Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by us or our fulfillment service, Photo Finale, Inc., an online photography service, provided on our co-branded retailer site, as well as mobile and Facebook applications (collectively, the “Service”).
By using our Service you agree to be bound by Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by additional wording set out in Terms.
This Service is operated by Omega Photo, a company under the laws of the State of Washington. Omega Photo has formed a trusted third party relationship with Photo Finale, Inc. are also referred to in these Terms as “we” and “us”.
2. Purpose of the Service
We offer digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices.
3. Backup your data
We require that you maintain a backup copy of all images and content stored on the Service such that in the event of a catastrophic data loss on the Service, your images will be also be available on your local computer or archived media. The download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content.
We use all reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. Every reasonable step will be taken to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service are proprietary marks of Omega Photo, and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Omega Photo or any third party with respect to any such image, logo or name.
Omega Photo and it’s trusted third party fulfillment service are, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice below.
8. External Links
From time to time we may provide links that will take you to other third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Omega Photo is not liable for any loss or damage that you may suffer by using other websites.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to us for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
10. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Washington.
These Terms constitute the entire agreement between Omega Photo and you with respect to your use of the Service. Omega Photo’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us by email at firstname.lastname@example.org.
13. Registered users
Access to certain areas of our website is restricted to registered users.
You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person’s username and password to access our website.
Registered users will have access to such additional features on our website as we may make available.
We may disable usernames and passwords, delete accounts, and delete any information associated with an account, at our sole discretion without notice or explanation.
Provisions Applicable to Registered Members and Customers
To purchase from, or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
16. Formation of a Binding Contract
No contract will exist between you and us for the supply of any services or products unless and until we accept your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
17. Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.
18. Copyright in Your Images
We do not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to you a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Omega Photo;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to upload, post, email or otherwise transmit any material which is likely to cause harm to ours or anyone else`s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make images hosted by us available for viewing by the general public through a publicly posted link to the image or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
b. provide any information to us, or our order fulfillment service provided by Photo Finale, Inc., that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
Omega Photo does not control the content of members` accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
21. Suspension and Termination of Access and Membership
You agree that we may at any time without notice:
a. refuse to accept your application to become a member;
b. move or suspend any part of the Service; or
c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in our sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.
22. Disclaimer of Warranty and Limitation of Liability
Omega Photo agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose. THE SERVICE, Omega Photo and PHOTO FINALE’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Omega Photo and PHOTO FINALE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO US, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, WE SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY US, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY FOR THE COST OF THE ORDER. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, Omega Photo and PHOTO FINALE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.