Acceptance of
Terms of Use
Welcome to PhotoBiz, a Florida Limited
Liability Company (LLC). PhotoBiz. will
be referred to throughout as “PhotoBiz.”
These Terms of Use govern your use of
PhotoBiz service. By using PhotoBiz
and/or any tool, function or service of
its website, you are indicating you
agree to be bound by these Terms of Use
as such terms may be modified from time
to time. Please read the Terms of Use
carefully.
All legal issues
arising from or related to the use of
this service shall be construed in
accordance with the laws of the State of
Florida without regard to conflicts of
law principles. These Terms of Use
constitute the entire agreement between
you and PhotoBiz with respect to the use
of this service (inclusive of all
services offered through PhotoBiz
website.) PhotoBiz failure to enforce
any right or provision in these Terms of
Use shall not constitute a waiver of
such right or provision or of any other
rights or provisions in these Terms of
Use. If a court should find that one or
more rights or provisions set forth in
these Terms of Use are invalid, you
agree that the remainder of the Terms of
Use shall be enforceable and that the
invalid provision shall be enforceable
to the fullest extent permitted by law.
PhotoBiz reserves the
right to amend these Terms of Use from
time to time. Your continued use of
PhotoBiz website and services will
signify your acceptance of any change in
terms and conditions set forth herein.
Modifications will
also be made periodically to PhotoBiz
website. PhotoBiz may modify
PhotoBiz.com with or without notice to
you and without liability to you or any
third party.
Registration
You agree the information that you
provide to us during registration and at
all other times will be true, accurate,
current and complete. This is especially
important with respect to your email
address, since that is the primary way
in which we will communicate with you
about your account and your orders. We
will use the information you provide to
us in accordance with our privacy
policy.
Electronic
Commerce
You will be solely responsible for the
development, operation and maintenance
of your online store and products and
all contents and materials appearing
online or on your products, including
without limitation (a) the accuracy and
appropriateness of content and materials
appearing within the store or related to
your products, (b) ensuring that the
content and materials appearing within
the store or related to your products do
not violate or infringe upon the rights
of any third party, and (c) ensuring
that the content and materials appearing
within the store or related to your
products are not libelous or otherwise
illegal. You will be solely responsible
for the final calculation and
application of shipping and sales tax.
You will also be solely responsible for
accepting, processing, and filling any
customer orders, and for handling any
customer inquiries or complaints arising
there from.
You are also responsible for the
security of any customer credit card
numbers and related customer information
you may access as a result of conducting
electronic commerce transactions through
your website. You will keep all such
information confidential and will use
the same degree of care and security as
you use with your confidential
information.
Payment Terms
All charges for your Plan(s) must be
paid in advance according to the most
current price of the Plan(s). Upon
registration, you must pay for your
Plan(s) by credit card or personal
check. Upon paying for your Plan(s), you
thereby grant permission to PhotoBiz to
charge any fees in accordance with your
Plan(s). If you choose to pay by check,
you authorize PhotoBiz to automatically
transfer money from your checking
account, without invoice, via the
transit and routing numbers you will
supply or have supplied in the order
form.
(a) Payment Date.
Except as otherwise provided herein
below, all fees payable under the terms
of this Agreement shall be paid by
Customer to PhotoBiz on the day the
Customer account is setup, as the case
may be. And all successive monthly fees
must be paid completely the following
months on the date the account was
setup. Special pricing or promotional
offers are to be paid under the terms
set forth in the offer itself. Setup
fees and or other charges, other than
the monthly plan fees are non-refundable
without limitation.
(b) Credit Card. All
fees for PhotoBiz services and products
will be paid through our merchant
service provider (Network 1 Financial)
to PhotoBiz in US dollars.
If Customer elects to make payments with
a credit card, Customer hereby
authorizes PhotoBiz to bill Customer's
credit card each successive billing
period until termination of service. A
credit card Customer shall immediately
notify PhotoBiz of any changes in credit
card number or expiration date. If the
card is not honored for any reason,
PhotoBiz will notify Customer. If an
alternative billing method has not been
established by PhotoBiz and Customer
within five (5) days from the date the
credit card is not honored, PhotoBiz
will terminate Customer’s Online
Proofing Service at that time, except as
may be otherwise provided herein.
(c) Dishonored
Checks. Dishonored checks are subject to
a collection fee of Fifty Dollars
($50.00), and Customer's services shall
be suspended until Customer's account is
current. If payment is not received
within fifteen (15) days of the due
date, PhotoBiz will terminate Customer’s
Online Proofing Service at that time,
except as may be otherwise provided
herein.
(d) Late Payments.
Accounts in default are subject to an
interest charge of 4% per month on the
outstanding balance. Termination of this
Agreement shall not relieve Customer
from the obligation to pay all
outstanding invoices including any
interest accrued thereon.
Third Party
Services
You may order services or merchandise
through PhotoBiz from other persons not
affiliated with PhotoBiz ("Seller"). All
matters concerning the merchandise and
services desired from Seller, including
but not limited to purchase terms,
payment terms, warranties, guarantees,
maintenance and delivery, are solely
between you and Seller. PhotoBiz makes
no warranties or representations
whatsoever with regard to any goods or
services provided by Sellers. You will
not consider PhotoBiz nor will PhotoBiz
be construed as a party to such
transactions, whether or not PhotoBiz
may have received some form of revenue
or other remuneration in connection with
the transaction or be liable for any
costs or damages arising out of, either
directly or indirectly, you or any other
person involved or related to the
transaction.
We may share your
personally identifiable information with
those companies that assist us in
providing PhotoBiz service to you.
Examples of our use of third party
service providers: we outsource all
domain & hosting companies which need
information. We may share your credit
card information with a financial
institution to affect your purchase of
our services or products using your
credit card. We may share personally
identifiable information (not including
credit card information) with third
parties that assist us with the
administration or fulfillment of photo
ordering, including, but not
exclusively, photographers and photo
labs.
Termination
PhotoBiz reserves the right to terminate
your PhotoBiz subscription if PhotoBiz
learns that you have provided false or
misleading registration information.
PhotoBiz reserves the right, at its sole
discretion, to immediately, without
notice, suspend or terminate (i) these
Terms of Use; and/or (ii) your
subscription(s) without ability to
access PhotoBiz and/or any other service
provided to you by PhotoBiz upon any
breach by you of the Terms of Use.
Cancellation
Policy
You may choose to cancel your
subscription with PhotoBiz at any time.
In order to cancel, you will need to
send us in writing a request to cancel
your service (send to: PhotoBiz Customer
Service, 2622 NW 97th Ave, Miami, FL
33172). Your request will be processed
within 48 hours of receipt. For
cancellations made anytime in the middle
of a billing cycle, your service will be
terminated at that point and no further
payment will be drafted or billed. No
prorated refunds will be given.
30 Day Money Back
Guarantee
If you do not feel PhotoBiz has
delivered the service you expected, you
may request to terminate your service
within the first 30 days from your
initial order date and request a refund.
There will be no refunds when canceling
your service with PhotoBiz after the
first 30 days of your initial order
date. Upon receiving your request via a support ticket,
we will refund your
monthly plan fee (ie, $25, $45, $60,
$80, $100) plus the one-time setup fee
(minus $25 for domain name
registration and setup, if you have requested one).
Limitation of
Liability
You expressly agree that the use of
PhotoBiz is at your sole risk. PhotoBiz
is provided on an “as is” and “as
available” basis. PhotoBiz expressly
disclaims all warranties of any kind,
express or implied, including without
limitation any warranty of
merchantability, fitness for a
particular purpose or non-infringement.
Occasional service outages may occur
that PhotoBiz cannot control. If such
outages occur, PhotoBiz will work on
restoring service as soon as possible.
PhotoBiz makes no warranty that PhotoBiz
services will be uninterrupted, timely,
secure, or error free. PhotoBiz will not
be liable to you for any indirect,
special, consequential, incidental or
exemplary damages, whether foreseeable
or not, which may result from the
unavailability or malfunction of
PhotoBiz website and/or related
service(s). In no event will PhotoBiz or
its suppliers have any liability for
unauthorized access to, theft or
destruction of any content made
available for distribution by the
Plan(s) through fraud or devices.
You understand and
agree that the submission of digital
image to PhotoBiz, and the download of
any material through PhotoBiz service is
done at your own discretion and risk and
that you will be solely responsible for
any loss or damage to your image, any
loss of your image(s) and any damage to
your computer system or loss of data
that may result in the download of any
material. You are solely responsible for
creating back-ups of your digital
images. You acknowledge and agree that
PhotoBiz accepts no responsibility or
liability for, and employs no control
over, the content of the information
passing through PhotoBiz host servers,
network hubs, or the Internet. All
services performed thereunder are
performed "as is" and without warranty
against failure of performance
including, without limiting to, any
failure due to computer hardware or
communication systems. Except as
expressly provided in this Agreement,
PhotoBiz does not make and hereby
disclaims, and you hereby waive all
reliance on, any representations or
warranties, arising by law or otherwise,
in reference to PhotoBiz service(s),
including, but without limiting to,
implied warranties of merchantability,
fitness for a particular purpose,
non-infringement, or developing from
course of dealing, course of
performance, or usage in trade.
Indemnification
You agree to indemnify and hold
PhotoBiz, their affiliates, officers,
directors and employees, harmless from
and against any and all demands,
liabilities, losses, costs, expenses,
claims, including reasonable attorneys'
and consultants’ fees and court costs,
demands, causes of action, or judgment
directly or indirectly made by any third
party due to or arising out of your use
of PhotoBiz plan(s) and/or service(s),
the violation of these Terms of Use by
you, or the infringement by you, or any
other subscriber of your account, of any
intellectual property or other right of
any person or entity.
Domain Name Usage
and Ownership
Although we purchase your domain name
you will be and remain the legal
owner/registrant of it.
Upon publishing your
website and selecting a domain name, it
may take up to forty-eight hours for
your website to be viewable online. This
is out of our control and due to the
global domain registry. No discounts
will be given if you want to use a
domain name you already own with the
website you host with PhotoBiz. PhotoBiz
will host your website and point your
domain to it by domain frame forwarding.
Flash
Website Template Policy
We offer our flash website templates as
a service only and they can be only used
within our server environment. In order
to keep your flash website online you
must have an active monthly account with
PhotoBiz. The flash website template
upgrade fee is a one-time fee to access
our flash program and permits you to
set-up your website with us. This
upgrade fee does not license you to use
it outside of your account with us nor
does it give you rights to ownership of
the template or any supporting
programming. In addition, we do not
permit you to copy the template or
design and use in in your own site.
Copyright
PhotoBiz respects the intellectual
property rights of others. If you
believe your copyright in a work has
been violated through this service,
please contact PhotoBiz for notice of
claims of copyright infringement. You
can reach us at: info@PhotoBiz.com. You
must provide the following information,
which PhotoBiz may then forward to the
alleged infringer:
1. Describe the
copyrighted work that you believe has
been infringed;
2. Identify the material on the website
that PhotoBiz powers that you believe
infringes your work, with enough detail
so that we may locate it;
3. Provide your contact information,
including: full name, address, telephone
number, and email address;
4. Provide a statement that you have a
good faith belief that the disputed use
is not authorized by the copyright
owner, its agent, or the law;
5. Declare under penalty of perjury that
(a) the information you have provided to
us is accurate, and
(b) you are the owner of the copyright
interest involved or you are authorized
to act on behalf of that owner; and,
6. Provide your physical or electronic
signature.
Upon receiving your
complaint, PhotoBiz may remove content
that you believe infringes your
copyright. In addition, PhotoBiz may
terminate the account of the member who
appears to be infringing your
intellectual property rights.
Your Conduct
You are responsible for all of the
images you upload, share or copy using
PhotoBiz service. You must have the
legal right to display each image that
you upload or share, and to copy each
image that you order prints of.
Professional images that are provided to
you by professional photographers or
made available through websites
magazines, books or other resources, are
protected by copyright and should not be
uploaded, shared or copied using this
service.
In addition, the
actions further described below, will
constitute grounds for blocking your
access to our service, removal of posted
material and non-fulfillment of your
order (or any part of your order). As
condition of your use of this service,
you shall not: upload, post, order for
print, email or otherwise transmit any
content that is unlawful, harmful,
threatening, harassing, defamatory,
obscene, vulgar, nudity, invasive of
another's privacy, hateful, or otherwise
objectionable; upload, post, order for
print, email or otherwise transmit any
content that you do not have a right to
transmit under any law or under
contractual or fiduciary relationships
(such as insider information,
proprietary and confidential information
learned or disclosed as part of
employment relationships or under
nondisclosure agreements) or any content
that infringes any trademark, trade
secret, copyright or other proprietary
rights of any party; harm minors in any
way, including, but not limited to,
content that violates federal and state
child pornography laws, child sexual
exploitation laws and laws prohibiting
the depiction of minors engaged in
sexual conduct; forge headers or
otherwise manipulate identifiers in
order to disguise the origin of any
content transmitted through this site.
PhotoBiz reserves the right to refuse to
fulfill any order, or any part of any
order, if it believes that these Terms
of Use have been violated. In addition,
PhotoBiz reserves the right to disclose
any account or order information when it
believes in good faith that the law or
legal process requires it, or when it is
necessary to do so to protect the rights
or property of PhotoBiz or others.
Website Content
PhotoBiz does not control the content of
any user’s account and does not have any
obligation to monitor such content for
any purpose. All content provided by a
user of PhotoBiz service(s) is the sole
responsibility of that user. PhotoBiz
will not power any website that contains
nudity, pornographic, offensive, or
unlawful material. Upon discovery of
such material, PhotoBiz reserves the
right to remove the material and
terminate your subscription.
User
Responsibility (photo uploads)
Photos uploaded through PhotoBiz website
are not original photo quality
specifications, but rather are
“versions” of the real photos uploaded
at a lesser quality than the original.
Uploads are seen online at a resolution
of 72 dpi with a maximum width or height
of 450 pixels per photo. It is
necessary, and the users responsibility,
to save all original photos or CD’s if
needed for later use. Once the photos
are uploaded they cannot be reproduced
back into their original state.
Suspend Your
Account for up to 90 days
As part of our commitment to serve you
to the best of our ability, we allow you
to cancel your subscription at any time.
We will also allow you to suspend your
account for up to 120 days and then sign
back on without having to pay another
setup fee. If you try to sign back on
after 90 days you will be required to
pay the then current setup fee in order
to reactivate your account.
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