1. Use of Nations Photo Lab's website and other systems
You may access and use the site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without Nations Photo Lab's prior written authorization. We reserve the right to alter or discontinue the site, in whole or in part, at any time in Nations Photo Lab's sole discretion. This includes and not limited to the account system, ROES versions, web-ordering systems, blog and social networks.
2. Your Member Account
You may create a member account with our sites 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 nationsphotolab.com. You agree not to disclose your username or password to any third party. Signing up for an account with Nations Photo Lab also enrolls you into our promotional email notification system, where you will be notified of upcoming promotions, news and sales. You are able to relinquish said emails by "opting out" within the email template. At the time of "opting out" you will no longer receive promotional emails. 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, Nations Photo Lab, of any unauthorized use on your account. In order to create a member account with our sites, you must be at least 13 years of age. You represent to Nations Photo Lab that you are at least 13 years old. If you are not at least 13 years old, please do not set up an account with nationsphotolab.com or any adjacent systems.
3. Your Use of our Site
Subject to and conditioned upon your compliance with these Terms, Nations Photo Lab grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the site, including any images, text, graphics, sounds, data, links and other materials incorporated into the site (other than your User Submitted Materials as defined below), solely as made available by Nations Photo Lab 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 the site or create derivative works of any portion of the site without the written consent of Nations Photo Lab. While using any of our Sites, 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 the site, including, without limitation, by means of "hacking" or defacing any portion of the site;
- Violate any applicable laws or regulations or engage in spamming;
- Upload to, transmit through, or display on the site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Nations Photo Lab's 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;
- 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 the site; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the site.
If you fail to comply with the above rules, such failure shall constitute a breach of these terms, and, in addition to any other rights or remedies Nations Photo Lab may have, we may immediately terminate your access to and use of the site.
4. Making Purchases
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.
In the event that your package is damaged in transit, your order will be replaced in a timely manner. We are not responsible for underexposed, blurry images of low quality that are submitted without attention to custom/color corrections through one of our No Color Adjusted/Corrected catalog. It is the photographer's responsibility to submit images that are suitable for printing.
Orders that are submitted and subsequently printed, before the client makes changes or cancels the order, are responsible for that order. We request that you submit an e-mail and call us immediately if changes need to be made or if the order needs to be cancelled.
5. Contests and Sweepstakes
In addition to the terms and conditions of these terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the site or social networking site(s) may be governed by specific rules that are separate from this agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.
6. Web Address (URL)
We do not guarantee the availability of any particular web page or URL, and 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.
7. Third-Party Software and Services
Other web sites may provide links to Nations Photo Lab with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to Nations Photo Lab, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that you use of Third Party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Nations Photo Lab reserves the right, at any time and in our sole discretion, to block links to Nations Photo Lab through technological or other means without prior notice.
8. 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 Nations Photo Lab and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such user submitted materials solely in connection with the provision or production of any product or service you request. We use user submitted materials only in connection with products or services we provide that you request, and for no other reason. 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.
- Please note that, while you retain ownership of your user submitted materials, any template, layout or design in which you arrange or organize such user submitted materials through tools and features made available through Nations Photo Lab are not proprietary to you, and such template, layout or design shall be the sole and exclusive property of Nations Photo Lab.
- 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 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 Nations Photo Lab a copy of any such consents, releases and/or permissions upon Nations Photo Lab's request). If you do submit a submission that contains the likeness of an identifiable individual is 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), alter or refuse to use any user submitted materials (including, without limitation, suspended 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, to protect ourselves or our affiliates, distributors, partners or other third parties, to comply with legal obligations or governmental requests.
We may permit you to share your user submitted materials with other users, including but not limited to our user comment functionality within social networks that we belong to, user forums and blogs (collectively, "Forums"). Some forum participants may use anonymous screen names and may have no other connection with Nations Photo Lab. "Forum" participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our website or others. The opinions expressed in the "Forums" reflect solely the opinions of the participants and may not reflect the opinions of Nations Photo Lab. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Nations Photo Lab, any of our, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through our website. We may, but have no obligation to, monitor the "Forums" and any materials displayed, transmitted or otherwise made available on or through the "Forums" or otherwise through our website.
Some features of our website enable you to send and receive transmissions. You acknowledge and agree that Nations Photo Lab has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Nations Photo Lab reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our website and/or the amount of storage space available via our online galleries for transmissions or for any feature made available through our website.
10. Disclaimer of Warranties
Except for the express warranties contained in their terms, the products, including all materials incorporated therein, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Nations Photo Lab, and their affiliates, partners, licensors, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade. Note â€“ applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statements of Nations Photo Lab or any of their affiliates, partners, licensors, sponsors and agents or third parties, shall create any warranty other than those expressly contained in these terms.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER NATIONS PHOTO LAB NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF NATIONS PHOTO LAB ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. Jurisdictional Issues
Nations Photo Lab is controlled and operated from the United States. Our site is not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Nations Photo Lab does not represent or warrant that any it's site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Nations Photo Lab do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit Nations Photo Lab's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regards to its principles of conflicts of law. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our, Nations Photo Lab's, prior written consent. These terms may not be modified or amended except as set forth in the introductory section of these terms. Any heading, caption or section title contained in these terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these terms, please contact: firstname.lastname@example.org.
Either you or Nations Photo Lab may terminate your access to the site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any user submitted materials. Upon termination, Nations Photo Lab may delete all information, files and materials related to your account, including any user submitted materials, and you agree that Nations Photo Lab shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, Nations Photo Lab shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.