Effective as of Friday, May 25, 2018.
At Nations Photo Lab (?Nations,? ?we,? ?us,? or ?our?), we pride ourselves in creating innovative, high-quality photo products with industry-leading prices. Before you use or access our services, please carefully review these Terms and Conditions (?Terms?) below.
These Terms contain the legal terms and conditions that govern your use of and access to our website, as well as the provision of products and services. Certain services, promotions and features may have additional terms and conditions which are applicable to those services, promotions, and features, and those additional terms and conditions are hereby incorporated by this reference.
By visiting the website and using the products and services on Nations Photo Lab, you are signifying your assent to these Terms and to our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through the site, including any mobile applications, are also governed by these Terms.
We, Nations Photo Lab, may revise these Terms at any time by posting a revised version on this page on this site. When we make material changes to the Terms, we’ll provide you with prominent notice as appropriate, e.g., by displaying a prominent notice on our website or by sending you an email.
Furthermore, your continued usage of this site after we post any changes and/or updates will constitute your acceptance of said changes. Additionally, by ordering products from Nations Photo Lab, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these "Terms" and the "Privacy Policy," and you understand that their terms constitute binding and enforceable obligations to you. If you do not agree with these Terms, do not access or use the Services.
1. Use of Nations Photo Lab's website and other systems
You may access and use the site solely for your personal, non-commercial use. Except as expressly authorized hereunder, the site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered, or otherwise exploited for any commercial purpose without Nations Photo Lab's prior written authorization. We reserve the right to alter or discontinue the site, in whole or in part, at any time in Nations Photo Lab's sole discretion. This includes but is not limited to the account system, ROES versions, web-ordering systems, the blog, and all instances on social media networks.
2. Your member account
You may create a member account if you are at least 13 years of age and by submitting certain requested information to Nations Photo Lab, including your name and email address. In doing so, you agree that you will provide complete, current, and accurate information about yourself as requested, and that you will keep that information up to date.
You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account. You agree not to disclose your username or password to any third party. You will immediately notify us of any unauthorized use on your account. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions.
Signing up for an account with Nations Photo Lab also enrolls you in our email notification system, where you will be notified of upcoming promotions, news, and sales. You are able to relinquish said emails by "opting out" (unsubscribing) within the email template. At the time of "opting out," you will no longer receive promotional emails.
3. Your use of our website
Subject to and dependant upon your compliance with these Terms, Nations Photo Lab grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the site, including any images, text, graphics, sounds, data, links, and other materials incorporated into the site (other than your User-Submitted Materials as defined below), solely as made available by Nations Photo Lab and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, or publicly display any portion of the site or create derivative works of any portion of the site without the written consent of Nations Photo Lab.
While using any of our websites, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading, or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the site, including, without limitation, by means of "hacking" or defacing any portion of the site;
- Violate any applicable laws or regulations or engage in spamming;
- Upload to, transmit through, or display on the site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes Nations Photo Lab's or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of the site; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the site.
If you fail to comply with the above rules, such failure shall constitute a breach of these terms, and, in addition to any other rights or remedies Nations Photo Lab may have, we may immediately terminate your access to and use of the site.
4. Making purchases
If you wish to purchase any products through the site, we ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us must be accurate, current, and complete. You solely represent and warrant that you have the legal right to use any credit card(s) or other types of payment used to initiate and complete a transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment method) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, prices, and availability of any products or services are subject to change without notice, and our current prices can be found on our site. We make reasonable efforts to accurately display the attributes of our products, including the color of your print or product. That being said, the actual color you see on your finished product will depend on the way in which your monitor is calibrated, and we cannot guarantee that your computer will accurately display colors before printing. The inclusion of any products or services on our site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions, to bar any user from making any or all purchase(s), and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to a carrier. In the event that your package is damaged in transit, your order will be replaced in a timely manner. We will not accept responsibility for underexposed, blurry images of low quality that are submitted without attention to a resolution warning or without Color Corrections. It is the responsibility of the customer to submit images that are suitable for printing.
You will be charged immediately upon placing an order (rather than when an order is shipped). Due to the custom nature of our products, we do not accept cancellations once an order is placed.
5. Contests and sweepstakes
In addition to these terms and conditions, any contests, sweepstakes, surveys, games, or similar promotions (collectively, "Promotions") made available through the website or any associated social media sites may be governed by specific rules that are separate from this agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the Terms and Conditions set forth herein.
6. Third-party software, services and links
The site may direct you to software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed, and we have no ability to exercise control over such Third Party Properties. We are not responsible for (a) the content and operation of such Third Party Properties or (b) the privacy or other practices of such Third Party Properties. The fact that Nations Photo Lab and the site directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and/or service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.
Other websites may provide links to Nations Photo Lab with or without our authorization. This does not indicate endorsement of such websites. We are not and shall not be responsible or liable for any links from those sites to the Nations Photo Lab website, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that your use of Third Party websites and resources, including, without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Nations Photo Lab reserves the right, at any time and at our sole discretion, to block links to Nations Photo Lab through technological or other means without prior notice.
7. Materials submitted by customer
Any materials submitted by a user, including (without limitation) photographs, images, text, graphics, and other materials (collectively, "User-Submitted Materials") are subject to the following terms and conditions:
- You will retain ownership of such User-Submitted Materials and you grant Nations Photo Lab and its designees irrevocable rights and license for use in production of any requested product or service. We only use User-Submitted Materials in connection with products or services we provide that are requested by a user. For instance, when a user places an order for a product, we will prepare, manipulate (if necessary), and transmit the User-Submitted Materials for production, packaging, and shipment ONLY.
- While users retain ownership of User-Submitted Materials, any template, layout, or design accessed through tools and features made available through Nations Photo Lab shall be the sole and exclusive property of Nations Photo Lab.
- As a user, you represent and warrant that you own or otherwise possess all necessary rights with respect to the User-Submitted Materials, and that the User-Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any copyright, trade secret right, or other intellectual property or property right of any third party, and that the User-Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable.
- By submitting an image featuring your likeness or the likeness of other individuals, you consent to the use of your likeness and certify that you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User-Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User-Submitted Materials in the manner contemplated by these terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Nations Photo Lab with a copy of any such consent, releases, and/or permissions upon Nations Photo Lab's request). If you do submit a file that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you to omit any identifying information (such as the individual's name or address) with your submission of User-Submitted Materials.
- You agree that we may (but are not obligated to) filter (by deleting or replacing expletives or other harmful or offensive language or imagery), alter, or refuse to use any User-Submitted Materials by suspending the processing and shipping of any order relating to the User-Submitted Materials in question and/or disclosing such User-Submitted Materials (and the circumstances surrounding the use thereof) to any third party in order to protect ourselves or our affiliates, distributors, partners, or other third parties, to comply with legal obligations, or to fulfill governmental requests.
- You agree to indemnify and hold Nations Photo Lab, Inc. and their directors, officers, employees, consultants, agents, representatives, affiliates, distributors, partners, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses, and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly from: (i) your breach of these terms, any other agreement or terms of use with Nations Photo Lab, and any representation or warranty contained herein or therein; (ii) your User-Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from Nations Photo Lab.
8. Forums
We may permit you to share your User-Submitted Materials with other users, including but not limited to our user comment functionality within social networks, user forums, and blogs (collectively, "Forums"). Some forum participants may use anonymous screen names and may have no other connection with Nations Photo Lab. "Forum" participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information, or other utterance made or displayed by third parties, whether such third parties are users of our website or of others’.
The opinions expressed in the "Forums" reflect solely the opinions of the participants and may not reflect the opinions of Nations Photo Lab. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in user messages, or for any results obtained from the use of such information. Under no circumstances will Nations Photo Lab, any of our partners, licensors, advertisers, or sponsors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives be liable for any loss or damage caused by your reliance on such information obtained through our website. We may, but have no obligation to, monitor the "Forums" and any materials displayed, transmitted, or otherwise made available on or through the "Forums" or through our website.
Some features of our website enable you to send and receive transmissions. You acknowledge and agree that Nations Photo Lab has no responsibility or liability for any transmissions and/or any content included in such transmissions, sent or received by you. Nations Photo Lab reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent or received through our website and/or on the amount of storage space available via our online galleries for transmissions or on any feature made available through our website.
9. Disclaimer of warranties
Except for the express warranties contained in their terms, the products, including all materials incorporated therein, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Nations Photo Lab, and their affiliates, partners, licensors, sponsors, and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance, or usage of trade. Note: Applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statements of Nations Photo Lab or any of their affiliates, partners, licensors, sponsors and agents, or third parties shall create any warranty other than those expressly contained in these terms.
10. Limitation of liability
To the fullest extent permissible by applicable law, neither Nations Photo Lab, nor any of their directors, officers, employees, agents, representatives, affiliates, distributors, or partners shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business, loss of profits, or loss of data), under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the provision of products or services. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with these terms. To the fullest extent permissible by applicable law, the maximum liability of Nations Photo Lab arising out of or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by the customer. Note: 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.
11. Jurisdictional issues
Nations Photo Lab is controlled and operated in the United States. Our website is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. Nations Photo Lab does not represent or warrant that any its site, products and/or services, or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Nations Photo Lab do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit Nations Photo Lab's availability, in whole or in part, to the person, geographic area, or jurisdiction of our choosing, at any time and at our sole discretion.
12. Miscellaneous
These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regards to its principles of conflicts of law. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable, or sublicenseable by you except with our, Nations Photo Lab's, prior written consent. These terms may not be modified or amended except as set forth in the introductory section of these terms. Any heading, caption, or section title contained in these terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
13. Termination
Either you or Nations Photo Lab may terminate your access to the site and to your account at any time, with or without cause and with or without prior notice. Upon termination for any reason, your right to access and/or use the site will immediately cease. Upon termination, you will have no further access to any information, files, or materials related to your account, including, without limitation, any User-Submitted Materials.
Upon termination, Nations Photo Lab may delete all information, files and materials related to your account, including any User-Submitted Materials, and you agree that Nations Photo Lab shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files, or materials related to your account.
14. Nations Inspiration
By submitting your photograph and any related text, captions, or hashtags (the "Submission") to Nations Inspiration, for inclusion on our Gallery, whether through transmission on the nationsphotolab.com website or through use of the Nations Photo Lab hashtags [#nationsphotolab or #npl] on a third-party website or application, such as but not limited to Instagram, Facebook, and Tumblr, and in exchange for your Submission being reviewed and evaluated for inclusion in the Nations Inspiration gallery, you grant Nations Photo Lab a royalty-free, irrevocable, transferable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance, and including for commercial purposes) any and all of your Submission.
You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Submission. In no circumstances will we be liable to you for any exploitation of any Submission. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Submission, for promotional purposes, including, without limitation, copyright, trademark, and rights of publicity and privacy. You affirm, represent and warrant that you and any person whose image appears in the Submission are 18 years of age or older. You affirm, represent, and warrant that your Submission is in compliance with all terms and conditions of any third party website or application on which you post the Submission.
You shall not make any Submission that is inappropriate, indecent, obscene, hateful, tortious, defamatory, disparaging of Nations Photo Lab or any other brand or individual, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age.
You agree to indemnify, defend, and hold harmless Nations Photo Lab from and against any and all third-party claims, damages, liabilities, costs and expenses, including legal expenses and reasonable attorneys' fees, arising out of your Submission. You agree to be bound by the Nations Photo Lab Terms of Service, which are herein incorporated by reference.
You also grant Nations Photo Lab the right to use the username or handle of the account used to make the Submission; Nations Photo Lab will, where commercially reasonable, credit your username or handle when publishing or reposting your Submission.
You agree that Nations Photo Lab may, but is under no obligation to feature the Submission in its Gallery, and should Nations Photo Lab choose to feature the Submission, Nations Photo Lab may, at its sole discretion, elect to remove the Submission from its Gallery and/or its social media accounts at any time and without notice to you.
