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Terms
and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE before using this
website. All users of this site agree that access to and use of this
site are subject to the following Terms and Conditions and other
applicable law. All users of the FolioSnap product agree to their
Terms and Conditions. If you do not agree to these Terms and Conditions,
please do not use
this
site.
COPYRIGHT
The entire content included in this site, including but not limited
to text, graphics, or code is copyrighted under
the United States and other copyright laws, and is the property of
Photograph America. Copyright 2009, Photograph
America ALL RIGHTS RESERVED. Permission is granted to electronically
copy and print hard copy portions of this site for the sole purpose
of placing an order with Photograph America or purchasing Photograph
America products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by Photograph America.
TRADEMARKS
All trademarks, service marks and trade names of Photograph America
used in the site are trademarks or registered trademarks of Photograph
America.
WARRANTY DISCLAIMER
You expressly understand and agree that:
(a) Your use of our services and that of the FolioSnap product is
at your sole risk. Our services are provided on an "as is" and "as
available" basis.
We expressly disclaim all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
(b) Any material downloaded or otherwise obtained through the use
of our services is done at your own 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.
(c) No advice or information, whether oral or written, obtain by
you from us or through or from our services shall create any warranty
not expressly stated in the terms of service.
30-DAY SATISFACTION
GUARANTEE
Our Services are backed by a 30-day money-back guarantee. If for
any reason you are dissatisfied with our Services, you are entitled
to a full refund of fees you have paid. In order to receive this
refund, you must notify Photograph America and you must close your
FoiloSnap account within the first thirty (30) calendar days of paid
activation. After the first thirty (30) calendar days, your service
contract is considered month-to-month. Any setup fees charged during
this period, including but not limited to new account setup and optional
service upgrades, are non-refundable.
ACCOUNT CANCELLATION PROCEDURES
AND POLICIES
A minimum of thirty (30) calendar days notice may be required for
any request to cancel paid use of Services that are billed on a recurring
renewal basis. Minimum notice is not required for cancellation of
complimentary services or services that incurred a one-time setup
fee. Any refund payments due to you will be returned directly to
your credit card within three (5) business days or paid via check
by postal mail within ten (10) business days.
LAWFUL PURPOSE
We reserve the right to refuse service to anyone. You may use our
Services for lawful purpose only. Transmission of any material in
violation of any Federal, State, or Local regulation is strictly
prohibited. This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene, and material
protected by trade secrets. We expressly forbid anyone from using
our Services or servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene,
or pornographic material, or any other material which we deem to
be objectionable, including but not limited to pornography, satanic
materials, and any and all materials of an adult nature.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Photograph America,
its officers, licensors and suppliers
(collectively the "Service Providers") from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these terms and conditions
or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Photograph
America may link to sites operated by third parties. However, even
if the third party is affiliated with Photograph America, Photograph
America has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Photograph
America. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, Photograph America
seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site,
but for sites it links to as well (including if a specific link does
not work).
© 2009
Robert Hitchman
Photograph America
Novato, CA
415-898-3736
Pacific Time
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