Vivid Photo Terms &
Conditions of Service
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
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
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
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
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
b. Copyrighted material that is used without the express
permission of the owner.
c. Content that violates or encroaches on the rights of
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
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.
We respect your privacy and have taken specific steps to
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
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
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
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
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
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
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
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
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
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
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
21. Reporting Violations
You can report abuse of these Terms to
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.
These Terms replace all other Terms and Conditions previously
applicable to the use of our website.
You may terminate your membership with Vivid Photo by writing to