| 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 in writing PhotoBiz will refund
your monthly plan fee (ie, $25, $45, $60, $80, $100) plus the one-time
setup fee (minus $25 for domain name registration). We do not refund any
portion of the $50 deluxe wedding package. To request a refund and cancel
your service with us, send your request in writing to: PhotoBiz Customer
Service, 2622 NW 97th Ave, Miami, FL 33172. Or you can email us at Customer@PhotoBiz.com.
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 90 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.
If you
have a Domain Name through PhotoBiz:
We will suspend your account for up to 90 days. During
the time your account is suspended you will not have
access to your Domain Name or its use. Your online proofing
portfolio will also be suspended during this time.
If you
have a Web Template through PhotoBiz:
We will suspend your account for up to 90 days. During
the time your account is suspended you will not have
access to your Domain Name or its use. Your online proofing
portfolio will also be suspended during this time. However,
if you would like for PhotoBiz to continue to actively
host your website template online, you will have to
pay $15/month. If you do not pay the $15 we will suspend
your website template in its entirety as well.
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