Vivid Photo Terms & Conditions of Service

Introduction

Welcome to Vivid Photo. Please read these Terms & Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use www.vividphoto.com (the "Site").

Please note that while our terms may change from time to time, you will always find the most recent version here.

Purpose of the site. Vivid Photo is an online photography service which will store your photos in albums and provides top quality prints for digital images. Members can receive their digital prints and enlargements delivered to their doorstep with the click of a mouse.

You control who sees your photos. Vivid Photo is designed to provide a private, secure place for you to store and share your photos. Only you and the friends and family members that you choose to invite have access to your photos.

Your personal information is protected. Your privacy is important to us and we take great care to protect it.

A credit card is required to be eligible for our digital print services. To use our low-cost digital print service, we ask you to provide a valid credit card number (including expiration date and billing information). We will only charge your card when you place an order for digital prints.

We will communicate with you via email. Vivid Photo intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon our receipt of your wish to do so.

Age: You must be at least 18 years of age to sign-up for Vivid Photo.

To read the complete Vivid Photo Terms and Conditions, please see below.

Vivid Photo Terms and Conditions

Welcome to Vivid Photo! Vivid Photo provides members a fun, safe and easy way to print, store and share your digital photographs. However, before you enter the Vivid Photo site (the "Site") or use any of the Vivid Photo services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always prevail. We suggest that you periodically check this page to make sure you are up to date.

By using the Site, you accept the Terms and agree to be bound by them. Acceptance of the Terms creates a binding legal agreement between you and Vivid Photo that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at vividphoto@gmail.com Your use of the Site and its services (together, the "Service") subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to use the Service.

1. Terms of Membership

Vivid Photo membership (referred to as "membership") is available to you if you are at least 18 years of age and you submit certain requested information to Vivid Photo, including (but not limited to) your name and correct email address. You agree that the information that you provide us on registration and at all other times will be true, accurate, current and complete. You also agree that this information will be kept up to date by you at all times.

Vivid Photo are for personal use only.

Before you can use the service for the printing and despatch of digital prints from your photographs, we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate the printing, shipping and handling charges associated with sending you your photographs.

A condition of membership is your "Active Participation" in the service. Active participation is defined as making a digital print purchase through Vivid Photo at least once every 365 days. If your member account is inactive for a period of over 365 days, Vivid Photo may terminate your membership (or any part thereof) or use of the service, and remove and discard any content, including but not limited to any and all information, communications, postings, albums, image files or any other content within the service. Please refer to "Termination" for more terms affecting your membership.

2. Availability

Vivid Photo uses reasonable endeavours to ensure that the site is available 24 hours a day, 7 days a week. There will, however, be occasions when the site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Vivid Photo. Every reasonable step will be taken by Vivid Photo to minimise such disruption where it is within the reasonable control of Vivid Photo.

You agree that Vivid Photo shall not be liable to you for any modification, suspension or discontinuance of the service provided by Vivid Photo.

3. Digital Image Storage

As long as you are an active participant in the service, Vivid Photo offers free, unlimited storage of the low-resolution (lo-res) versions of your online digital photos that you upload to your account.

Digital Images are stored and viewable in screen resolution on the Site. In addition, high-resolution (hi-res) images are stored for prints and for use with other merchandise requests. We store the hi-res versions of your photos in your account for 3 months (90 days) from when you upload your own digital photos from your computer to your account. After 90 days, unless you take one of the actions described below, the hi-res versions of your photos are removed from your account. The low-res photos will remain indefinitely providing that the "Active Participation" criteria are met. These are suitable for viewing and sharing, as well as for purchasing select print sizes. However, if you purchase a print or enlargement of a photo or purchase it via hi-res download within the first 90 days of it being placed in your account, the hi-res version of the photo will remain in your account.

See the section "Terms of Membership" for more information on maintaining an active Vivid Photo membership. Please refer to the section "Termination" for more terms affecting the storage of digital images.

4. Member Conduct

We are committed to ensuring that our service remains a fun and safe place to print, store and share digital photographs and other content. Members are encouraged to use the service to post creative material, including (without limitation) photographs, digital images, links, and comments (the "Content"). To this end, we require that every user of the service, whether or not such user is a member, agrees not to use this service to print, post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:

a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.

b. Copyrighted material that is used without the express permission of the owner.

c. Content that violates or encroaches on the rights of others.

d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the service.

e. Content that advocates illegal activity.

f. Content that harms minors in any way.

g. Any links to the above.

Vivid Photo has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the service may be subject to examination from time to time. You acknowledge that although Vivid Photo does not and will not examine and review all Content submitted or transmitted to the service, Vivid Photo has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you use the service, you agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Vivid Photo in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall "Vivid Photo" (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

5. Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes.

6. Formation of a Binding Contract

No contract will exist between you and Vivid Photo for the supply of any services or products unless and until Vivid Photo accepts your order by a confirmatory e-mail.

7. Pricing and Delivery Of Photos

All prices are stated in US dollar and are valid until altered by us. In the event that you order products and the price published on the Site was incorrect, Vivid Photo will contact you to let you know the correct price and ask you whether you still wish Vivid Photo to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

8. Cancellation Rights

You have a right to withdraw from this contract, without any charge, by giving us a notice in writing or by email at any time within 7 working days from our acceptance of your order by our confirmatory email. This right of cancellation does not apply if we provide the service to you within this 7 day period. You hereby consent to our provision of the service to you right away.

9. Third Party Software

As a convenience to our members, we may make third-party software available through the service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.

By downloading third party software, you acknowledge and agree that Vivid Photo does not guarantee that any software downloaded through the service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Vivid Photo makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the service. In no event shall Vivid Photo (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the service.

10. Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

11. Trademarks

All brand, product and service names used in this Site which identify Vivid Photo or third parties and their products and services are proprietary marks of Vivid Photo and / or the relevant third parties. Nothing in this site shall be deemed to confer on any person any licence or right on the part of Vivid Photo or any third party with respect to any such image, logo or name.

12. Copyright

What You License to Vivid Photo
When you join our service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all Content on the service (in accordance with and subject to these Terms, of course). Accordingly, as a condition to your membership, you hereby grant Vivid Photo a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the service by you, solely for the purpose of providing the service. You remain the owner of all Content that you submit to the service and as a condition to membership, you represent and warrant to Vivid Photo that you are the owner of the copyright to Content you submit to the service or that you have written permission from the copyright owner to submit such Content.

Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our service are protected by copyright law. You understand that Vivid Photo is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the service. Vivid Photo has the absolute right to terminate your membership or exclude you from the Site if you use our service to violate the intellectual property rights of third parties.

13. External Links

From time to time, Vivid Photo 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. Vivid Photo does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Vivid Photo is not liable for any loss or damage that you may suffer by using other websites.

14. Indemnity

You agree to indemnify, defend and hold harmless Vivid Photo, (including its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service) from and against all losses, expenses, damages and costs, including reasonable legal costs 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 services using your account.

15. Limited Warranty

(A) The service is available on an "as available" basis only.

(B) Except for the above express limited warranty, to the extent permitted under applicable law, Vivid Photo expressly disclaims 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. Vivid Photo makes no warranty that (1) the site or service will be provided in a manner that is uninterrupted, timely, secure, or error free, (2) the site or server are or will be free of viruses or other harmful components, or (3) the service, site or content provided will meet your requirements. Vivid Photo makes no warranties of any kind with respect to software, goods, services, promotions, or the delivery of any software, goods or services that are purchased, accessed or obtained through Vivid Photo's site or that are advertised on Vivid Photo's site. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. 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.

16. Limitation Of Liability

You expressly acknowledge and agree that, to the fullest extent permitted under law, Vivid Photo will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages. This foregoing limitation applies to damages arising from (1) use or inability to use the service; (2) cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the service; (3) unauthorized access to or alteration of your transmissions by third parties; (4) third party content made available to you through the service or (5) any other matter relating to the service.

17. Termination

You agree that Vivid Photo, in its sole discretion, may terminate your membership (or any part) or use of the service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the service, at any time, without notice, for any reason, including but not limited to:

a. Conduct violating these Terms or other policies or guidelines set out by Vivid Photo elsewhere on the Site;

b. Conduct that Vivid Photo believes is harmful to other Vivid Photo users, the business of Vivid Photo, or other third party information providers;

c. Failure to continue Active Participation; and

d. Conduct that violates the letter or spirit of these Terms.

Further, you agree that Vivid Photo shall not be liable to you or any third-party for any termination of your access to the service.

18. Choice of Law

These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

19. Modification of Terms

You agree that Vivid Photo reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the service or any part of the service. Any amendments or modifications made by Vivid Photo shall be prospective only.

20. Entire Agreement

These Terms constitute the entire agreement between you and Vivid Photo and govern your use of the service, superseding any prior agreements between you and Vivid Photo. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always prevail. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of Vivid Photo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. Reporting Violations

You can report abuse of these Terms to vividphoto@gmail.com.

22. Third Parties

These Terms do not confer any rights on any person or party (other than you and/or Vivid Photo) pursuant to the Contracts (Rights of Third Parties) Act 1999.

23. Replacement

These Terms replace all other Terms and Conditions previously applicable to the use of our website.

24. Termination

You may terminate your membership with Vivid Photo by writing to vividphoto@gmail.com.


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