UnitPrints Usage Agreement And Notices
AGREEMENT BETWEEN USER AND UNITPRINTS.COM
This Web site is 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 this Web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
AGREEMENT
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, at http://www.unitprints.com/policies/
COLOR
Please have your monitor calibrated to our lab standards for accurate color.
PAYMENT
UnitPrints.com 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.
YOU CONTROL WHO SEES YOUR PHOTOS
Unitprints.com 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.com 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.
USER CONDUCT
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:
a. Content we believe is abusive, deceptive (including content sent from an anonymous or false address), pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others, such as privacy rights, publicity or copyrights.
d. 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.com Services.
e. Content that advocates illegal activity, or the primary purpose of which appears to be obtaining personal information from others ("phishing").
f. Content that harms minors in any way.
g. Any links to the above.
COPYRIGHT
What you license to unitprints.com
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.com 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.com 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.com print or display any content provided by you, other than in accordance with any activity initiated by you (e.g. photo sharing, printing, etc.). 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.com 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.com are protected by U.S. and international copyright laws and by other laws. unitprints.com 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 or distribute 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.com has the absolute right to terminate your access or exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS UNITPRINTS.COM (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.
LIMITED WARRANTY
(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.COM 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.COM SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR UNITPRINTS.COM 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.COM 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.COM 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, OR (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. UNITPRINTS.COM 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.COM SITE OR THAT ARE ADVERTISED ON THE UNITPRINTS.COM 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.COM 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) 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.
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.
TERMINATION
You agree and acknowledge that unitprints.com, in its sole discretion, may terminate your unitprints.com 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.com 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.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and unitprints.com and govern your use of the Services, superseding any prior agreements between you and unitprints.com. 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.com 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.
