ever after - customized photo collections
HOME
ABOUT
SERVICES
CONTACT
 

 

TERMS OF USE AGREEMENT

Welcome to EVER AFTER. This agreement is a contract between you and EVER AFTER. By using this web site and the services offered on this web site, you are agreeing to comply with and be bound by the following terms and conditions. If you do not agree to these terms, you must end your use of this web site and/or the services offered on this web site. This agreement may be amended from time to time without specific notice to you. The revised terms and conditions will be effective at the time we post it on the web site. This agreement was last modified and posted on September 23, 2007.

The term “EVER AFTER” or “us” or “we” or “our” refers to CYO-A PRODUCTIONS, LLC, the owner of the web site. The term “you” or “your” refers to the user or viewer of our web site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") upon your use of our web site (the "Site"), any of our services, or upon registering as a user. This Agreement constitutes the entire and only agreement between us and you, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site. The section titles in this Agreement are for convenience only, and have no legal or contractual effect.

In order to purchase products or receive services, you may be required to agree to additional terms and conditions. These additional terms and conditions are incorporated as a component of this Agreement. Should a conflict exist between the terms in this Agreement and the terms to purchase products and/or receive a specific service, the latter shall have precedence with respect to your usage of that particular area.

2. Term.

This Agreement shall remain valid and in effect for the duration that you are a viewer, registered user, or terminated user of the Site and services. You may delete and terminate your account at any time. We reserve the right to terminate your account for any reason, effective upon sending notice to you at the e-mail address registered in your account information. Termination of your account results in deletion of your account information from our databases as well as any content that you have uploaded to the Site using your account. We will not be liable whatsoever for any termination of your account or related deletion of your information.

3. Copyright.

The content, organization, graphics, logo, design, compilation, magnetic translation, electronic communication and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

4. Service Marks.

"EVER AFTER" is our registered service mark. Other product and company names mentioned on the Site may be service marks or trademarks of their respective owners.

5. Limited License; Permitted Uses.

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

6. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 5 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or Content and Materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use and policies contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or hereafter developed; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (i) unsolicited commercial email; (ii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (iii) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating web sites, email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

7. Advertisers.

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

8. Registration.

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you warrant that (a) all required registration information submitted is truthful, accurate, and complete, (b) you will be responsible for maintaining the accuracy of such information, and (c) you are thirteen (13) years of age or older. Your registration must be done using your legal name. Each registration is for your personal use only and not on behalf of any other person or entity.

We do not permit any other person using the registered sections under your name, nor access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

At registration, you will be asked to choose a password. The confidentiality of this password is entirely your responsibility. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

9. Share with Friends and Family Feature.

By signing up for the Share with Friends and Family feature through the Site, you authorize us to display information on your order to users of the Site. Accordingly, you hereby grant us a non-exclusive, royalty-free right and license to create digital copies of your collection, and reproduce, distribute and display such copies. All provisions of this Agreement will also apply to your use of this feature.

10. Payments and Fees.

You represent and warrant that if you are purchasing products and/or services from us that (a) you are at least eighteen (18) years of age or the applicable age of majority in your jurisdiction, (b) any credit information you supply is true and complete, (c) charges incurred by you will be honored by your credit card company, (d) you will pay the charges incurred by you at the amounts in effect at the time incurred, including all applicable taxes, and (e) you will immediately notify us of any changes in your billing address or payment information. You will be required to provide a valid credit card number at the time of ordering our products and/or services, and required associated payment information.

You will be responsible for all charges incurred through the use of your password. We do not protect you from unauthorized use of your password.

You agree that no additional notice or consent is required before all amounts due and payable are collected by us from the provided credit card. By providing us with your payment information, you agree that we are authorized to immediately charge your account for all amounts due and payable to us as a result of your purchase. You acknowledge that we reserve the right to change our fees at our discretion, upon so posting on the Site.

We must receive notification in writing from you of any disputes in charges within seven (7) days of your receipt of your credit card statement. If such written notification is not received with the specified time frame, such dispute will be deemed waived. Billing disputes should be sent by email to customersupport@everafter-usa.com. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents.

11. Nontransferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

12. Right to Refuse.

We reserve the right in our sole discretion to refuse service at any time. Sale of any products or services is subject to availability.

13. Errors, Corrections and Changes.

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.

We reserve the right in our sole discretion to edit or delete any information or content appearing on the Site, and to remove any products and services for sale. Upon posting on the Site, we may change fees and discontinue or revise any or all aspects of the Site in its sole discretion at any time and without prior notice.

14. Refund and Return Policy.

To the extent that your purchase of products directly from us is defective, we will reprint your order at no additional charge (not including shipping fees), or refund you your purchase price (less shipping fees plus processing fee of $10 per book), provided that we receive notification by you in writing of your desire and reason for requesting the reprint or refund, and approval is issued for the request. You must send us the request and return the product to us at your own expense in substantially the same condition as when purchased, within fourteen (14) days of receipt of your order.

We are not responsible, and will not refund for any errors in spelling, punctuation, accuracy in text, or low-resolution of images as submitted by you, and/or your selection(s) including but not limited to size, background, page layout, or font. We are not liable, and will not issue reprint or refund for damages or losses sustained to the product(s) in any way during the shipping of your order(s).

15. Electronic Communication.

Communication between you and us are done through electronic means, whether by way of visitation by you to the Site, uploading image files electronically, e-mail correspondence between you and us, or notices we post on the Site. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

16. Ownership of Materials.

We take no ownership of any remarks, suggestions, ideas, graphics, images, or other information communicated by you to us (collectively, "Submission(s)"). We have no control over, and no knowledge concerning Submission(s) to the Site. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Accordingly, you bear the legal responsibility of ensuring that your Submission(s) do not infringe any copyrights or other legal rights of any other person or entity.

17. Unauthorized Materials.

You must agree, represent, and warrant that your Submission(s) to us do not include the following unauthorized materials. (a) Materials that are unlawful, obscene, defamatory, threatening, or offensive; (b) materials that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) materials that invade another person’s privacy; (d) materials that are not lawfully yours to transmit; (e) materials that infringe upon any copyright, patent, trademark, trade name, trade secret, right of publicity, moral right or other intellectual property right of another person or entity; (f) materials of monetary value (including paper currency and postage stamps); (g) materials used for identification purposes (including passports, identification cards, birth certificates, diplomas, and badges); and/or (h) materials containing software viruses, other harmful computer code, or that in any way interfere with or disrupt the services or any servers or networks connected to or used with the services we provide.

18. Use of Information.

We reserve the right, and you authorize us to the use and assignment of all information regarding Site used by you, and all information and Submission(s) provided by you in any manner consistent with our Privacy Policy. We will not be required to treat any Submission(s) or ideas (including without limitation, product, service or advertising ideas) as confidential.

19. Copyrights of Submissions.

You must agree, represent, and warrant that you own the copyright or have permission to copy any photographs, artwork, newspapers, magazines, text, lyrics, poetry or other items that you provide to us as Submission(s). You agree to defend, indemnify and hold us harmless from any suit, demand, claim, or damages arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any costs, liabilities, and attorney’s fees incurred by us in defending against such suit, demand or claim. Although we do not have any obligation to do so, we reserve the right to review Submission(s) to attempt to evaluate whether it may infringe the intellectual property or other legal rights of any third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to us by e-mail at customersupport@everafter-usa.com:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

20. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

21. Linking to the Site.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your web site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

22. Links to other Web Sites.

The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

23. Third Party Content.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content by third parties. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

24. Third Party Services and Policies.

We may allow access to or advertise certain third party product or service providers ("Merchant(s)") from which you may purchase certain products or services. You understand that we do not operate or control the products or services offered by Merchant(s). Merchant(s) are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchant(s). You agree that use of or purchase from such Merchant(s) is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and Merchant(s), for any information appearing on the Merchant(s) sites, or any other web site linked to our Site.

All rules, policies, and operating procedures of Merchant(s) will apply to you while on any Merchant(s) sites. We are not responsible for information provided by you to Merchant(s). We and the Merchant(s) are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

25. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

26. Disclaimer.

The services, content, and products from or through the Site are provided “as is”, “as available”, and with “all faults”, and all warranties (including but not limited to the warranties of merchantability and fitness for a particular purpose), expressed or implied are disclaimed.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

We and any of our Affiliated Parties are not liable for any indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site and products and services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement.

27. Limitation of Liability

(a) We and any Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond the control of us and Affiliated Parties.

(b) We and any Affiliated Parties shall not be liable for failure to meet on agreed processing schedules if such failure can be traced to fire, accidents, acts of God, weather conditions, mechanical breakdown, computer viruses, acts of terrorism, riots, strikes or other labor disputes or disturbances, local or national disruptions in ground or air transportation networks or systems, failures on the part of mail carriers, or other events that are outside of our control.

(c) The aggregate liability of us and the Affiliated Parties in connection with any claim arising out of or relating to the Site and/or the products, information, documents and services provided herein or hereby shall not exceed the amount paid by you to us for the particular items purchased, and that amount shall be in lieu of all other remedies which you may have against us and any Affiliated Parties.

28. Securities Laws.

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

29. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

30. Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the State of Hawaii in the United States of America. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Honolulu, Hawaii, U.S.A., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Honolulu, Hawaii, U.S.A. necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.

31. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Honolulu, Hawaii, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Hawaii, U.S.A. (without regard to conflict of law principles). Any cause of action by you with respect to the Site and/or Affiliated Parties must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth herein this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information and Submission(s) may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

 

 

Copyright (C) 2007-2017 cyo-A productions, LLC. All Rights Reserved.


 

| Terms of Use Agreement | Privacy Policy|