Changes to the Services and Terms and Conditions
Some of these Terms may be applicable only to specific aspects of the Services, which may from time to time be available or unavailable at our sole discretion, as further provided below. In such instances as these Terms, the context, our Site, our Studios or the Services warrant, such inapplicable Terms will not apply.
Please note that we reserve the right to, at any time, with or without notice to you, change all or any part of these Terms; change the Services, including by completely or partially modifying, discontinuing, eliminating or postponing the use of any content on or aspect of the Services; and change any fees or charges associated with the use of the Services. Any changes will be effective immediately. Your continued use of the Services after such change will be deemed acceptance of such changes to the Terms and the Services. The "Last Updated" legend at the top of these Terms indicates the latest revision to the Terms. By using the Services, you acknowledge that you will periodically return to this Terms page to ensure familiarity with the most current version of these Terms. Portrait Innovations is not liable to you or to any third party for any modification, discontinuance, elimination, or postponement of any content on or aspect of the Services, including but not limited to any change in any fees or charges associated with the use of the Services.
By using the Services, you may be subject to additional terms and conditions for specific products and services. Any such additional terms and conditions will be available for viewing in conjunction with the applicable product or service.
License to Use Our Services
Portrait Innovations grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable, limited right and license to access our Services solely for your own personal and non-commercial purposes. All proprietary information included in the Services, including materials, copyrights, or trademarks remains the property of Portrait Innovations. At no time may you modify, transmit, reproduce, display, or distribute any portion of any aspect of the Services without our written consent. All rights not expressly granted hereunder are expressly reserved by Portrait Innovations. By using the Services you agree to comply with all applicable local, state, agency and national laws, rules and regulations. You, as a user of the Service must respect the rights, privacy and dignity of others, including without limitation in the creation, and use, of your Submissions (as defined below). Any violation of the foregoing may result in termination of your access to and use of the Services.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you represent and warrant to us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Materials provided through the Services are provided as a service to our customers to be used for personal purposes only. We make no representations about the suitability of such materials for any purpose.
It is not necessary to establish a member account to use some of our Services, such as the use of our professional photography Services provided at our Studios. If, however, you desire to engage in transactions on our Site, such as viewing, creating, uploading, printing, customizing, storing, ordering or taking other actions with respect to your portraits or Portrait Products™ via our Site, you will first be prompted to create a member account and register to use such Services. You may create a member account independently by accessing the Site or may be enrolled into a member account in connection with your Studio visit. If a member account is created in our Studio, we will email your unique access credentials to the email address you provide to us.
In order to create a member account, you must provide accurate, truthful, complete and up-to-date information about yourself and you must keep this information updated with any changes at all times. If we determine any username or other information or content provided by you is inaccurate, untruthful, incomplete, out-dated, vulgar, offensive, profane, illegal, or is found to be protected by any intellectual property right or for any other reason, we may deny, suspend or terminate your access to the Services or delete such username, information or content without notice. Portrait Innovations may deny you use of such username.
YOU ARE ENTIRELY, AND EXCLUSIVELY, RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCESS CREDENTIALS, INCLUDING YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CARRIED OUT THROUGH YOUR MEMBER ACCOUNT. YOU AGREE THAT YOU WILL NOT HOLD PORTRAIT INNOVATIONS LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES BY A THIRD PARTY WITH RESPECT TO SUCH ACTIVITIES.
Our Site may enable you to submit and upload personal materials such as, without limitation, photographs and other pictures, text, graphics, illustrations and other images, files, videos, sounds, data, links, and other materials (collectively, "Submissions"). While you retain ownership of any of your Submissions, by using the Services, you grant Portrait Innovations an unlimited, irrevocable, perpetual, royalty-free, fully paid-up right and license to use, duplicate, alter, distribute, transmit, create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions in connection with the Services, including the promotion of the Services. Any arrangement or organization of your Submissions through the use of tools and features made available by Portrait Innovations, either on the Site or at the Studio, are not proprietary to you. Portrait Innovations may use such created works, and may reproduce, distribute, modify or transmit such created works, in any manner and for any other purposes. Such tools and features, and the corresponding templates, designs and layouts, shall be the sole and exclusive property of Portrait Innovations.
You represent and warrant that you own or otherwise possess all required rights for each of your Submissions. You further represent and warrant that none of your Submissions violates, or will violate, any copyright, trademark, intellectual property or proprietary right of any person or entity and such Submissions are not unlawful, threatening, fraudulent, profane, abusive, libelous, defamatory, obscene or otherwise offensive. You hereby consent to the use of your likeness, and represent and warrant that you have obtained all consents of every identifiable individual who appears in a Submission (including the consent to use such individual's likeness), for any reason contemplated by these Terms. You represent and warrant that for each such identifiable individual who is under the age of eighteen (18) you are, or have obtained all consents from, such individual’s parent or guardian. By using the Services, you hereby agree that, upon request, you will provide written documentation of such consents as contemplated by these Terms.
Portrait Innovations will not be liable for any use, disclosure or removal of any Submission, regardless of your lack of knowledge of the Submission’s properties or rights associated with such Submission. We may (but are not required to) (i) regulate and/or filter in any method and in any manner any Submission; (ii) release any Submission and any information related to such Submission to protect Portrait Innovations and its affiliates, business partners, and directors, officers, employees, agents, representatives and users; and (iii) comply with all legal obligations or governmental requests or inquiries; for any other reason or purpose.
We are not responsible for any part of, and will have no liability for, the loss, deletion, corruption, removal or non-removal of any Submission from the Services, regardless of the method used to request removal of such Submission. The Services are not intended to be used as a medium to store or back up any type of Submission.
Portrait Innovations retains full ownership of all right, title and interest in and to, including without limitation all copyrights in and to, any content and materials created, photographed or developed by Portrait Innovations in any of our Studios, including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links, information and other materials (collectively, "Studio Portraits") at all times. At our sole discretion, Studio Portraits may be available for purchase and accessible through the Services. Upon purchase of the Studio Portraits, we grant you a limited license to use such Studio Portraits solely for your individual, personal use. By accessing and using the Services, you hereby grant Portrait Innovations an unlimited, irrevocable, perpetual, royalty-free and fully-paid right to use, duplicate, alter, distribute, transmit, transfer, create derivative works of, and publicly display and perform (publicly or otherwise) such Studio Portraits, in connection with the Services, including the promotion of the Services, and for any other lawful purpose. Any arrangement or organization of the Studio Portraits, with or without incorporation of your Submissions in whole or in part, through the utilization of tools and features made available through Portrait Innovations are not proprietary to you. Portrait Innovations may use such created works in reproduction, distribution, modification, or transmission of such works in any manner and for any other purposes. Such templates, designs and layouts shall be the sole and exclusive property of Portrait Innovations.
Storage and Retention
With respect to any Submissions and Studio Portraits, we reserve the right to, and you hereby agree that we may: (i) store such Submissions and Studio Portraits as part of the Services for the period of time determined by us, (ii) delete and purge such Submissions and Studio Portraits without notice to or consent by you, and (iii) modify, alter, edit, reformat, crop, scale, copy, transmit, distribute, watermark or otherwise brand such Submissions and Studio Portraits located within the Services.
Further, when you use the Services, you become a participant in an online community of people who enjoy videos and photography. In order for us to make your Submissions and Studio Portraits available to you and your invitees, as well as to use Submissions and Studio Portraits to offer you a special variety of online services, you hereby grant us a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute Submissions and Studio Portraits.
Products and Service Information
Unless indicated otherwise, products and services featured through the Services are available directly from or through Portrait Innovations. We have made a conscientious effort to display and describe our products and services accurately so that you can get a good idea of the type, design, texture, sizes, specifications and configuration of the products featured and the nature, character and implementation of the services offered. However, the detail and accuracy of the image and specifications of products that you see as a visitor to the Site will depend on a number of things, including your computer equipment and Internet connections. Furthermore, we from time to time improve our products and services in response to the technological advancements. Consequently, we cannot and do not guarantee that the product images, specifications or services displayed or described to you as part of the Services are or will remain accurate in every detail.
All textual, visual and audio descriptions, Site and product content, features, images, specifications, and any products, price and availability of any products or services are subject to change without notice. Any offering of any product or services is not a guarantee that such products or services are or will be available at that time. By placing an order through the Services, you represent, warrant and covenant that the products or services ordered will be used lawfully. Portrait Innovations reserves the right, with or without prior notice, to impose conditions on any redemption of, or refuse the redemption of, any promotional product or advertisement, including coupons, coupon or promotional codes, or any other type of promotional method or medium.
If you order a product from us to be shipped to you, title and risk of loss transfers to you when it is delivered to our carrier for shipment to you.
With regard to any products purchased by you through our Site or Studios, we will provide you with a limited warranty covering any manufacturing defects for which we are responsible. This limited warranty will apply during the period in which you own the product produced using our Services. In the instance that this limited warranty applies, we, in our sole discretion, will either (i) replace the defective product or (ii) refund you the amount you paid for the applicable product. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Personalized Web Pages
As part of the Services, we may provide you with access to and use of certain personalized pages on our Site customized or chosen by you to enable you to access and share Submissions and Studio Portraits. We do not guarantee the availability of any particular web page on our Site, and we reserve the right, at any time and in our sole discretion, to terminate, disable, suspend and/or transfer any such web page. In such cases, we may, at our option, provide you with another web page.
Third Party Products and Links
The Site may contain links to other websites that we feel may be of interest to you as our customer, and may offer you the ability to share and publish images, photographs and other content to third party sites. Portrait Innovations has no control over and is not responsible for any websites, services, or software provided or operated by third parties. Any link to, direction to, or incorporation of any third party website, service or software is not and shall not be an indication of an approval or endorsement by Portrait Innovations of such third party or resource. Any link to, direction to, or incorporation of any website, service or software is solely for convenience. Use of such third-party websites, services, software or resources is subject to the terms and conditions imposed by the third party provider. Any third party website, service or software that provides links to the Services is not an endorsement by Portrait Innovations of such website, service or software and we are not responsible or liable for any such links to the Services, or any content, charges, fees, advertising or other materials or information associated with such website or resource. Any concerns regarding any product or service offered by a website to which our Site is linked or the link itself should be directed to the operator of that specific website and not to us.
YOU AGREE THAT ANY USE OF A THIRD PARTY WEBSITE OR RESOURCE INCLUDING BUT NOT LIMITED TO ANY RESOURCE, CONTENT, CHARGES, FEES, ADVERTISING, PRODUCTS, SERVICES OR ANY OTHER TYPE OF MATERIAL OR INFORMATION AVAILABLE THROUGH SUCH THIRD PARTY IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH WEBSITE OR RESOURCE.
Linking to the Site
As part of the Services, we grant you a limited, revocable, non-exclusive license to establish a hypertext link for your personal, non-commercial purposes (a "Link") from a third party website or page to your personalized web page on the Site, subject to the following terms and conditions: (a) the Link must be a text-only link and not use any Portraits Innovations’ trademarks or logos without our prior written consent, (b) the Link must "point" to your personalized web page within the Site, and not to other pages within the Site, (c) the appearance, position and other aspects of the Link may not be such as to damage or dilute the goodwill associated with our name, trademarks or servicemarks, (d) the third party site containing the Link shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, patently offensive, including without limitation content which is sexually explicit, promotes violence, or promotes discrimination based on race, sex, religion, natural origin, physical disability, sexual orientation or age, (e) the appearance, position and other aspects of the Link may not create the false appearance that any person or entity is associated with or sponsored by Portrait Innovations, (f) the Link, when activated by a user, must display your personalized webpage on the Site full-screen and not within a ''frame" on the linking website, (g) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the Site, and (h) we reserve the right to revoke our consent to or otherwise block or disable the Link at any time in our sole discretion and you agree to immediately cease using the Link at any time that we so request. You agree that all other hypertext links to this Site or any page hereof must be approved in writing by us.
Ownership of the Services
Unless otherwise noted, all of the Services and all information, trademarks, copyrighted material, trade dress, images, illustrations, designs, icons, photographs, video clips, software, content, advertisements, and other materials use on or in connection with the Services ("Proprietary Material") are the sole and exclusive property of Portrait Innovations. Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms, we do not grant any express or implied right to use any Proprietary Material.
Copyrights and Trademarks
The Services and all contents of the Services, including all Proprietary Materials, are protected by U.S. and international copyright laws and by other applicable laws, and are: Copyright © 2012 Portrait Innovations, Inc., 2016 Ayrsley Town Boulevard, Suite 200, Charlotte, NC 28273 U.S.A. All rights reserved. References throughout the Services to terms that appear with (TM), (SM) or ® markings are considered proprietary trademarks, service marks and trade names owned by Portrait Innovations. All rights not expressly granted herein are reserved by Portrait Innovations and/or its affiliates and suppliers.
Digital Millennium Copyright Act of 1998 Notice
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. You may not process any material owned by someone else without the written consent of the owner of such material. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services. If you believe, in good faith, that any picture, display, image or any other type of information or aspect of the Services infringes on your right in a copyright, trademark, or other type of protection, you may send us notice of such infringement requesting us to remove or block the content. Notice of such infringement must include material, relevant, and reasonable information required by the DCMA so as to sufficiently notify us about the specific infringement and your rights to such protection, including the authority to exercise such protection. See the Digital Millennium Copyright Act of 1998 at http://www.copyright.gov/ for details on what type of information is required to make such notice and for specifics as to the rights associated with copyrights. Notice to us should be sent to us at our address below.
Termination and Survival
These Terms remain effective until terminated as set forth herein. We reserve the right to, in our sole discretion, immediately terminate these Terms, in whole or in part. We also reserve the right to terminate your access to and use of the Services, in whole or in part, for any reason at any time, including without limitation, violation of these Terms. Termination of such privileges shall include, and be contemporaneous with, the termination of your rights under these Terms and the right to access the Services. Such termination may occur with or without notice. Any information associated with such access including, but not limited to, username, password, Submissions or Studio Portraits may be deactivated or deleted without notice to you. By accessing and using the Services you agree that Portrait Innovations shall not be liable to you or any third party for such termination of access to the Services, Submissions, Studio Portraits or any information related to such Services, Submissions or Studio Portraits. The rights and obligations of the Terms set forth herein will survive termination.
Any advertisement, sweepstakes, contest, or any other promotion may be governed by specific rules related to such promotion and separate from these Terms. Participation in such promotion subjects you to the rules associated with such promotion. If a conflict arises between the terms and conditions of such promotion and these Terms, the terms and conditions of the promotion shall control.
Notice for California Users
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs’ address is 1625 North Market Blvd., Sacramento, CA 95834, and the telephone number is (800) 952-5210.
You are required to be at least 18 years of age to access and use the Services. By accessing and using the Services, you represent that you are at least 18 years old. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that we do not endorse any of such products or services in particular.
By accessing and using the Services, you agree to indemnify, defend and hold harmless Portrait Innovations, including its officers, directors, employees, agents, consultants, affiliates, licensors, partners, suppliers, sponsors and advertisers, from and against any and all losses, claims, liabilities, expenses, damages, and costs including reasonable attorneys' fees arising directly or indirectly from any breach of these Terms, your Submissions or any activity related to the Services (including negligent or wrongful conduct and, without limitation, any and all purchases) by you or any other person accessing the Services as your invitee, with or without your authorization.
Disclaimer of Warranties
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY AND ALL STUDIO PORTRAITS, MATERIALS, INFORMATION, PRODUCTS, SERVICES, AND ALL FUNCTIONS AND FEATURES OF THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE WITHOUT WARRANTIES, EXPRESS OR IMPLIED (EXCEPT AS OTHERWISE EXPLICITLY SET FORTH ABOVE IN THE SECTION ENTITLED “PURCHASES”). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PORTRAIT INNOVATIONS AND PORTRAIT INNOVATIONS’ AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE OF TRADE (EXCEPT AS OTHERWISE EXPLICITLY SET FORTH ABOVE IN THE SECTION ENTITLED “PURCHASES”). BY ACCESSING AND USING THE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF, AND YOUR RELIANCE THEREON, OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PORTRAIT INNOVATIONS AND PORTRAIT INNOVATIONS’ AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF DATA), ARISING OUT OF OR RELATING TO, IN ANY WAY (INCLUDING BUT NOT LIMITED TO ALL INTERACTION, COMMUNICATION, MATERIALS, INFORMATION, PROCESSES, FEATURES, FUNCTIONS, OR OTHER PRODUCTS OR SERVICES), THE SERVICES, EVEN IF YOU HAVE BEEN COUSELED, NOTIFIED OR ADVISED IN ANY WAY OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS IS TO STOP USING THE SERVICES (EXCEPT AS OTHERWISE EXPLICITLY SET FORTH ON THE SITE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF PORTRAIT INNOVATIONS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, SHALL BE $100 (EXCEPT THAT THE LIMITATION OF LIABILITY FOR PRODUCT RETURNS UNDER THE LIMITED WARRANTY IS THE PRICE OF THE PRODUCT, PLUS SHIPPING, AS APPLICABLE). If you are a resident of a state that does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion or limitation may not apply to you.
If you have any comments, questions or complaints about these Terms, please contact Customer Service at:
Portrait Innovations, Inc.
2016 Ayrsley Town Boulevard, Suite 200
Charlotte, NC 28273 U.S.A.
Effective Date: October 10, 2012
Copyright © 2014 Portrait Innovations, Inc.