Welcome to the Comcolorprints community. Comcolorprints provides its members a fun and unique way to store and process digital photos. However, before you enter the Comcolorprints site (the "Site") or use any of the Comcolorprints services, it is important that you carefully review the Terms and Conditions as set out below (the "Terms"). In addition, specific pages on the Site may set out additional Terms and Conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials, questionnaires, surveys, and mailers), these Terms will always control. You should periodically check this page to make sure you are fully up to date.
The party you are contracting with is Comcolorprints; Comcolorprints is a division of Comcolor Photographics, its parent company. By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these terms creates a binding contract between you and Comcolorprints that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact customerservice@comcolorprints.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your full compliance with these Terms and the Privacy Policy, and those terms and conditions expressly set out below as well as those incorporated by reference.
We strongly recommend that as you read these Terms and Conditions, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain other terms and conditions that apply to you as a Comcolorprints user. Please Note: underlined words and phrases are links to these pages and websites. If you do not agree with these Terms, do not access or use the Service.
I. Terms of Membership
Comcolorprints membership ("Membership") is available to you if you are at least 18 years of age and submit certain requested information to Comcolorprints, which may include your name, address and valid email address. (The Comcolorprints website is not directed to use by children under the age of 18. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian when attempting to use this site.) In addition, by becoming a Member, you will provide Comcolorprints with true, accurate, current, and complete information about yourself when such information is requested by the Service.
As a Member of the Comcolorprints community, you have the option to pay an additional monthly fee ($7.99/month), which will be automatically billed to your credit card, for fifty (50) megabytes of additional server space to store your digital photos, ("My Photos"). If you do not purchase the additional My Photos space, you will be able to view the photos you purchased for fifteen (15) days, after which time they will no longer be stored. If you decide not to purchase the photos, Comcolorprints will delete these photos upon user log out.
Your user name and password will not expire. However, if you have elected not to pay the monthly fee for the additional My Space server storage, you may be required to re-enter your credit card information if your account has been inactive for a period of over six (6) months.
II. Print and Digitization services
As part of your Membership, you are entitled to take advantage of Comcolorprints's print and digitization services, along with other special offers that Comcolorprints may make to Members from time to time. Costs associated with photo printing (including shipping and handling fees for photos) will be charged to your credit card.
III. Digital Image Storage
As long as you elect to pay for the additional My Space storage, Comcolorprints will maintain your online photos. As of July 11, 2005, you are currently limited to 50 megabytes of storage space for your digital photos.
IV. Member Conduct
(a) Comcolorprints is committed to ensuring that the Service remains a fun, safe, and easy place to Process photographs. To achieve that end, the Service allows Members to be creative with their communications, albums, image files, creative material, film, photographs, links, and comments (collectively "Content"). Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes, but is not limited to, Content or other material that Comcolorprints believes may be: (i.) abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (ii.) Comprises copyrighted material used without the express permission of the owner; (iii.) Violates or impinges on the rights of others; (iv.) Contains viruses, worms, corrupt files, Trojan horses and any other form of corruptive code, or any other content that may compromise the Service; (v.) Promotes illegal activity; (vi.) Harms anyone, including minors; and (vii.) Provides a link to any of the above-mentioned activities.
Comcolorprints has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Comcolorprints does not and will not examine and review all Content submitted or transmitted to the Service, Comcolorprints may delete, move, and edit materials for any reason, at any time, without notice.
(b) All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
(c) By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
(d) Comcolorprints in no way guarantees the accuracy, quality or appropriateness of Content available on the Site.
(e) You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without the express written permission of Comcolorprints. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your own information) from the Comcolorprints website without the prior expressed written permission of Comcolorprints and the appropriate third party, as applicable; (iii) interfere, or attempt to interfere with the proper working of the site; or (iv) bypass any of our measures used to protect, prevent, or restrict access to our site.
V. Licensing and Site Access
Comcolorprints grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Comcolorprints. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Comcolorprints. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Comcolorprints and our affiliates without express written consent.
You may not use any meta-tags or any other "hidden text" utilizing Comcolorprints's name or trademarks without the express written consent of Comcolorprints. Any unauthorized use terminates the permission or license granted by Comcolorprints.
VI. Third Party Software
As a convenience to Members, Comcolorprints may make third-party software available through the Service. To use the third-party software, you will 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.
Comcolorprints does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Comcolorprints makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Comcolorprints does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
VII. Privacy Policy
Comcolorprints respects your privacy and has taken specific steps to further protect it. Please see our Privacy Policy.
VIII. Copyright
In order for Comcolorprints to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, Comcolorprints needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Comcolorprints a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to Comcolorprints that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
IX. INDEMNITY
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD COMCOLORPRINTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, PARENT COMPANY, AND AGENTS (COLLECTIVELY "COMCOLORPRINTS AFFILIATES") HARMLESS FROM ALL LIABILITIES, CLAIMS, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY ARISING OUT OF YOUR BREACH OF THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THRID PARTY IN RELATION TO YOUR ACCOUNT, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.
X. LIMITED WARRANTY
(A) NO LIABILITY FOR CONTENT IN NO EVENT WILL COMCOLORPRINTS OR COMCOLORPRINTS AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) EXCLUSIVE REMEDY ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. COMCOLORPRINTS WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, COMCOLORPRINTS 'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR COMCOLORPRINTS TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
(C) DISCLAIMER EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, COMCOLORPRINTS AND COMCOLORPRINTS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMCOLORPRINTS MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. COMCOLORPRINTS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) REMEDIES TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
XI. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, COMCOLORPRINTS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
XII. Force Majeure
You acknowledge and agree that Comcolorprints shall not be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
XIII. Termination
Comcolorprints may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Comcolorprints elsewhere on the Site, (ii) conduct Comcolorprints believes is harmful to other Comcolorprints users, the business of Comcolorprints, or Comcolor Photographics Affiliates, or (iii) failure to comply with the My Space terms. Comcolorprints will not be liable to you or any third-party for any termination of your access to the Service. You are personally liable for any orders that you place or charges that you incur prior to termination.
XIV. Choice of Law
The state and federal courts of Massachusetts are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of Massachusetts.
XV. Legal Compliance
You shall comply with all the applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
XVI. Modification of Terms
Comcolorprints reserves the right to amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Comcolorprints will be prospective only.
XVII. Entire Agreement
These Terms constitute the entire agreement between you and Comcolorprints governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Comcolorprints Affiliate services, third-party content, or third-party software.
The failure of Comcolorprints to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The parties shall nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
XVIII. Reporting Violations
You can report abuse of these Terms to customerservice@comcolorprints.com
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