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Introduction: |
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These Terms of Service
describe the way in which you (the "Customer")
may use the Espresso Photo Service (the "Service"), and
the way in which Espresso Photo will operate the Service. In this
Agreement, its subsidiaries
that participate in offering the Service, or its agents, employees,
contractors, or others authorized by Espresso Photo. |
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| Definitions: |
| Service: The
Service consists of the features, functions, services, and content
provided
by Espresso Photo, as well as the features, functions, services,
and content provided by third parties accessible through the service. |
| Customer: Anyone
using the
Service is referred to as a "Customer." |
| Customer Name: A "Customer
Name" is a unique identifying name, number, or combination of
name and number assigned to an email and used to access the Service.
Your email will be your account name. |
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| Modifications
/ Changes to Agreement and Service: |
| Espresso
Photo may change the Terms of Service at any time. Espresso Photo
will notify you of the through a notice published on the Service.
By accessing the Service after a notice of a change has been published,
you are agreeing to be bound by the change. If you do not agree to
a change, you must terminate your order. Espresso Photo may discontinue
or revise any or all other aspects of the Service at its sole discretion
and without prior notice. |
| Pricing, product availability
and offers are subject to change without prior notice. We reserve the
right to make changes without notice due to market conditions, manufacturer
or supplier product discontinuation, or typographical, photographic
or technical errors in on-line or print advertising. |
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| Effective Date: |
| These Terms of Service will
become effective on the date you place your print order. |
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| Termination: |
| Since there are no long term
memebrship agreements, archival storage of your digital data on Espresso
Photo servers or hard drives you effeectivly terminate your account
each time
a print
order is completed. Espresso Photo reserves the right to terminate
or suspend access to service for any email/name by its sole discretion. |
| Continuing Obligations After
Termination: |
| Termination or suspension of
an account does not relieve you of any obligations you have accrued,
including payment of any charges due in connection with an account.
You are responsible for payment of all such charges. |
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| Fees, Charges,
and Taxes: |
| Fees for Espresso
Photo products and services shall be determined by Espresso Photo
price list, as the same may be amended from time to time. Customer
is responsible for payment of all fees, charges, and taxes accrued
on Customer's account under this Agreement. All fees and charges
will be at the rates in effect at the time the charges were incurred.
Charges incurred under this Agreement may include charges related
to use of the Service, as well as charges related to goods and services
provided by third parties but acquired through the Service. Member
will not be entitled to any credits, rebates, or refunds for times
when the Service is down or otherwise unavailable. You can visit
this link to view our pricing information. |
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| Payment Terms: |
| All charges incurred for use
of the Service will be paid at the time the product or services are
purchased. If at any time a credit card charge is refused, Espresso
Photo may, at its sole discretion, immediately suspend or terminate
this Agreement, but Customer will still be responsible for all charges
incurred. If any payment due is not made by the Customer, Espresso
Photo may, in addition to its other remedies, at its sole discretion
and without notice to the Member, (a) suspend its performance under
this Agreement and the Customer's access to and use of the Service,
or (b) terminate this Agreement and Customer's access to and the use
of the Service. |
| Computer Equipment
and Online Services:Customer is responsible for
and must provide all computer, telephone and other equipment and services
necessary to access the Service. In addition, Member is responsible
for any access charges incurred through on-line services, telephone
companies, or Internet service providers used in obtaining access to
the Service. |
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| Customer Responsibilities |
| Copyright
and Legal Compliance: Customer retains all
rights in any material uploaded to the Service by Customer or others
authorized
by Custoemr. No copyrighted material may be placed on the Service by
anyone without the permission of the copyright owner, or persons authorized
by the copyright owner to grant permission. You are responsible for
obtaining the necessary permission before permitting any copyrighted
material that belongs to others to be placed on the Service. |
| General
Copyright Information: The entire content of the Service is
copyrighted by Espresso Photo as a collective work under the United
States Copyright laws. The copying, reproduction, or publication
of any part of the Service, Web Site, and Content unless expressly
authorized in writing by Espresso Photo is prohibited. |
| Prohibited
Activities: You may not
upload, or permit others to upload, material to the Service if that
material (i) infringes or violates the rights of others, (ii) is,
or may be perceived by Espresso Photo or other likely recipients
as, defamatory, deceptive, misleading, abusive, profane, offensive,
sexually explicit, or inappropriate, (iii) contains any virus or
other content that may damage the Service or the network, or (iv)
violates any laws, rules, or regulations of any governmental or other
administrative organization having authority over the Service, Espresso
Photo, or Customers. |
Except as permitted under this
Agreement, you may not reproduce, distribute, transmit, publish, transfer,
or commercially exploit any material available on or through the Service.
Member acknowledges that it is Espresso Photo's policy to cooperate
with law enforcement agencies investigating illegal or improper activities
relating
to the
Service. |
| Backup
Copies of Images: The Service is not designed or intended
to be used as a disaster recovery facility or as an emergency data
storage facility. Although Espresso Photo takes reasonable precautions
to preserve and protect the material you may upload to the Service,
for the duration of the production cycle, you should not rely on
the Service as your only source for the material you provide. You
should backup copies of any digital information you have uploaded
or authorized others to upload to the Service. |
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| Warranty / Disclaimer / Limitation
of Liability: |
| Customer acknowledges that use
of the Service is at Customer's sole risk. The Service is not warranted
to be error free or uninterrupted, and there is no warranty as to the
results obtained through use of the Service. The Service is made available
on an AS IS basis. Espresso Photo may, at its discretion, but shall
not be obligated to, provide support for the Service and related Espresso
Photo software and tools. THERE ARE NO WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Espresso Photo
nor anyone else involved in creating, producing, or delivering the
Service, or any services accessible through the Service, will be liable
for any direct, incidental, special or consequential damages arising
out of this Agreement. In no event will the liability of Espresso Photo
for any breach of this Agreement exceed the total charges incurred
by a Customer in the month preceding the date the claim for breach
arose. The provisions of this Section will survive termination of this
Agreement. |
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| Indemnification |
| You agree to indemnify, defend
and hold harmless Espresso Photo against all damages, claims, liability,
costs, and expenses, including but not limited to reasonable attorneys
fees, arising out of violation of any of the provisions of this Agreement
by you or anyone accessing the Service under your account. |
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| Entire Agreement |
| These Terms of Service constitute
the entire agreement (collectively "Agreement") between Espresso
Photo and Customer with respect to the Service and supersede all other
communications. |
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| Governing Law / Venue / Jurisdiction: |
| This Agreement shall all be
governed and construed in accordance with the laws of the State of
California applicable to agreements made and to be performed in California,
and that any legal action or proceeding between Espresso Photo and
you for any purpose concerning this Agreement or the parties' obligations
hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in California. Any cause of action brought by
Customer must be instituted within one year after the claim or cause
of action
has arisen. Espresso Photo's failure to enforce any provision of this
Agreement shall not constitute a waiver of any provision or right. |
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