PhotoBook Press Terms and Conditions

PhotoBook Press, Inc. provides custom graphic design, printing and publishing services, and software that allow its customers to create, design, layout and print fine art photo books. Visitors to the PhotoBook Press website can become registered users of PhotoBook Press including our custom book configuration shopping cart, PhotoBook Press Design Tool software application and any other content or services offered by PhotoBook Press.

This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with PhotoBook Press and set up an Account). The term “User” refers to a Visitor or a Member.

BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE PHOTOBOOK PRESS PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

Amendments. PhotoBook Press may modify this Agreement from time to time and such modification shall be effective 30 days after posting by PhotoBook Press on its Website. If you do not agree to the modification, you must cease your use of the Services.

1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.

2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time. PhotoBook Press may terminate your membership at any time and for any reason, effective upon sending notice to you at the then-current e-mail address in your Account profile. Even after any termination, Sections 8 through 21 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your PhotoBook Press profile information from our live databases as well as any Content that you uploaded to the PhotoBook Press Website using such Account. PhotoBook Press will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

3. Fees. You acknowledge that PhotoBook Press reserves the right to charge for Products and Services and to change its fees from time to time in its discretion, upon posting by PhotoBook Press on the Website or in its published price list. Upon purchasing Products or using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to PhotoBook Press as set forth on the Website or published price list.

4. Conditions of sale.

4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, or American Express) and associated payment information at the time you order Books or any other products, including any information required to successfully process your payment. PhotoBook Press accepts cash, checks or other recognized payment forms, although any payment form other than credit card or cash will require prior approval and may result in a delay in the completion of your book.

Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before PhotoBook Press invoices the credit card for all amounts due and payable. By providing PhotoBook Press with your credit card number and associated payment information, you agree that PhotoBook Press is authorized to immediately invoice your account for all fees and charges due and payable to PhotoBook Press as a result of your purchase of any Books or other products. You agree to immediately notify PhotoBook Press of any change in your billing address or the credit card used for payment hereunder. PhotoBook Press reserves the right, at any time, to change its prices and billing methods, either immediately upon posting on the Website, or by e-mail delivery to you.

4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide PhotoBook Press with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred. PhotoBook Press may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. Any charges for customs clearance for international shipments have to be borne by you, as PhotoBook Press has no control over such charges and cannot foresee the amount charged (if any). As ustoms policies vary, you should contact the customs office in the country where you have us ship your Books to get more information. You are considered the importer of record and must comply with all laws and regulations of such country.

4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: PhotoBook Press: One Research Court, Suite 450, Rockville, MD 20850 USA. If PhotoBook Press does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PhotoBook Press or its agents.

4.4 Returns. All sales of Books and other products are final, subject to PhotoBook Press’s then-current product warranty, as posted on the Website.

5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify PhotoBook Press’s acceptance of your order, nor does it constitute confirmation of our offer to sell. PhotoBook Press reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by PhotoBook Press upon our delivery of the products that you have ordered.

6. Title and Risk of Loss. All sales of Books and other products are completed at PhotoBook Press’s operations, its designated point of shipment, and title and risk of loss to each shipment of the Books and other products shall pass to you when PhotoBook Press makes such shipment available to a carrier.

7. Password. When you register for an account, you will be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify PhotoBook Press immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

8. Your Book Content.

8.1 “Content” includes text, files, images, photos, works of authorship, and other material. Your “Book Content” includes Content that you include in a Design Tool order, or otherwise submit to PhotoBook Press for Books and print services.

PHOTOBOOK PRESS HAS NO OWNERSHIP IN ANY OF YOUR BOOK CONTENT.

8.2 Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.

PHOTOBOOK PRESS WILL NOT KNOWINGLY CREATE, PUBLISH OR DISPLAY ANY BOOK THE CONTENT OF WHICH, IN ITS OPINION, APPEARS TO VIOLATE THE COPYRIGHT OF ANY PERSON OR ENTITY.

8.3 Submission of Your Book Content. You may use the PhotoBook Press

Design Tool software to submit your Book Content to PhotoBook Press for publication. Alternatively, you may submit your Book Content by providing us with a PDF, which meets the submission guidelines required by PhotoBook Press, or you may upload your images through the PhotoBook Press website if you wish to have us design your book.

8.4 License. PhotoBook Press requires the following licenses to use your Book Content to be able to provide you with our Services:

8.4.1 License to print your Books. You hereby grant to PhotoBook Press a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce your Book Content for the purpose of printing the Books that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by us as demonstration or sample books, or for display on our Website). You agree that PhotoBook Press reserves, in its sole discretion, the right to maintain electronic files to fulfill any further orders or for archival purposes.

8.4.2 License to use your Book Content for optional PhotoBook Press requirements. In the event you allow PhotoBook Press to use your book or book content for product demonstration or promotional purposes, you hereby grant to PhotoBook Press a License to reproduce, distribute, publicly display, and otherwise make available the designated Book(s) and any Book Content therein, as required for PhotoBook Press to provide such promotional services.

PHOTOBOOK PRESS WILL NOT SELL, DISTRIBUTE OR OTHERWISE MAKE YOUR BOOKS OR BOOK CONTENT AVAILABLE TO ANY PARTY WITHOUT YOUR CONSENT.

9. PhotoBook Press Content. PhotoBook Press Product and Services contain Content of PhotoBook Press and its licensors (“PhotoBook Press Content”). PhotoBook Press and its licensors own and retain all proprietary rights in the PhotoBook Press Content and the Services. You shall not reproduce, distribute, publicly display, create derivative works of, decompile, or otherwise use the PhotoBook Press Content without our written permission.

10. Prohibited Content. You agree that you will not submit Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, corrupted files, or similar software; (x) violates any applicable law; (xi) involves commercial activities that are detrimental to the interests of PhotoBook Press; or (xii) otherwise violates this Agreement or creates liability for PhotoBook Press.

PhotoBook Press reserves the right to refuse to print any Book that contains Content that it determines, in its sole discretion, is Prohibited Content, and you agree to indemnify and hold PhotoBook Press and its officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.

11. Third-Party Links. The provision of links to other websites is for your convenience. PhotoBook Press has no control over, does not review, and cannot be responsible for, these outside websites or their content. The terms of our Privacy Policy do not apply to these outside websites.

12. Limited Warranty.

12.1 Limited Warranty for Books. PhotoBook Press books are hand and/or machine crafted from the finest natural and manufactured components. These materials and construction methods have, by their nature, minor differences in appearance, color, markings, and other innate characteristics of custom fine art books. Notwithstanding, PhotoBook Press warrants that, subject to these minor differences across products and printing methods, Books will be free of defects in workmanship. PhotoBook Press will replace or repair Books that are, in its sole judgment, defective which you report to PhotoBook Press within fourteen (14) days of your receipt of the defective book.

12.2 Exceptions to Warranty. PhotoBook Press does not proof, edit or change any of the Content in the Books that you submit for printing. PhotoBook Press relies on your final review and approval for any books designed by PhotoBook Press.

As a result, the foregoing limited warranty does not include the obligation to correct typographical errors, mistakes in grammar, unfinished text or other text errors; low resolution images that may appear blurry in print; design issues, including book format, organization, style, color and page layout; or any other creative choices that you make related to the Book OR which you approved before printing.

YOUR BOOK CONTENT CANNOT BE EDITED ONCE IT IS SENT TO THE PRINTER WITHOUT INCURRING SIGNIFICANT ADDITIONAL COST TO YOU.

PhotoBook Press is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall PhotoBook Press be responsible for any loss or damage resulting from use of the Services or from any Content posted on the Website or transmitted to Users, whether online or offline.

12.3 Your Responsibilities. PhotoBook Press Books are custom fine art books designed to last for many years. They are not designed to withstand the effects of high or direct heat (e.g. hot car in the summer, window sill in the sun, etc.), high humidity, pressure (e.g. stack of books), excessive or rough handling, or any combination of these conditions. Any damage that results from or evidence that the Book was subjected to these conditions will void the warranty.

12.4 Disclaimers. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, OUR SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND, PHOTOBOOK PRESS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

13. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, PHOTOBOOK PRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PHOTOBOOK PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnity. You agree to defend, indemnify, and hold PhotoBook Press, its officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of PhotoBook Press in violation of this Agreement or arising from a breach of any provision of this Agreement.

15. Electronic communications. The communications between you and PhotoBook Press use electronic means, whether you visit the Website or send PhotoBook Press e-mails, or whether PhotoBook Press posts notices on the Website or communicates with you via e-mail. For these purposes, you (a) consent to receive communications from PhotoBook Press in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PhotoBook Press provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing.

16. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of Minnesota without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement.

The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, PhotoBook Press may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

17. Notices. PhotoBook Press may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with PhotoBook Press, or by written communication sent by first class mail or pre-paid post to your address on record with PhotoBook Press. You may give notice to PhotoBook Press, addressed to the attention of its President (such notice shall be deemed given when received by PhotoBook Press) at any time by: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to PhotoBook Press at the following address: President, PhotoBook Press, Inc.: One Research Court, Suite 450, Rockville, MD 20850 USA.

18. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”

19. Other. This Agreement is accepted upon your use of the Website or any of the Services or when you register to become a Member. This Agreement, including the the Privacy Policy which is incorporated by reference, constitutes the final, complete and exclusive agreement between you and PhotoBook Press. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be interpreted to accomplish the objectives to the greatest extent possible under any applicable law and changed, and the remaining provisions will continue in full force and effect. The failure of PhotoBook Press to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Section titles in this Agreement are for convenience and have no legal or contractual effect.

20. Copyright/Trademark Information. Copyright © 2005 - 2013, PhotoBook Press. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of PhotoBook Press or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.