We will provide our digital photo organization services and custom photo books as detailed in the client contract. If we determine that we cannot perform any/all of the services for any reason, including due to the fragile or poor condition of your photos, we will refund the deposit you have already paid. We will always aim to deliver by the target delivery time stated in the contract or as you and we might otherwise agree, but we do not guarantee that the target delivery time will be met.
2. Your Photos
Solely that we may provide a service and/or a product, you hereby grant to us a limited, non-exclusive, royalty-free license to copy and make derivative works of your photos. You retain all rights, including copyright, to your photos. We will not use your photos for marketing purposes without your express written permission. You represent and warrant that you have all rights necessary to submit your photos to us and to grant us this license, and that our provision of the services will not violate the rights, including copyrights, of any third party.
3. Service Fees
You agree to pay the fees for the service or product as set forth in the client contract. The fees may be subject to increase or decrease if you request additional services, we determine that your photos are different than initially estimated, or if the actual shipping/delivery charges are higher than estimated. We will notify you of any significant fee increase. If you do not agree to the increased fees, you may terminate the client contract and we will refund any fees already paid. Please note that your credit card will be kept on file and your final balance will be charged when your project is complete.
We will not be liable for, and do not warrantee or guarantee against, the misdirection, loss, or theft of, or damage t your product, or any other materials, while they are in transit through or in possession or under the control of any third party carrier in connection with shipment by you to us or by us to you. Insurance is unavailable for the shipping or handling of your order.
5. Limited Remedy for Loss of Your Content
We assume the risk of loss of or damage to your product only from the time that we actually receive it until the time that we deliver it if applicable. We do not assume such risk of loss of or damage to your product, if, after receiving your product from any third party carrier, we discover that any or all of your product is damaged or lost.
6. Disclaimer; Limitation of Liability
EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. WE MAKE NO WARRANTY THAT THE QUALITY OF THE SERVICES OR PRODUCTS, WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. IN NO EVENT WILL WE BE LIABLE FOR THE ACTIONS OF ANY THIRD PARTY WHOM WE ENGAGE AT YOU REQUEST TO PROVIDE ADDITIONAL SERVICES.