Agreement Between User And UnitPrints
Thank you for choosing to use our website and to use the products and services ("Service" or "Services"). The Services are offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using the Services, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement"). Please read each term carefully.
By using our Services, you are agreeing to each, and all, terms provided in the Terms of Service. Further, upon submitting an order, uploading an image, or in any way using our Services, including any mobile application, you reaffirm your assent to these terms.
Subject to and conditioned upon User's compliance with these Terms, UnitPrints grants to User a non-exclusive, non-transferrable, limited right and license, without right of sublicense, to access and use the Services.
Please note that once an order has been submitted it cannot be stopped from printing for any reason. Your credit card or PayPal account will be authorized and charged at the time your order is placed. All orders must be properly labeled and submitted to avoid any additional fees. Our lab policies are available for viewing online, here.
Please have your monitor calibrated to our lab standards for accurate color.
UnitPrints is granted permission to charge your credit card or PayPal account upon ordering. No credit card charge backs will be accepted for any reason. As an account holder you are responsible for payment of all orders submitted using your account. We are unable to accept third party payments.
By creating an account, User agrees that he or she will provide complete, current and accurate information about User as requested, and that User will keep that information up-to-date. User is responsible for protecting the confidentiality of their username and password that they use to access Services.
YOU CONTROL WHO SEES YOUR PHOTOS
UnitPrints is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members that you choose to invite have access to your photos.
DIGITAL IMAGE STORAGE
UnitPrints offers free, unlimited storage of your online photos from digital photos that you upload to your account. There is no limit to the number of digital photos you can upload and store.
We are committed to ensuring that our Services remain a fun and safe place to print, digitize, store and share photographs and other content. Members are encouraged to use the Services to post creative material, including photographs, digital images, links, and comments. To this end, we require that every user of the Services refrain from uploading, posting, storing, sharing or otherwise using the Site to process "Prohibited Content." Generally, Prohibited Content includes (without limitation) any of the following:
- Content we believe is abusive, harassing, stalking, threatening, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
- Copyrighted material that is used without the express permission of the owner.
- Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
- Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the UnitPrints Services.
- Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing").
- Content that harms minors in any way.
- Any links to the above.
What you license to UnitPrints:
When you use our Service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos and UnitPrints available to you and anyone you authorize to see your images, we need the rights to make use of all content on the Services (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your use, you hereby grant UnitPrints (and those we work with) a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any content transmitted or provided to the Services by you, solely for the purpose of providing the Services. In no event will UnitPrints print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.). This grant extends to the full extent permissible by law. You remain the owner of all content that you submit to the Services and as a condition of use, you represent and warrant to UnitPrints that you are the owner of the copyright the content you submit to the Services or that you have written permission from the copyright owner to submit such content.
COPYRIGHT PROTECTION FOR CONTENT ON THE SERVICES
All information, images, content, software and materials offered on or posted to UnitPrints are protected by U.S. and international copyright laws and by other laws. UnitPrints is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy, edit, distribute, or derive material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. UnitPrints has the absolute right to terminate your access or exclude you from the Services if you use our Services to violate the intellectual property rights of third parties.
FURTHER COPYRIGHT AND PRIVACY PROTECTION
UnitPrints' privacy policies, which are incorporated herein by reference, explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that UnitPrints can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property through our website. If you think someone is violating copyrights and want to notify us, you can find information about submitting notices and UnitPrints' policy about responding to notices here.
BUSINESS USES OF OUR SERVICES
If User uses our Services for, or on behalf of, a business, that business accepts these terms. It will hold harmless and indemnify UnitPrints in accordance with the terms of the Agreement.
SALES AND USE TAX
UnitPrints has nexus in Michigan and Texas. when we ship to Michigan or Texas we are required to collect and pay sales tax. It is up to you to determine and specify the amounts of any tax the customer is obligated to pay or you are obligated to collect. You will be solely responsible for all obligations associated with any and all taxes in connection with your transactions, including the calculation, collection and payment of any taxes. UnitPrints does not have, and does not undertake or accept, any obligation to collect taxes from your customers or remit them to any government. You acknowledge and confirm that the obligation, if any exists, to collect sales, use, or other taxes from your customers is your obligation, not UnitPrints; and the liability for taxes, penalties or interest, if there is any such liability, is that of you, not UnitPrints. You agree to indemnify UnitPrints and defend and hold it harmless for any claims (by a customer, government, or any other person or entity) related to sales, use, or other taxes in connection with your activities and transactions, including any asserted errors or omissions in calculating, collecting, remitting or paying taxes.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UnitPrints (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. UnitPrints WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRINT(S) ARE DAMAGED, OR ARE OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, UnitPrints SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR UnitPrints TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UnitPrints ON BEHALF OF ITSELF AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UnitPrints MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS, OR (IV) THAT THE SERVICES, SITE, OR CONTENT WILL BE AVAILABLE. UnitPrints MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH UnitPrints SITE OR THAT ARE ADVERTISED ON THE UnitPrints SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER UnitPrints NOR ITS SUPPLIERS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT, OTHER FINANCIAL LOSSES OR INDIRECT, SPECIAL CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMGES) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THIS LIMITATION EXTENDS TO THE FULL EXTENT PERMISSIBLE BY LAW. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree and acknowledge that UnitPrints, in its sole discretion, may terminate your UnitPrints membership or use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason.
MODIFICATION OF TERMS
You agree that UnitPrints reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Service. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changed addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Service.
THIRD PARTY RIGHTS
These Terms control the relationship between User and UnitPrints. It does not create any third party beneficiary rights.
JURISDICTION AND CHOICE OF LAW
The laws of Texas, U.S.A., excluding Texas's conflict of law rules, will apply to any disputes arising out of or relating to these terms or Service. All claims arising out of or relating to these terms or Service will be litigated exclusively in the federal or state courts of Williamson County, Texas, U.S.A., and User and UnitPrints consent to personal jurisdiction in those courts.
These Terms constitute the entire agreement between you and UnitPrints and govern your use of the Services, superseding any prior agreements between you and UnitPrints. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of UnitPrints to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.