Introduction
Welcome to ApplePrints.com – Your Solution for Digital
Photography.
It is very important that you read and understand the Terms and
Conditions set out below. These Terms and Conditions will become an effective
binding legal agreement between you and ApplePrints on the
date you register with us and submit your personal information. By opening an
account with ApplePrints, you agree to the following Terms and Conditions
(the "Terms").
1. Your Copyrights
All the images uploaded and/or submitted for processing to our
website are sole property of our customers. ApplePrints makes no claim of
ownership to any images uploaded to and stored on our server. You may not
upload any copyrighted materials to our website without the permission of the
copyright owner. As a member of our service, you hereby grant ApplePrints a
continuous and nonexclusive right to handle and manage images submitted by you,
solely for the purpose of providing you with our services. You guarantee ApplePrints that you are the owner of the copyright to submitted images. If at
any point while using our services you believe your copyright has been violated
through our web site, please contact ApplePrints immediately and notify us of
any copyright infringement.
2. Our Copyrights
All of the information in the pages and
on the screens, editing
software, trademarks and logos are owned by ApplePrints. ApplePrints.com and
ApplePrints logo are protected by trademark, copyright and other applicable
laws. No permission is granted to copy, distribute, modify, post or reproduce
such information, design, software or logos. By registering with
ApplePrints, you are providing us with certain personal information such as
your name, e-mail address and mailing address. ApplePrints will protect
information provided by you as set forth in our “Privacy Policy,” which is
hereby incorporated in these Terms.
3. Indemnity
As a member of our web service, you agree to indemnify, defend
and hold harmless ApplePrints’ officers, employees, partners, suppliers,
affiliates from and against all liabilities, losses, damages, claims, costs,
suits, expenses, including attorney’s fees, that arise from:
-
use of our
services by you or
any other person
to whom you have
granted access to
our services
-
your breach of
this agreement
-
your violation of a third party copyrights or trademarks.
4. Termination of Membership and Discontinuing of Inactive
Accounts
If at any point you decide to terminate your membership with us,
simply send us an E-mail requesting cancellation of your account. ApplePrints
reserve the right to terminate your membership at any time in a case of:
-
your breach or
violation of these
terms and
conditions
-
your violation of our or third party copyrights.
-
your failure to maintain active
participation. Accounts which have been inactive
for more than 180 days will be considered abandoned and
discontinued. A warning E-mail will be sent to you
prior to the termination of your account. All personal
information and credit card information will be
deleted. All pictures uploaded, prepaid prints purchased and
discounts granted will be removed. To keep your account
active simple login and logoff once in 180 days.
5. Prohibited Activities
By registering with ApplePrints you agree that you may not:
-
Upload any images
that infringe the
rights of others
-
Upload and store any materials that are
unlawful,
pornographic,
profane, abusive,
offensive,
harmful,
threatening,
harassing,
defamatory,
inappropriate,
hateful, or
libelous
-
Upload and store
materials that
display any
expression of
racism, ethnically
offensive, or
hatred
-
Compromise our
service by
uploading any
materials that are
corrupted or
contain viruses
-
Upload any materials that harm minors in any way.
We will not monitor, pre-screen or otherwise examine content of
the materials uploaded to our website, and disclaim any liability and
responsibility for such content. However, we reserve the right to remove any
content that violates this agreement and terminate the account of the member
who is responsible for the breach of these Terms. Furthermore, we may report
any illegal or prohibited by law activities to law enforcement authorities.
6. Links to Third Party and Third Party Products and Services
We may provide links to third-party sites on our pages. However,
we do not monitor or control the content of any materials available through
these sites. Furthermore, we disclaim any liability relating to the materials
available through third-party sites, and we shall not be held liable for any
products or services offered by such sites. It is you responsibility to
familiarize yourself with third-party’s terms of use and privacy policies.
ApplePrints may make various third-party’s software and services available to
you. When using such software and services, you must agree to terms of use
imposed by the third-party provider and acknowledge and agree that ApplePrints
shall not be held liable for any software and services provided by such
third-party. ApplePrints will not guarantee or warrant the performance,
quality, reliability or any other aspects of such software and that such
software will be free from viruses, worms, Trojan horses or destructive codes.
7. Miscellaneous
These
Terms shall be construed in accordance with the laws of
the State of New York, without regard to conflicts of law principles. You agree
that any claim related to the use of ApplePrints services must be filed within
one year after such claim arose. The risk of loss and title to the purchases
pass to you at the time we deliver your order to our mail carrier. In order to
be an ApplePrints member, you must be thirteen (13) years old. You need to
possess a valid credit card. ApplePrints shall not be held liable for any
malfunction, failure, or breakdown resulting from causes outside our reasonable
control including, without limitation, power shutdowns, internet malfunctions,
failure of any computer hardware or equipment, riots, civil disturbances,
floods, fires, act of God, war, or governmental actions. ApplePrints is not
intended to be used as a data storage facility. You need to backup your images
and should not solely rely on our website as your only source for the images
you uploaded to our website. ApplePrints reserves the right to assign our
rights and responsibilities to a third-party without notice. The Terms and
Conditions may be changed or updated at any time.
DISCLAIMER OF WARRANTIES
AS A MEMBER OF OUR SERVICE, YOU ACKNOWLEDGE AND EXPRESSLY AGREE
THAT ALL THE CONTENT AND MATERIALS PROVIDED TO YOU THROUGH APPLEPRINTS WEBSITE
ARE PROVIDED TO YOU ON "AS IS" BASIS AND APPLEPRINTS MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOU SHALL ASSUME ALL RISKS ASSOCIATED WITH USING
OUR SERVICES INCLUDING, BUT NOT LIMITED TO THE RISK THAT YOUR UPLOADED, STORED
AND SHARED IMAGES WILL BE LOST, MISPLACED, OR DELETED. APPLEPRINTS DISCLAIMS
ANY LIABILITY RELATED TO THE EXPOSURE OF YOUR FILES TO THE DAMAGES CAUSED BY ANY
THIRD PARTY SOFTWARE OR PRODUCTS INCLUDING, BUT NOT LIMITED TO A COMPUTER
VIRUS, WORM, TROJAN HORSE, OR DESTRUCTIVE CODES.
LIMITATION OF LIABILITY
AS A MEMBER OF OUR SERVICE, YOU ACKNOWLEDGE AND EXPRESSLY AGREE
THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
WILL APPLEPRINTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ASSOCIATED WITH
LOSS OF PROFIT, LOSS OF DATA OR OTHER INTANGIBLES THAT RESULT FROM THE USE OF
APPLEPRINTS SERVICES. THE LIMITATION OF LIABILITY SHALL APPLY WHETHER LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, FAILURE OF
PERFORMANCE, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, OR ANY OTHER
BASIS EVEN IF APPLEPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
THAT RESULT FROM THE USE OR THE INABILITY TO USE APPLEPRINTS SERVICES, FROM ANY
MODIFICATIONS OR CHANGES TO THESE SERVICES, OR FROM UNAUTHORIZED ACCESS TO YOUR
TRANSMISSIONS OR DATA.
ApplePrints.com is a trademark of
ApplePrints.com, Inc.
Other names are those of their respective holders.
© ApplePrints.com, Inc. All Rights Reserved.
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