The content and information on this web site, as well as the design or layout of this web site, is protected by copyright and may not be copied or imitated in whole or in part. Copyright © 2000 – 2008 Enliven Marketing Technologies Corporation. All Rights Reserved. Except as specifically permitted herein, no logo, graphic, sound image, text or other material may be reproduced in any form or by any means without prior written permission from the Company. Please report instances of such use to email@example.com
Except as otherwise indicated elsewhere on this web site, you may view, download, and print the documents or information available on this web site subject to the following conditions:
A. Eligibility: To use the Service, you must open an account with the Company, which means you must register with the Company on this web site and agree to these terms (an "Account¨). You must be at least 18 years of age to use the Service. By using the Service, you certify that you are at least 18 years of age and that you agree to be bound by these terms . If you do not agree to be bound by these terms or if you are not at least 18 years of age, please immediately exit the site.
A. You can purchase the photographs you post to this web site from the Company in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through the Company and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
The Company respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. The Company will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through the Service, please contact the Company for notice of claims of copyright infringement at firstname.lastname@example.org, or at Enliven Marketing Technologies Corporation, 205 West 39th Street, 16th Floor, New York, NY 10018, (212)-201-0800.
A. Limits; Compliance with Law and Indemnification: You may not use the Service to post, obtain, upload, store, print, transfer or transmit any pictures, text or other image or material that is unlawful, whether a violation of civil rights (such as libel), intellectual property rights (such as copyright) or criminal law (such as obscenity), or that fosters hatred of any race, religion, ethnicity, age-group, gender or sexuality or that threatens any party, or for which you have not obtained the permission of the owner of any rights in such images and materials and the persons (or their parents or legal guardians, where applicable) who are shown in such images and materials, or that is sent from an anonymous or false address. The form and content of pictures, text or other material that you post, obtain, upload, store, print, transfer and transmit is governed by applicable laws and regulations (such as, those prohibiting child abuse, pornography (including child pornography), obscenity, profanity, copyright infringement, or invasion of privacy or violation of rights of publicity) and you agree that you will not violate such laws or these terms. The Company recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content.
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by the Company, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this web site, you agree to indemnify and hold the Company, its subsidiaries, affiliates, suppliers, providers, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms.
You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by the Company regarding the use of the use or purchase of the photographs or the Products.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS”. THE COMPANY AND ITS AFFILIATES AND PROVIDERS MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY AND ITS AFFILIATES HEREBY SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THIS WEB SITE AND/OR THE INFORMATION, CONTENTS, IMAGES AND/OR SOFTWARE AVAILABLE ON OR FROM THIS WEB SITE. THE COMPANY AND ITS AFFILIATES AND PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THIS WEB SITE OR ANY MATERIAL DOWNLOADED FROM THIS WEB SITE. ANY SOFTWARE DOWNLOADED FROM THIS WEB SITE AND ALL TECHNOLOGY, TRADEMARKS, INFORMATION OR SERVICES LICENSED HEREIN ARE LICENSED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THIS WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT THE COMPANY OR ITS AFFILIATES OR PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL THE COMPANY, OR ITS AFFILIATES OR PROVIDERS, BE LIABLE FOR SPECIAL, INCIDENTAL, DIRECT, INDIRECT, COMPENSATORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF BUSINESS, USE, DATA, IMAGES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION, THIS WEB SITE OR THE PRODUCTS OR SERVICES RELATED TO, ASSOCIATED WITH, OFFERED BY OR AVAILABLE FROM THIS WEB SITE . SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This web site may contain links to third-party web sites not under the control of the Company. The Company makes no representations whatsoever about any other web site to which you may have access through this web site. Access of a non-Company web site is done at your own risk and the Company is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. The Company provides these links merely as a convenience. The inclusion of such links does not imply that the Company endorses or accepts any responsibility for the content or uses of such web sites.
The trademarks, logos and service marks ("Marks") displayed on this web site are the property of the Company, its affiliates or third parties. You are not permitted to use the Marks without the prior written consent of the Company, its affiliate or such third party which may own the Marks.
These terms shall be governed by the law of the state of New York without reference to its conflict of laws principles. Any dispute or claim arising out of or related to these terms shall be finally settled by binding arbitration in New York City, New York, under the American Arbitration Association Commercial Arbitration Rules by one arbitrator appointed in accordance with the AAA Rules.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
March 12, 2008