVICE AND PRODUCTS AVAILABLE THROUGH PHOTOIZED ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. PHOTOIZED HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICE 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 SERVICE, (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 PHOTOIZED OR PHOTOIZED'S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability
PHOTOIZED SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. UNDER NO CIRCUMSTANCES SHALL PHOTOIZED BE LIABLE FOR ANY DAMAGE TO ANY PHONE, MOBILE DEVICE OR OTHER PRODUCT ON WHICH A PHOTOIZED CASE/PRODUCT IS USED. IN NO EVENT SHALL PHOTOIZED 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 PHOTOIZED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PHOTOIZED SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. PHOTOIZED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICE AND THE PRODUCTS IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL PHOTOIZED'S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO PHOTOIZED 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, PHOTOIZED'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WE STRONGLY SUGGEST THAT YOU DO NOT MAIL PHOTOIZED 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, PHOTOIZED'S 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 firstname.lastname@example.org:
- 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.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
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 our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Our Terms and Conditions agreement was created by TermsFeed.
If you have any questions about these Terms, please contact us at email@example.com
Last updated: September 23, 2016