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Terms & Conditions |
EZ Digital Photos, LLC provides members a fun, safe, and EZ way to print, store, share and otherwise use photographs. However, before you enter the EZ Digital Photos, LLC website or use any of EZ Digital Photos, LLC services, it is important that you carefully review our Terms & Conditions. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should always check this page to make sure you are up to date. By entering and using the EZ Digital Photos, LLC website, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and EZ Digital Photos, LLC that you will use the service that we provide only in a manner consistent with these Terms. If you have questions about these Terms, please email service@ezdigitalphotos.com. All services are entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use EZ Digital Photos, LLC. 1. MEMBERSHIP is available to you if you are at least 18 years of age and submit certain requested information to EZ Digital Photos, LLC, including your name and correct email address. In addition, by becoming a Member, you will provide EZ Digital Photos, LLC with true, accurate, current, and complete information about yourself when such information is requested by EZ Digital Photos, LLC. Services provided by EZ Digital Photos, LLC are for personal use only. At its sole discretion, EZ Digital Photos, LLC may terminate your membership if you do not login to your account at least once every 365 days. 2. SPECIAL OFFERS. As part of your membership, you are entitled to take advantage of occasional “Special Offers” that EZ Digital Photos, LLC may make to our members. Costs associated with any “Special Offers” will be charged to your credit card on file. 3. IMAGE STORAGE. As long as you are an active participant, EZ
Digital Photos, LLC offers free, unlimited storage of your digital images
on our website.
EZ Digital Photos, LLC has the sole discretion to determine whether any content is Prohibited Content, and any content submitted to EZ Digital Photos, LLC may be subject to examination from time to time. Although EZ Digital Photos, LLC does not and will not examine and review all content submitted or transmitted to the Service, EZ Digital Photos, LLC may delete, move, and edit materials for any reason, at any time, without notice. All Content (whether private or public) that is provided to the EZ Digital Photos, LLC website is the sole responsibility of the person who submitted it. To make it as crystal clear as possible - you are responsible for your content. By viewing the EZ Digital Photos, LLC website, you may be exposed to content that you consider to be offensive. You take sole responsibility for such exposure. EZ Digital Photos, LLC in no way guarantees the accuracy, quality or appropriateness of content available on the website. 5. NO RESALE OF OUR SERVICES. You will not reproduce,
duplicate, copy, sell, resell or exploit any part of the services you receive
on the EZ Digital Photos, LLC website, or use or access our services for
any commercial purpose. 7. COPYRIGHT. When you use our services, you become a participant in an online community of people who enjoy photography. In order for EZ Digital Photos, LLC to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, EZ Digital Photos, LLC needs the rights to make use of all content on the EZ Digital Photos, LLC website, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant EZ Digital Photos, LLC a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your content, solely for the purpose of providing our services. As a condition to membership, you represent and warrant to EZ Digital Photos, LLC that you either own your content or have written permission from the copyright owner to make such content available to the our website. EZ Digital Photos, LLC is protected by U.S. and international copyright laws and by other applicable laws. You may not process any content without the written consent of the owner of such content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the EZ Digital Photos, LLC website. If you believe that your work or the work of another has been copied
in a way that constitutes copyright infringement, email us at
copyright@ezdigitalphotos.com. 9. INDEMNITY. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EZ DIGITAL PHOTOS, LLC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND 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 SERVICE USING YOUR ACCOUNT. 10. LIMITED WARRANTY
11. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED UNDER LAW, EZ DIGITAL PHOTOS, LLC WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING 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 LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (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. 12. Termination EZ Digital Photos, LLC may, in its sole discretion, terminate your Membership (or any part thereof) or your use of our services, and remove and discard any content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by EZ Digital Photos, LLC elsewhere on the site, (ii) conduct EZ Digital Photos, LLC believes is harmful to other EZ Digital Photos, LLC users, the business of EZ Digital Photos, LLC, or our affiliates, or (iii) failure to continue active participation in the service. EZ Digital Photos, LLC will not be liable to you or any third-party for any termination of your access to the Service. 13. Choice of Law The state and federal courts of New Hampshire are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of New Hampshire. 14. Modification of Terms EZ Digital Photos, LLC reserves the right to amend these Terms at any time, for any reason, and without notice, including the right to terminate our services or any part of our services. Any amendments or modifications made by EZ Digital Photos, LLC will be prospective only. 15. Entire Agreement These Terms constitute the entire agreement between you and EZ Digital Photos, LLC governing your use of our services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, 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 EZ Digital Photos, LLC affiliate services, third-party content, or third-party software. The failure of EZ Digital Photos, LLC to exercise or enforce any Term will not constitute a waiver of such Term. If any Term 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 these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred. 16. Reporting Violations You can report abuse of these Terms to
service@ezdigitalphotos.com |