Privacy Policy

This site is powered by Think Big Photos. All transactions you make through this site are between you and Think Big Photos, and all information you provide to this site is provided to Think Big Photos. All of your interactions with this site are governed by the Think Big Photos Terms of Use and Privacy Policy.

 

Think Big Photos Terms and Conditions of Use

 

1. User's Acknowledgment and Acceptance of Terms

Think Big Photos provides the Think Big Photos website and various related products and services (together referred to as this “Website”).

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS Website, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE Website NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS Website, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS Website, IS TO STOP USING THE Website AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS Website.

 

These Terms of Use are effective as of June 1ST, 2010. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, and partners, and includes all parties involved in creating, producing, and/or delivering this Website and/or its contents.

 

2.    Description of Products and Services

We make various products and services available on this Website including, but not limited to, on-demand photo printing. Fees for the various products and services are set out in this Website.

We reserve the sole right to either modify or discontinue the Website, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of fee-based services. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

3.    Registration Data and Privacy

In order to access most of the products and services on this Website, you will need to complete our online registration process, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

 

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

4.    Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for your conduct on the Website. You agree that you will not upload, share, or otherwise distribute or facilitate distribution of any content that:

 

1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

 

2. Comprises copyrighted material used without the express permission of the owner;

 

3. Violates or otherwise encroaches on the rights of others;

 

4. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party

 

5. Advocates illegal activity; or

 

6. Harms anyone, including minors.

 

We and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful or objectionable. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website. Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your user account without prior notice to you for violating any of the above provisions.

 

5.    Third-Party Websites and Information

This Website may link you to other Websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other Websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites, nor are we responsible for errors or omissions in any references to other parties or their products and services.

 

6.    Intellectual Property Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, graphics, and other material and services that can be viewed by users on our Website.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws, and is the sole property of Think Big Photos and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

 

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Think Big Photos or its Affiliates.

 

7.    User's Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, display, modify, transmit, make derivative works of, and distribute, solely for providing or improving the Website.

 

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

 

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

     

    2. Identification of the copyrighted work claimed to have been infringed; 3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

     

    4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

     

    6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

Designated Agent for Claimed Infringement:
Customer Service
Allison Enterprises, INC., d/b/a Think Big Photos
4995 Monaco Street
Commerce City, CO 80022

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

8.    Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS Website ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

 

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

9.    Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Website shall be limited to the amount you paid us for the services on the Website during the 12-month period before the act giving rise to the liability.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS Website OR OF ANY WEB Website REFERENCED OR LINKED TO FROM THIS WEBSITE.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

10.  Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

11.  Use of Website and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the products services available on our Website, including without limitation the maximum number of days that uploaded content will be retained on the Website and the maximum disk space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

 

12.  Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

 

13.  International Use

Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

 

14.  Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 16-22 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

 

15.  Governing Law

This Website (excluding any linked Websites) is controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this Website, both of us agree that the statutes and laws of the State of Colorado, without regard to the conflict of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts located in the City and County of Denver, Colorado with respect to such matters.

 

16.  Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at customerservice@thinkbigphotos.com, if by e-mail, or at Think Big Photos, 4995 Monaco Street, Commerce City, CO 80022, if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed e-mail.

 

17.  Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

18.  Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

Think Big Photos is a trade name of Allison Enterprises, Inc., a Colorado corporation. All references to Think Big Photos in these Terms of Use shall mean Allison Enterprises, Inc.