(Last Updated: October 16, 2017)
FOTO has worked to create high quality genuine leather products that will age beautifully with you. Because of your purchase we are able to give 10% back to Fotolanthropy, a great cause. If you are not happy with your non-personalized product and want to return it, you may do so by following these steps outlined herein. You may only return your purchased non-personalized product if it is unused, in new condition within thirty (30) days from the date of purchase. Please note, FOTO reserves the right, in its sole and absolute discretion, to refuse to refund any purchase for any reason, including by way of example, but not limited to, if the product looks worn or used.
To return your purchase, please email firstname.lastname@example.org and write in the subject of your email the word: RETURN. Please describe your reason for your return, and we will reply with an appropriate return address to ship your product to. Upon receiving your product and verifying that it is in new condition, we will credit your account within fourteen (14) business days of receipt of your product. Return shipping and handling fees are non-refundable and your sole responsibility.
All personalization is permanent and personalized FOTO products are not eligible for return or refunds. Personalized Fotostraps (excluding the Skinny) may be exchanged for a different color, as long as they are in new, unused condition within thirty (30) days from the date of purchase. Customers are responsible for any additional fees based on the price of their original Fotostrap choice at the time of purchase.
Additionally, if you have questions or concerns, please email us at email@example.com.
(Last Updated: October 16, 2017)
Subject to Section J in Terms and Conditions, your FOTO product is covered under a limited warranty for 1 year from the date of your purchase. This warranty only includes defects in workmanship and manufacturing. This warranty applies only to FOTO products purchased through our website (www.fotostrap.com) or approved retailers. To submit a warranty claim, email us at firstname.lastname@example.org. You will be asked to submit a photograph(s) of the defect or damage, and you must have your order information and/or proof of purchase.
This warranty does NOT include: (i) defects that result from the misuse or abuse of your FOTO product, (ii) wear and tear that may occur from the use of the product, or (iii) any loss(es) related to equipment and time.
If it is determined that the product is defective and the applicable conditions are met, we will replace or repair your FOTO product. For any questions regarding our warranty, please contact us at email@example.com.
(Last Updated: October 16, 2017)
FOTO offers both Domestic and International shipping.
Domestic – United States Shipping
Personalized and non-personalized FOTO products should ship out the following business day, unless we need further information or clarification to fulfill the order. (Orders placed Friday thru Sunday will ship out on Monday.) Please note that calendar holidays may interfere with turnaround time. You should receive an email with your tracking number once your order has shipped.
International – Outside of the United States
Please allow 3-5 weeks for your product to be shipped to you. You will receive a tracking number with your international order. All international customers are responsible for appropriate and applicable laws, customs, tariffs, and fees within their given country. Once a product is shipped internationally, FOTO is no longer responsible for goods shipped and it is now the carrier's responsibility to deliver.
(Last Updated: October 16, 2017)
Changes to This Policy.
We may change this Policy from time to time. If we make any changes to this Policy, we will change the “last updated” date above. If there are material changes to this Policy, we may notify you more directly. We encourage you to check this Policy whenever you use our Site to understand how your personal information may be used.
We are not responsible for the content on, or privacy practices of, any non-fotostrap.com website to which this Site links or that links to this Site.
We may collect information from you in various ways when you use our Site. We may also supplement this information with information from other companies. We collect two general types of information, namely personal information and aggregate data. As used in this Policy, the term “personal information” means information that specifically identifies an individual (such as a name and email address), and demographic and other information when directly linked to information that can identify an individual.
Our definition of personal information does not include “aggregate” data. Aggregate data is information we collect about a group or category of customers or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our user or costumers’ needs so that we can better consider new features or otherwise tailor our products or services. This Policy in no way restricts or limits our collection and use of aggregate data, and we may share aggregate data about our customers with third parties for various purposes, including to help us better understand our customer needs and improve our products and services and for advertising and marketing purposes.
The following are the specific types of information we may collect from you.
Information You Give Us. We collect information you give us on our Site, including by way of example, but not limited, information you give us when you purchase a product. Other examples include the following:
Registration and Product Purchasing Information. Before you purchase a product, you must register with our Site. During this process, we may collect various kinds of information about you including, your name and email address; your physical address, your phone number and other information you provide; demographic information; and information you may upload to customize your product like logos, photos, files, and documents.
Subscription Information. We collect information you give us when you elect, choose or enter information for the purpose of subscribing to and receiving of electronic information about us or our affiliated giving based organization, Fotolanthropy.
Payment Information. If and when you purchase a product from us or otherwise pay for a product, our payment processing vendor collects your credit card information, billing address and/or shipping address.
Submissions and Customer Service. From time to time we may use surveys, contests or sweepstakes requesting personal or demographic information and customer feedback.
Automatically Collected Information. We automatically receive certain types of information when you interact with our Site, web pages, services and communications. For example, it is standard for your web browser to automatically send information to every web site you visit, including ours. That information includes your computer’s IP address, access times, your browser type and language, and referring web site addresses. We may also collect information about the type of operating system you use, your account activity, and files and pages accessed or used by you.
Use of Personal Information.
We do not sell or rent your personal information. In general, we use your personal information to process your requests or transactions, to provide you with information, services or products you purchase or request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of FOTO and Fotolanthropy and their products and services and to otherwise serve you and our customers. For example, we may use or share your personal information:
- to request feedback and enable us to develop, customize and improve the Site, our publications, products, promotions and/or services;
- with our third party vendors that provide support services to us (e.g. a printer, mailing house, fulfillment company or web host) or that help us better market and advertise our products and services. Such third party companies may need information about you in order to perform their job functions; however, these companies are not and will not be authorized to use your personal information for any other purpose;
- to discuss with you about your order, delivery, and product. We may send you a confirmation email when your register with our Site or order a product from us;
- to conduct marketing analysis;
- to send you surveys or newsletters, to contact you about our services, products, events or offers from FOTO, Fotolanthropy, our affiliates, or partners;
- for marketing, informational, product development and promotional purposes;
- to send you a welcoming email and to contact you about your use of the Site and products and services; to respond to your emails, submissions, comments, requests or complaints; to perform after-sales services; to anticipate and resolve problems with our products or services; to respond to your customer support inquiries, for assistance with our product and product development; and to inform you of updates to products and services from FOTO or Fotolanthropy that better meet your needs;
- to contact you if you win a contest; and
- for other purposes about which we notify you.
Your Security and Protection.
FOTO takes reasonable steps to protect information we collect from you to prevent loss, misuse and unauthorized access, disclosure, alteration, and destruction. In addition, highly confidential personal information such as credit card number and password that we request from you on our Site is protected with encryption, such as Secured Socket Layer (SSL) protocol, during transmission over the Internet.
The servers on which information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. Therefore, any information you transmit to us is sent at your own risk. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you submit are maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information (e.g. logos submitted for monogram purposes).
Once you register, your account information access to your account on our Site is accessible only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your user ID or password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.
We do not intentionally collect personal information from children under the age of thirteen. If we become aware that we have collected such personal information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.
Updating and Accessing Personal Information.
If your personal information changes in any way, we invite you to correct or update your information as soon as possible. You can make updates to your profile information by logging into your account on our Site at any time. You can also request changes or access to your information by emailing firstname.lastname@example.org.
FOTO may send you communications or data regarding our Site, products and services, including but not limited to (i) notices about your use of our Site and purchase of products and services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding our products and services. You may opt-out of receiving promotional emails from FOTO or Fotolanthropy by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing email@example.com with your specific request. Opt-out requests will not apply to transactional product/service messages, such as security alerts and notices about your current account and product purchases.
If you have any questions about this Policy, you should first contact us at firstname.lastname@example.org
Any questions about this Policy should be addressed to email@example.com
Upon your request, we will (a) correct or update your personal information; (b) stop sending emails to your email address; and/or (c) disable your account to prevent any future purchases through that account.
Collection, Use & Disclosure of Information Offline.
The majority of information that we collect is obtained through our Site, and this Policy applies only to that online collection of personal information. We also collect information offline, where we also try to protect the privacy of your personal information. For example, if you call us to place an order or to ask questions, we will collect personal information from you. When someone calls, we will ask only for the personal information we need in order to place the order or to assist you. When we need to store information (such as order information), we will enter it into our database through SSL encryption.
TERMS and CONDITIONS
(Last Updated: October 16, 2017)
Welcome to the website (the “Site”) of Foto Brands LLC (“we,” “us,” “our” or “FOTO”). We provide products and services available to you (“you,” “customer” or “User”).
By using this Site, the products and services available on this Site, and any product or service created or provided by us (collectively hereinafter “Products”), you are agreeing to the following terms and conditions. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and our Products, whether directly or through a third-party site. Please read them carefully before using this Site or purchasing our Products. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org.
By visiting this Site and/or by completing the registration process for our Products, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. This Site is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE USE OF THE SITE, COMPLETION OF REGISTRATION and PRODUCT PURCHASING.
A. MODIFICATIONS TO THIS AGREEMENT.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Site. Your continued use of the Site following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please email us at email@example.com.
B. YOUR REGISTRATION OBLIGATIONS.
We may provide Products on the Site in select stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available for sale in stores.
To purchase our Products from the Site, you will be required to register with us by completing a registration form and designating a user ID and password. When registering with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future purchases of our Products (or any portion thereof).
You may not authorize any third party to access or use your user ID or password. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify us of any unauthorized use of your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. PURCHASES AND TRANSACTIONS.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by using your Registration Data provided to us including contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or by unauthorized users. If your payment method has already been charged for an order that is later cancelled, we will issue you a refund within seven (7) to fourteen (14) business days from the date of the cancellation.
D. PRODUCT TYPE, STYLE and COLORS.
We have made every reasonable effort to display as accurately as possible the type, style and colors of our Products that appear on the Site. However, because the product you see on the Site may vary depending on your computer monitor or display, we cannot guarantee any style, type or color will be accurate.
E. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with us, you understand that we may send you communications or data from FOTO or Fotolanthropy regarding our Products, including but not limited to (i) notices about our Products, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
F. USER CONDUCT/ACCEPTABLE USE POLICY.
1. General Terms and Conditions governing User Conduct and Acceptable Use
Unauthorized use of our Products, or the resale of said Products without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign our Products in any format to any third party without prior written consent. In addition, you may not use our Products in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use our Products in a way that is inappropriate or that violates the intellectual property rights of FOTO, Fotolanthropy or others.
To the extent that the Site allows Users an opportunity to interact, upload, type, store, post, text, comment, and/or message any photos, information, graphics, sounds, music and/or any form of data (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By using the Site, you grant to and understand and acknowledge that FOTO, its contractors and affiliates retain an irrevocable, royalty-free, fully paid, worldwide perpetual license to use, modify, reproduce, alter, adapt, translate, copy, create derivative works from, sell, lease, exploit and publicly display such content throughout the world. You also represent and warrant (i) that you own and control (or otherwise have the lawful right to) post and distribute any and all User Content that you post or otherwise distribute to or through the Site, (ii) that such User Content is accurate and not misleading; does not violate any FOTO or Fotolanthropy policy including these Terms and Conditions; does not violate any law, rights of, or cause injury to, any person or entity. FOTO or its affiliates have the right to pursue and protect its/their or your rights to User Content. We reserve the right to use User Content in any manner we deem appropriate.
We are under no right to offer you payment in any form for User Content or to attribute User Content to you. However, if it is determined, that you retain any moral rights to User Content, you hereby acknowledge and agree that we may use and/or exploit such User Content in any way we, in our sole discretion, deem appropriate, and we are under no obligation to identify such User Content with or to you. You waive any right to oppose publication, use, modification, deletion or exploitation of such User Content by us or our affiliates, and you release us from any claim that you could otherwise assert against us or our affiliates by virtue of your moral rights.
We reserve the right, without limitation, to terminate your access to and use of the Site or Interactive Areas (as defined below) if, in our sole discretion, your conduct fails to meet any of our guidelines or is inconsistent with our values. Including by way of example, but not limited to, you agree that when using the Site or Interactive Areas that you will NOT upload, type, store, post, text, comment, and/or message any material that:
1. will harm, disrupt, or diminish our Site or the sites of our affiliates, computer systems and network, or our Products.
2. is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
3. promotes illegal drug use, tobacco or firearms use;
4. will misrepresent your identity or impersonate any person;
5. improperly discloses names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
6. would defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
7. may send or otherwise make available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of the Site, Interactive Area or another’s computer or property;
8. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
9. communicates messages inconsistent with our values, mission and good will;
10. either directly or indirectly sends any unsolicited link, bulk e-mail or communications or unsolicited commercial e-mail or communications; or
11. in our sole determination, is objectionable, or which may expose FOTO or its users to any harm.
User Content posted on the Site or on Interactive Areas (as defined below) by Users and any other non-FOTO user is not confidential and may not necessarily be reviewed or monitored by us. Nonetheless, we shall have the right, but not the obligation, to review, reject, screen refuse to post, or otherwise monitor all content displayed or otherwise updated by users without notice. We may remove or require users to remove all content that we, in our sole and absolute discretion, deem to be (a) inconsistent with FOTO’s mission and vision (including, but not limited to, content that contains undesirable images of or links or references to profanity, pornography, violence or prejudicial content) and/or our policies; or (b) possibly in violation of applicable law.
In addition, we have the right to remove any content on the Site or on Interactive Areas (as defined below) if we have reason to believe that displaying such content may infringe the rights of a third party or subject us to any expense or liability. Please notify us by contacting firstname.lastname@example.org regarding any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We reserve the right, in our sole and absolute discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint. You acknowledge and agree that we shall not assume or have any liability for any action or inaction by us with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site, Interactive Areas or links available from the forgoing. We are not liable for any statements, representations or User Content provided by Users.
2. Use of Chat Rooms, Forums, Reviews and Interactive Areas
Without limiting the aforementioned terms and conditions in this Section F, this Site may contain (i) blogs and forums and (ii) and other interactive areas in which you or other users may interact, upload, store, post, text, comment, and/or message any photos, information, graphics, sounds, music and/or any form of data (the “Interactive Areas”). If we provide such areas, you are solely responsible for your use of such Interactive Areas and you use them at your own risk. In use of the Interactive Areas must comply and is subject to the terms and conditions set forth above in this Section F.
3. Comments, Suggestions, and other Submissions
Without limiting the terms and conditions in this Section F, anything you submit or post to the Site, Interactive Areas or to us, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Feedback”) about our Products is not confidential nor proprietary. You acknowledge and agree that we shall have the irrevocable, royalty-free, fully paid, worldwide perpetual license to use, modify, reproduce, alter, adapt, translate, copy, create derivative works from, sell, lease, exploit and publicly display such Feedback throughout the world. All Feedback shall become our sole and exclusive property, and we are under no obligation to compensate you in any manner for any Feedback. Nor are we obligated to respond to any Feedback. You agree that Feedback submitted by you to us, the Site or the Interactive Area will not violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Feedback submitted by you to us, the Site or Interactive Area will not be nor contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback you make.
G. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
Unless otherwise expressly noted in writing, you have no right, title or interest in or to the Site, Interactive Area, our Products or any content derived from the aforementioned. You agree that FOTO and its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to FOTO products, services and content, including, without limitation, text, images, and other multimedia data.
All contents of the FOTO’s Site and Products including but not limited to design, text, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2016 FOTO, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party web site or other networked computer environment) without the express prior written consent of FOTO and/or it suppliers, affiliates, or licensors. All rights reserved.
FOTO and the FOTO logo are including without limitation, either trademarks, service marks or registered trademarks of FOTO, and may not be copied, imitated, or used, in whole or in part, without FOTO’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
FOTO may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Products. Unless we have expressly granted you licenses to our intellectual property in these terms and conditions, our providing you with such web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
H. THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using the Site or Interactive Area are between the transacting parties only. The Site or our Products may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. However, FOTO is not an agent of any third-party transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access from the Site or our Interactive Area, and you irrevocably waive any claim against us with respect to such sites and third-party content. FOTO shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, FOTO PROVIDES ITS SITE AND PRODUCTS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOTO, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, PRODUCT PROVIDERS AND/OR SUPPLIERS (EACH, A “FOTO PARTY,” AND COLLECTIVELY, THE “FOTO PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FOTO PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
K. LIMITATIONS OF LIABILITY.
IN NO EVENT WILL ANY FOTO PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF OUR SITE OR PRODUCTS, EVEN IF SUCH FOTO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR PRODUCTS, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY FOTO PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR PRODUCTS. In the event that, notwithstanding the foregoing disclaimers and indemnification, FOTO is found responsible to any User for any reason whatsoever, FOTO's responsibility shall be limited to the amounts actually paid by such User for FOTO's Product(s), and shall not include punitive damages or consequential or resulting damages of any nature.
L. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SITE AND OUR PRODUCTS OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS J AND K, THE FOTO PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS J AND K, FOTO IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND PRODUCTS, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND PRODUCTS AND OTHER WEB SITES, PRODUCTS, AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND PRODUCTS IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY PRODUCT, SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, FOTO, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from the use of this Site or any violation of this agreement by you.
At any time, FOTO reserves the right to terminate without notice your password, account or use of the Site and delete any related data, in our sole discretion, without cause and/or without notice. You may terminate your user account at any time. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
O. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
P. EUROPEAN USERS.
By using the Site and our Products, Users in the European Union understand and consent to the processing of personal information in the United States.
Q. NOTICES TO FOTO.
You may notify us by e-mail at email@example.com or by mail at
Foto Brands, LLC
6333 E Mockingbird Ln Ste 147-648
Dallas, TX 75214
U. OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
FOTO may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE YOU REGISTERED AS A USER OR PURCHASED A PRODUCT. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of FOTO to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
S. COPYRIGHT COMPLAINTS AND REMOVAL POLICY.
If you believe that your copyright in any material has been infringed on the Site, please send a DMCA Notice (described below) to FOTO’s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under applicable law.
Your notice should includethe following information:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
3. Your address, telephone number, and e-mail address;
4. A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
5. Your physical or electronic signature.
FOTO’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Attn: FOTO Copyright Agent
Foto Brands LLC
6333 E Mockingbird Ln Ste 147-648
Dallas, TX 75214
To submit a notice of claims of copyright infringement online, please include the above listed information and email it to us at firstname.lastname@example.org.
Please note that FOTO, in its sole discretion, may terminate the account of any User about whom FOTO receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact us at email@example.com