Welcome to PhotoShack! These Terms and Conditions comprise a binding contract between you as an authorized user of the ephotoshack Online Print service and PhotoShack for the purchase of photographic products uploaded via the Internet or sent to us on a CD, DVD, memory & hard drives. By submitting an order, you agree to be bound by these Terms and Conditions. PhotoShack will not be responsible for any loss or damage howsoever arising as a result of a failure on the part of PhotoShack to fulfill an order. The offer and description of this service by PhotoShack does not of itself represent an agreement to accept an order or supply prints in accordance with these Terms and Conditions. By becoming a member you can upload pictures you have taken and have them printed on our ePhotoShack website ("Site"). We have created a safe and easy way for you to order pictures, but it is important to review the Terms and Conditions ("Terms") located below. The Terms may be changed or updated at any time, but any revisions may be viewed here. Upon entering and use of the Site, you subject yourself to an acceptance of the Terms and are bound by them. Acceptance of the Terms creates a binding legal agreement between you and PhotoShack ("we", "us", or "PhotoShack") that you will use the services in a matter accordingly with the Terms. Any questions pertaining the Terms maybe e-mailed to: firstname.lastname@example.org Your usage of the site and its service ("Service") is solely conditioned to and subject to your compliance to the Terms. If you do not agree with the Terms, do not proceed with the usage of the Site or Service.
I. Terms of Membership
PhotoShack membership ("Membership") is available to you if you are at least 13 years of age and you must submit certain information to PhotoShack including a correct name and e-mail address. If you are under the age of 18, transactions may only be carried through a credit card belonging to your parent or legal guardian. In addition to becoming a Member, you agree to provide PhotoShack with true, accurate, current, and complete information about yourself when the Service requests such information. PhotoShack Services are for personal use only unless another agreement is decided upon. If you, your parent, or legal guardian have any questions or concerns, please feel free to contact us: email@example.com
II. About Your Account
There is no fee to open an account. Access to your account is available to you, your invitees. Access to your account is needed for the following reasons:
We can remind you of your password in case you forget it. If this becomes necessary, we will send an e-mail upon your request to the address from which you opened your account;
To maintain our Service to you and develop new and useful features and services;
To follow a court order, subpoena, complaint, or a lawful request from governmental authorities.
You agree and acknowledge that PhotoShack, in its sole discretion, may terminate your membership or use of the Service, at any time, without notice, for any reason, including but not limited to:
Conduct violating these Terms or other policies or guidelines, set forth by PhotoShack elsewhere on the Site;
Conduct that PhotoShack believes is harmful to the business of PhotoShack;
Conduct that violates the letter or spirit of these Terms.
Further, you agree that PhotoShack shall not be liable to you or any third-party for any termination of your access to the Service.
IV. Member Conduct
PhotoShack does not control the content of any Members' pictures and does not have any obligation to monitor such content. Therefore, all content is the responsibility of the Member, not PhotoShack. The following uses of PhotoShack are strictly prohibited. Any member's account that contains material that violates these guidelines can be removed without notice:
Photographs that contain pornographic material of any kind;
Photographs or content that contain bigotry, prejudice, racism, hatred, or profanity;
Material that is unlawful, threatening, harmful, obscene, or otherwise objectionable;
Copyrighted material that is used without the express permission of the owner;
Content that violates or encroaches on the rights of others;
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 PhotoShack Service;
Content that harms minors in any way.
Any material that references a site that promotes any of the above
PhotoShack has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although PhotoShack does not and will not examine and review all content submitted or transmitted to the Service, PhotoShack has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice. You are responsible for any Content that you or your invitees submit. In addition you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. You also acknowledge that PhotoShack in no way guarantees the accuracy, quality, or appropriateness of Content available on the Site. In no event shall PhotoShack (including its officers, directors, employees, affiliates, and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
V. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes without written consent from PhotoShack.
VI. Limitation of Liability
You expressly acknowledge and agree that, to the fullest extent permitted under law, PhotoShack will have no obligation or liability (whether arising in contrast, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, and 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.
VII. Third Party
PhotoShack may provide links to third party sites that might be of some interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns. PhotoShack may make software from third party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that PhotoShack does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. We do not offer any warranty on any third party software you download using our Service.
VIII. Choice of Law
The state and federal courts of Nevada shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by state and federal courts of the State of Nevada.
IX. Reporting Violations
You can report violations of these Terms to firstname.lastname@example.org
Last updated: November 2020