This website makes use of a user-driven product customization and fulfillment web services, which are hosted and operated by My Photo Store, LLC.
BY AFFIRMING THAT YOU AGREE WITH THESE TERMS, OR ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT FOR ALL PAST, PRESENT AND FUTURE USES BY YOU OF THIS SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. MY PHOTO STORE RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.
My Photo Store is, unless otherwise stated, the owner of all copyright and data rights in the service and its contents. Individuals who have posted works to this service are either the copyright owners of the component parts of that work, or are posting the work under license from a copyright owner or his or her agent, or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the content, including any such works without the express, written consent of My Photo Store, or the appropriate owner of copyright in such works. My Photo Store does not claim ownership rights in your works or other materials posted by you to this service ('Your Content'). While My Photo Store has an inspection process that helps flag potential copyright issues, this process may, or may not, be applied to your submissions at My Photo Store sole discretion. Ultimately, you are responsible for the content of your images and materials. As such, it is very important that you take the time to research the images and materials that you submit, and ensure that you keep any reference material on hand in case of a dispute regarding the ownership of your images and materials. If you are not sure about the legality of reference material you did not create, please contact My Photo Store.
- Reporting Copyright Violations
My Photo Store respects the intellectual property rights of others and expects you to do the same. At My Photo Store discretion, and in appropriate circumstances, My Photo Store may remove Your Content submitted to this service, terminate your account and/or prevent access to this service, if My Photo Store believes you may have infringed on the intellectual property rights of others. If you believe the copyright in your work, or in the work for which you act as an agent, has been infringed through this service, please contact My Photo Store agent, for notice of claims of copyright infringement. The registered agent can be reached at firstname.lastname@example.org. You must provide him with substantially the following information, which My Photo Store may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• 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.
• 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.
All brand, product and service names used in this service which identify My Photo Store, or third parties, and their products and services are proprietary marks of My Photo Store and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person, any license or right on the part of My Photo Store, or any third party with respect to any such image, logo or name.
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this service or servers or networks connected to this website, or to disobey any requirements, procedures, policies or regulations of networks connected to this service; or, provide any information to My Photo Store that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose. My Photo Store does not endorse any content placed on the website by third parties, or any opinions or advice, contained in such content.
- International Considerations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Such includes, but is not limited to, complying with all applicable laws regarding the transmission of technical data exported from the United States, or the country in which you reside, and decency laws in the locality in which you reside.
You agree that My Photo Store, in its sole discretion, may remove and discard any content, for any reason, including and without limitation, the lack of use; or, if My Photo Store believes that you have violated, or acted inconsistently, with the Agreement. My Photo Store may also, in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that My Photo Store may immediately deactivate, or delete, your content and all related information and files. My Photo Store reserves the right to bar any further access to such files or the service. You agree that My Photo Store shall not be liable to you, or any third-party, for any termination of your access to the service. Paid accounts that are terminated for any violation of this agreement will not be refunded.
- Account Credit & Expiration
You may purchase credits for publishing services associated with My Photo Store through a monthly subscription through the My Photo Store website. Publishing service credit is non-refundable and expires 14 months from the date of purchase. My Photo Store at its sole discretion may disactivate and remove accounts which have not been logged into for a period of 24 months and remove any stored user data, photos, project data or other data.
The My Photo Store Affiliate Agreement is incorporated into, and form a part of, this Agreement.
You agree to indemnify and hold My Photo Store, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. This includes reasonable attorney fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of this Agreement, or your violation of any rights of another. You are solely responsible for your actions when using this service, including, but not limited to, costs incurred for Internet access.
This service is provided by My Photo Store on an "AS IS" and "AS AVAILABLE" basis, and My Photo Store reserves the right to modify, suspend, or discontinue the service, in its sole discretion, at any time, and without notice. You agree that My Photo Store is not, and will not be, liable to you for any modification, suspension or discontinuance of the service.
- External Links
This service, or relevant third parties, may provide links to other websites or resources. Because My Photo Store has no control over such sites and resources, you acknowledge and agree that My Photo Store is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible, or liable, for any content, advertising, products, or other materials on, or available from, such sites or resources. You further acknowledge, and agree, that My Photo Store shall not be responsible, or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on, or through, any such site or resource.
- Third Party Software
As a convenience, we may make third-party software available through the service. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider. The agreement to use such software will be solely between you and the third-party provider. By downloading third-party software, you acknowledge, and agree, that the software is provided on an 'AS IS' basis without warranty of any kind. In no event, shall My Photo Store be liable for claims, or damages of any nature, whether direct, or indirect, arising from or related to any third-party software downloaded through the service.
- Disclaimer of Warranty and Limitation of Liability
MY PHOTO STORE MAKES NO REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MY PHOTO STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. MY PHOTO STORE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT MY PHOTO STORE IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, MY PHOTO STORE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF MY PHOTO STORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU. IN NO EVENT, SHALL MY PHOTO STORE AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO MY PHOTO STORE PURSUANT TO THIS.
- General Legal Terms
The Agreement constitutes the whole legal agreement between you and My Photo Store and governs your use of this service, and completely replaces any prior agreements between you and My Photo Store in relation to this service. You agree that if My Photo Store does not exercise, or enforce, any legal right, or remedy, which is contained in the Agreement (or which My Photo Store has the benefit of under any applicable law), this will not be taken to be a formal waiver of My Photo Store rights. Those rights, or remedies, will still be available to My Photo Store. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable. The Agreement and your relationship with My Photo Store under the Agreement shall be governed by the laws of the State of Utah without regard to its conflict of laws provisions. You and My Photo Store agree to submit to the exclusive jurisdiction of the courts located within the county of Salt Lake County, Utah, to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that My Photo Store shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Further, by using this service, you agree that My Photo Store, at its sole discretion, may require you to submit any disputes arising from the use of the service, or this Agreement, concerning or, including disputes arising from, or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract, or its adaptation to, newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth above.