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Important: Please read the following information carefully: Imagine Your Photos can be contacted for Customer Service issues at 877-497-4686 or service@IYPStore.com. Changes to Terms of Use User agrees to comply with these Terms of Use, which Imagine Your Photos may change from time to time without notice to User. User acknowledges any changes to the Terms of Use are immediately effective upon being published to this Internet Site. Description of Service Imagine Your Photos currently provides online websites designed to enable the sale of personalized products for commercial and consumer use. These websites enable the composition of personalized products by allowing the end user to select a product style and template, add an uploaded digital image, and personalize the text. Imagine Your Photos also fabricates orders. User understands and agrees that the Service is provided as such and that Imagine Your Photos assumes no responsibility for timeliness, deletion, or misdelivery of orders, or the failure to store any user communications or personalization settings. Pricing Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the User's credit card has been successfully charged for the order. Privacy Policy Imagine Your Photos respects User's privacy. When placing an order, User provides information including User's name, telephone number, email address, mailing address, as well as order recipient name, telephone number, email address and mailing address (Private Information). Imagine Your Photos will not sell, barter, lease, rent, donate or share User's Private Information. Imagine Your Photos will provide user's Private Information solely to enable the fulfillment of User's Order. Image Storage User acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Uploaded images, text, and finished orders will be deleted at the end of each order. Imagine Your Photos will not be held liable for losses caused by the deletion of User's images, content, or finished orders. Copyright Protection User acknowledges that the images uploaded and utilized by User to compose an order are not copyrighted by a third party or, if copyrighted, User has secured the right to use the image for the order User is placing. User indemnifies Imagine Your Photos for any copyright infringement caused by order(s) placed by User. User indemnifies Imagine Your Photos from and against all claims by a third party and resulting costs for copyright infringement related to User's order including, but not limited to, lawsuits, claims, losses, legal costs, court costs, travel expenses, fines, damages, licensing fees and other costs. Offensive Content User agrees to not compose orders containing Offensive Content. Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. User agrees that Imagine Your Photos may determine at their own discretion what content it deems Offensive Content. User agrees that Imagine Your Photos may choose to not produce any order that contains Offensive Content. Accuracy of Colors Imagine Your Photos strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site. User indemnifies Imagine Your Photos for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages. Customer Service and Returns User acknowledges that Customer Service related to the purchases made on the site will be provided by Imagine Your Photos. Because each item is custom-made, all sales are final. Products are sold as is. Returns are not accepted. WARRANTY Imagine Your Photos MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT FEATURED IN THIS INTERNET SITE. Imagine Your Photos EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, Imagine Your Photos SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR DAMAGES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED FROM THIS INTERNET SITE. LIMITATION OF LIABILITY THIS INTERNET SITE IS PROVIDED "AS IS." Imagine Your Photos SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. Imagine Your Photos AND ITS SUBSIDIARIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. Credit Card Transaction Processing User authorizes Imagine Your Photos to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within five business days of order acceptance. Shipping may take up to five business days. Computer Equipment and Access User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software. Security Imagine Your Photos utilizes Secure Socket Layer (SSL) technology with 128-bit encryption to protect Private Information and credit card information. Users of the site are responsible for maintaining the confidentiality of their account(s) and password(s) and for restricting access to their computer. User certifies that User is at least 18 years of age. Anyone under 18 years of age must have permission and accompaniment of an adult to use the site. Property Rights It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of Imagine Your Photos. All materials including images, illustrations, designs, icons, photographs, written content and other materials that are part of this Internet Site are copyrighted by Imagine Your Photos. This Internet Site contains copyrighted software and other proprietary material that may not be decompiled, reverse engineered, disassembled or otherwise reproduced, in whole or in part. User grants Imagine Your Photos and its designated agents the right to use images user uploads to the site. User grants Imagine Your Photos the right to display any image User uploads to the site and orders User composes on the site as an example of customer orders. Applicable Law This site is created and controlled by Imagine Your Photos in the State of Florida. User agrees that the laws of the State of Florida will govern all terms, conditions, and disclaimers on the site, including these Terms of Use, without giving effect to any principles of conflicts of law. Jurisdiction for any lawsuit brought by either party hereunder shall lie exclusively with the U.S. District Court for the Southern District of Florida. Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions shall not in any way be affected or impaired thereby, and to the extent possible the parties shall cooperate to comply with the intent of the otherwise unenforceable provisions. Force Majeure Imagine Your Photos shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of Imagine Your Photos. Entire Agreement This agreement comprises the entire agreement between User and Imagine Your Photos and supersedes any prior or previous agreements between us. |