Website Terms of Use

Welcome to Photos Unlimited (and brands). Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of and access to our websites, mobile sites, and mobile/desktop applications, as well as our provision of products and services. Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference. By visiting any of our Websites and mobile/desktop applications, you are signifying your agreement to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Websites and mobile/desktop applications are also governed by these Terms. We may revise these Terms from time to time by posting a revised version. Your use of any of our websites and mobile/desktop applications after we post any changes will constitute your acceptance of such changes. By ordering products or using services, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these terms and the privacy policy and these terms constitute binding and enforceable obligation on you.

INTELLECTUAL PROPERTY NOTICES

Photos Unlimited owns the registered trademarks and logos used on our Websites and mobile/desktop applications. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Websites and mobile/desktop applications should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on any of our Websites and mobile/desktop applications not owned by us are the property of their respective owners.

WEBSITES AND MOBILE/DESKTOP APPLICATIONS

You may access and use our Websites and mobile/desktop applications solely for your personal, noncommercial use. Except as expressly authorized here-under, our Websites and mobile/desktop applications may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Websites and mobile/desktop applications, in whole or in part, at any time in our sole discretion.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sub-license, to access and use our Websites and mobile/desktop applications, including any images, text, graphics, sounds, data, links and other materials incorporated into our Websites and mobile/desktop applications (other than your User Submitted Materials as defined below), solely as made available by us 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 our Websites and mobile/desktop applications or create derivative works of any portion our Websites and mobile/desktop applications without our written consent. While using any of our Websites and mobile/desktop applications, 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 any of our Websites and mobile/desktop applications, including, without limitation, by means of "hacking" or defacing any portion our Websites and mobile/desktop applications;

Violate any applicable laws or regulations;

Upload to, transmit through, or display on any of our Websites and mobile/desktop applications (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our 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 (except as otherwise expressly permitted by us);

Engage in spamming;

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 our Websites and mobile/desktop applications; and

Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Websites and mobile/desktop applications.

Display adult nudity or inappropriate child nudity.

Upload photographs of people who have not given permission for their photographs to be uploaded to a share site.

Use the Share Sites for the sale of goods or services.

Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.

If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our Websites and mobile/desktop applications.

MOBILE/DESKTOP APPLICATIONS

Before using any of our mobile applications ("App"), we may ask you to install a valid copy of the App on your mobile/desktop device, register for an account, input your account information into the App as requested, and meet certain hardware and connection requirements which may change as the App evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you incur when accessing or using an App. Should you uninstall an App from your mobile device, you may not be able to use all or some of the features of the App. We use reasonable efforts to accurately display the attributes of any photographs in products that you order through an App, including the colors of those photographs; however, the actual color you see is dependent upon your mobile device, and we cannot guarantee that your mobile device will accurately display such colors.

DIGITAL IMAGE STORAGE

Photos Unlimited has the sole right to purge all images from any websites and mobile/desktop applications after the transaction has been completed. There is no expectation the Photos Unlimited will be an image repository or storage database for your images. Photos Unlimited will purge all images and any other submitted materials after 90 days of inactivity to your account. You are solely responsible for preserving your original images, copies or any other submitted materials. Photos Unlimited is not responsible or liable for missing or lost images or any other submitted materials.

CREATING YOUR ACCOUNT

You may create an account with any of our Websites and mobile/desktop applications 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 our Websites and mobile/desktop applications. You agree not to disclose your username or password to any third party. You agree that you are fully responsible for any actions taken under your account, whether you authorized or not. You will immediately notify us of any unauthorized use of your account on any of our Websites and mobile/desktop applications.

In order to create a member account with any of our Websites and mobile/desktop applications, you must be at least 18 years of age. You represent to us that you are at least 18 years old. If you are not, please do not set up an account with any of our Websites and mobile/desktop applications.

MAKING PURCHASES

If you wish to purchase any products or services through any of our Websites and mobile/desktop applications, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You represent and warrant that you have the legal right to use any credit card or other form of payment to make a purchase. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

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 Websites and mobile/desktop applications. 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 Websites and mobile/desktop applications 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 Websites and mobile/desktop applications. 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.

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 us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. 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. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.

Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Websites and mobile/desktop applications are not proprietary to you, and the rights to such template or layout will remain with us.

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 other 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 us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual 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), refuse to use any User Submitted Materials (including, without limitation, suspending 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 or services, to enforce these Terms or to comply with legal obligations or governmental requests.

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.

User Submitted Materials that violate these Terms may be removed from our Websites and mobile/desktop applications; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our Websites and mobile/desktop applications. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

COPYRIGHT ISSUES

While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our Websites and mobile/desktop applications to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Websites and mobile/desktop applications infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Websites and mobile/desktop applications; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Websites and mobile/desktop applications should be sent to:

Photos Unlimited

1701 Washington Ave

St. Louis, MO 63103

FORUMS

We may permit you to share your User Submitted Materials with other users, including, without limitation, to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with us or any of our family of brands. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, or 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 Websites and mobile/desktop applications or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of us or any of our family of brands. 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 we, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, or third party users be liable for any loss or damage caused by your reliance on such information obtained through our Forums. 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 Websites and mobile/desktop applications.

THIRD-PARTY SITES, SERVICES AND SOFTWARE

Our Websites and mobile/desktop applications may direct you to sites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that our Websites and mobile/desktop applications direct you to such Third Party Properties does not indicate any approval or endorsement of any such Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

Other sites may provide links to our Websites and mobile/desktop applications with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Websites and mobile/desktop applications, 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 your use of third party sites, services and software including your use of any content, information, data, advertising, products, or other materials on or available through such sites, services and software is at your own risk and is subject to the terms and conditions of use applicable to such sites, services and software. We will have the right, at any time and in our sole discretion, to block links to our Websites and mobile/desktop applications through technological or other means without prior notice.

DISCLAIMER OF WARRANTIES

Except for the express warranties contained in these terms, our products and services are provided as is and without warranties of any kind. Either express or implied to the fullest extent permissible by applicable law, we and our officers, employees, contractors, agents, representatives and affiliates disclaim all warranties, including without limitation, implied warranties of title.

Non-infringement, accuracy, merchant-ability for a particular purpose, and any warranties that may arise from the course of dealing, performance or usage of trade. Note: Certain applicable law may not allow the exclusion of implied warranties, so some of the above may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permissible by applicable law, neither we or our officers, employees, contractors, agents, representatives, or affiliates (THE "PHOTOS UNLIMITED PARTIES") shall be liable for any indirect incidental, consequential, special, exemplary or punitive damages for loss of business, profits, use or data, whether based on warranty or contract, (including without limitation, negligence and strict liability), even if the Photos Unlimited Parties have been advised of the possibility of such damages, arising out of or relating to the provision or failure to provide products or services, , or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth is found to have failed.. You acknowledge that the Photos Unlimited Parties are not liable for any defamatory, offensive or illegal conduct of other users or third parties. The Photos Unlimited Parties will have not liability to you or any third party for any third party content uploaded. Your exclusive remedy for dissatisfaction with products is to obtain a refund. Your exclusive remedy for dissatisfaction with services is to stop using the services to the fullest extent permissible by law. The maximum liability of the Photos Unlimited Parties arising out of or relating in any way to our provision or failure to provide products and services shall be the actual price paid by you. Note: Certain jurisdictions may not allow the exclusion or limitation of incidental, consequential or certain other types of damages, so some of these exclusions may not apply to you.

TERMINATION

Either you or we may terminate your access to our Websites and mobile/desktop applications and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Websites and mobile/desktop applications will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials. Upon termination, Photos Unlimited may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Websites and mobile/desktop applications and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.

JURISDICTIONAL ISSUES

Our Websites and mobile/desktop applications are controlled and operated from the United States. Our Websites and mobile/desktop applications are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We does not represent or warrant that any of our Websites and mobile/desktop applications, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Photos Unlimited do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Websites and mobile/desktop applications, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.