I. IntroductionWelcome to PrestoPhoto ("us", "we", "the Site", "PrestoPhoto.com")! We are delighted that you ("Member", "you") have decided to join our community. Before you begin, it is important that you read the following Terms of Service ("Terms") carefully.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and the Site that you will use the Site only in a manner consistent with these Terms. If you have questions about these Terms, please contact support. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
The Site reserves the right, at our sole discretion, to change, modify, or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please occasionally review the Terms to keep yourself apprised of any changes. Your continued use of the Service following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
II. Member Registration and InformationWe want to make sure that you have completed (or that you will promptly complete, after you read all this) the information in the Member Registration form on the Site ("Member Information") correctly and completely. In the event that any of your Member Information changes in the future, please be sure to promptly update your Member Information on the Site.
You will have the opportunity to select a User ID and Password during the Member registration process. You are solely responsible in all respects for: (a) all use of the Service made using your User ID and Password, and (b) maintaining the confidentiality of your User ID and Password. Only one individual may access the Site at the same time using the same User ID and Password. You agree to notify us immediately of any unauthorized use of your email address, User ID or Password or any other breach of security regarding the Site of which you are aware. The Site may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reasons that strike us as sound.
If you wish to terminate your Membership, please contact support with a specific request to do so.
III. Legal Age RequirementsYou must be at least 13 (thirteen) years of age to use the Service. If you or your parent or guardian has any concerns, please contact us.
IV. Your SubmissionsUnder these Terms, you may NOT place any of the following material or obtain any such material using the Service:
- Any threatening, obscene, pornographic, or profane material or other material that may give rise to a possible civil or criminal liability under applicable law. The Site advocates that you use an "adult-content" warning label when sharing pictures that include legal adult content;
- Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
- Any material sent from a fake or unknown address.
NudityThe Site is a family friendly site and has to remain family safe, so we allow anything that would be seen in a public museum that admits minors.
While the Site does not and cannot review all submissions, and is not responsible for their content, we reserve the right to move or delete submissions that we, in our sole discretion, deem offensive, defamatory, libelous, obscene or in violation of trademark or copyright laws or otherwise unacceptable.
Ownership of any submission to the Site is wholly retained by the original copyright holder. The Sitemakes no claim whatsoever to uploaded content. In order to deliver the Service, you acknowledge and agree that any submission may be published, copied, customized, removed, transmitted and shown by the Site as specified by the copyright holder. The electronic or physical sharing of your images and materials constitutes permission for reprinting by the recipient.
The Site will not be liable or legally responsible for the content of any submission.
V. Order CancelationBecause we offer real time production we are only able to cancel orders while they are in the PROCESSING status. After your order moves to a FULFILLING status, we are not able to cancel. Orders larger than $1000 are subject to a 5% cancelation fee to cover payment processing fees.
VII. Payment ScheduleCommissions are distributed on or before the end of the second month in which they were earned (example: payment for January sales are made by the end of March). Unpaid commissions roll into the next payment period. Commissions must total $25 dollars, a paypal address must be documented in your account, and any tax information must be complete for commissions to be distributed.
VIII. Third-Party SoftwareWe may make software from third-party companies available to you. To download such software, you must agree to the respective software licenses and/or warranties. Each software product is subject to the conditions and terms of the individual company and the agreement is and will be between you and the respective company.
By downloading third-party software, you understand that we do not guarantee the software will be free of any contaminating or destructive code, such as worms, viruses or Trojan horses. We do not offer any warranty on any third-party software you download using our Service.
IX. Third party linksThe appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by the Site of the opinions or views expressed by these third party websites and the Site does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, the Site is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such we will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, the Site will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
X. Termination of ServiceAlthough we deeply dislike doing so, the Site may terminate your access to the Service with or without cause at any time and effective immediately, at our sole discretion, including but not limited to your failure to conform to these Terms. the Site shall not be liable to you or any third party for termination of use of the Service. Upon termination, your right to use the Service shall cease immediately.
XI. Limitation of LiabilityTo the fullest extent permitted by law, under no circumstances shall the Site be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if the Site has been advised of the possibility of such damages, that result from the use or the inability to use the Service, material, or images, from any changes to the Service, or from unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages; therefore, some of the above limitations may not apply to you.
XII. IndemnityYou will indemnify, defend and hold harmless the Site, including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents (collectively "the Site affiliates") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
XIII. Disclaimer of WarrantiesThe Service and the information, software, products and services associated with it are provided "as is." the Site, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Service and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of the Service is at your own risk. 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.
XIV. MiscellaneousThis Agreement is governed by the laws of the State of North Carolina, without regard to its choice of law provisions. The parties agree that any dispute involving the Site related to these Terms or the Service that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Raleigh, NC. The decision of the arbitrator shall be legally binding and shall be enforceable in any court of competent jurisdiction.
These Terms constitute the entire agreement between you and the Site with respect to this Service and supersede all other communications, written or oral, with regard to the Service.