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Photo Mosaic Art Work Terms of Service

Effective May 1, 2021

The following terms and conditions constitute a legally binding contract (these "Terms") between you (“User,” “Users,” “you” or “your”) and Out of the Box Fun, LLC, a Washington limited liability company that governs all use by you of the outoftheboxfun.com websites and other sites managed by Out of the Box Fun, LLC (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to Out of the Box Fun, LLC and all the sites it manages collectively as "Out of the Box Fun”, "we", "our", "us", etc.

1. Purpose of the Service
We offer digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices. All content submitted by or otherwise made available on or through the Site by the Users of the Service, including but not limited to, all photographs, images, artwork and other downloadable content or material shall be referred to herein as “Submitted Content”.

2. Backup your data
YOU SHOULD ALWAYS KEEP BACK-UP COPIES OF YOUR SUBMITTED CONTENT ON YOUR OWN HARD DRIVE OR OTHER PERSONAL SYSTEM AND YOUR USE OF THE SERVICE CONSTITUTES YOUR UNDERSTANDING, ACKNOWLEDGMENT AND AGREEMENT (I) THAT YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL SUBMITTED CONTENT AND (II) THAT YOU WILL MAINTAIN A BACKUP COPY OF ALL SUBMITTED CONTENT STORED ON THE SERVICE SUCH THAT IN THE EVENT OF A CATASTROPHIC DATA LOSS ON THE SERVICE OR THE REMOVAL OR DISCARDING OF SUCH SUBMITTED CONTENT BY US, YOUR IMAGES WILL BE ALSO BE AVAILABLE ON YOUR LOCAL COMPUTER OR ARCHIVED MEDIA.

Submitted content will only be stored on our Site for no longer than 90 days.

3. Client Portal Use

Client portal use is acquired through registration of your email through our client portal system. By using our client portal system, you are agreeing to these Terms. We grant you a limited license to use the client portal for the purpose of uploading photos to create a photo mosaic, notifying Us that your photos are ready for processing, and approving your photo mosaic proof. Once the client portal group is established, you have 45 days to upload photos for your photo mosaic.

4. Shipping

Orders are generally delivered in 10-12 business days. Business days do not include weekends and holidays. Orders with multiple products may ship in separate packages. During the months of Novembers and December, orders may be delayed an additional 5-7 days.

We are not responsible for missed delivery because of a wrong or misspelled recipient name or surname, or delivery address. In the event of incorrectly entered shipping information, you are responsible for the additional shipping charges.

5. Returns
After a proof is approved and final payment has been rendered, the payment is non-refundable. The artwork is custom ordered and not subject to a return. If there is a damaged shipment, you must take a photo of the damaged packaging PRIOR to opening the package so that a claim can be filed with the carrier and a photo of the damage to the damage to the interior wrapping as well as the damage to the product itself so that all proper claims can be made. A replacement will be provided with this proper documentation.

6. Availability
We use reasonable efforts to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Out of the Box Fun Every reasonable step will be taken by Out of the Box Fun to minimize such disruption where it is within the reasonable control of Out of the Box Fun. You agree that Out of the Box Fun shall not be liable to you for any modification, suspension or discontinuance of the Service.

7. Copyright
Out of the Box Fun is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

By posting, storing or transmitting Submitted Content on or via the Site, you thereby grant Us and a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, modify, adapt and otherwise use such Submitted Content in connection with providing the Service to you (“Submitted Content License”). By posting, storing or transmitting Submitted Content on or via the Site, you represent and warrant that: (i) you own all right, title and interest in and to such Submitted Content or have the necessary approvals and permissions to grant Us the Submitted Content License described above; (ii) such Submitted Content, and the exercise by Us of our rights under the Submitted Content License does not violate applicable law or the intellectual property rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights; and (iii) such Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. For the avoidance of doubt, you hereby acknowledge and agree that any breach of the foregoing representations and warranties by you shall be deemed a violation of these Terms of Use to which your indemnification obligations shall apply as provided below under the Section titled “INDEMNITY.”

8. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Us at photos@outoftheboxfun.com. You must provide the following information, which We may then forward to the alleged infringer:

a. identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;

b. provide your address, telephone number, and email address;

c. 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;

d. provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and

e. provide your physical or electronic signature. Upon receiving your complaint, We may remove content that you believe infringes your copyright. In addition, We may terminate the account of the user who appears to be infringing your intellectual property rights.

9. External Links
From time to time We may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that We are not liable for any loss or damage that you may suffer by using other websites.

10. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you register as a user through our client portal, you will be notified of a change of these Terms. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.

11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Washington.

12. General
These Terms constitute the entire agreement between Us and you with respect to your use of the Service. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

13. Comments
If you have any comments or questions about the Service please contact us by email at photos@outoftheboxfun.com.

14. Registration
To purchase from the Service you must be 18 years or over.

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. 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.

15. Password
When you register as a user on our client portal you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

16. Formation of a Binding Contract
No contract will exist between you and Us for the supply of any services or products unless and until We accept your order by a confirmatory e-mail, or other appropriate means of communication.

17. Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges are included in the price of the product if shipped within the contiguous United States, otherwise, shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only. Taxes are added on the final invoice.

18. Copyright in Your Images
We does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Us a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.

19. Conduct
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. 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 the Service.

You agree not to use the Service:

a. for any unlawful purposes;

b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;

c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Us;

d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

f. to upload, post, email or otherwise transmit any material which is likely to cause harm to Us or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

g. to make images hosted by Us available for viewing by the general public through a publicly posted link to the image or otherwise;

h. for any commercial purpose.

You further agree that you shall not:

i. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or

j. provide any information to Us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

20. Monitoring of Content
We do not control the content of client portal user’s accounts and do not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

21. Suspension and Termination of Access, User Accounts and Deletion of Images

You agree that We may at any time without notice:

a. refuse to accept your application to become a client portal user of Out of the Box Fun;

b. move or suspend any part of the Service; or

c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account.

22. Disclaimers
Any material or software downloaded or otherwise obtained through the use of Service is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

We have taken every care in the preparation of the content of the Service. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the Service and shall not be liable to any person for any loss or damage which may arise from its use.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Service.

We may modify or discontinue, temporarily or permanently, any part of the Service, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Service. WITHOUT LIMITATION TO THE FOREGOING, YOUR USE OF THE SERVICE CONSTITUTES YOUR UNDERSTANDING, ACKNOWLEDGMENT AND AGREEMENT THAT OUT OF THE BOX FUN MAY, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, REMOVE AND DISCARD ANY OR ALL OF YOUR CONTENT DELIVERED TO AND/OR STORED OR MAINTAINED ON OUR SITES, STORAGE FACILITIES OR APPS OR OTHERWISE USED IN CONNECTION WITH THE SERVICE.

Any liability we may have to you shall be limited to the reprinting of the prints ordered and not delivered (if any).

Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.

These Terms and conditions do not and shall not affect your statutory rights as a consumer.

23. Disclaimer of Warranty and Limitation of Liability
THE SERVICE, OUR SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

IN THE EVENT WE REMOVE AND/OR DISCARD ANY OF YOUR CONTENT FROM OUR SITES, STORAGE FACILITIES AND/OR APPS, WE ARE NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, SUCH REMOVAL OR DISCARDING OF CONTENT.

THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO US, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS PROVIDED BY OR THROUGH US IS TO OBTAIN A REFUND OF THE AMOUNT PAID FOR THE ORDER IN QUESTION, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF US ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, OUR SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

24. Promo Codes
One promo code can be used per order. Discount does not apply to shipping unless specified.