TERMS AND CONDITIONS
Please read these Terms of Service
("Terms") carefully as they contain the legal terms and conditions
that you agree to when you use the digital photography services provided to you
by www.samysprints2go.com online photography service, provided through Samy's
Camera, Inc. (collectively, the "Service").
By using our Service you agree to be bound by
these Terms, which contains provisions applicable to all users of our Service,
including casual visitors.
This Service is operated by Samy's Camera,
Inc., a company under the laws of the State of California.
Samy's Camera is also referred to in these
Terms as "we" and "us".
2. Purpose of the Service
www.samysprints2go.com offers digital
photography services that provide the ability to view, share, and store and
print digital images through a range of electronic devices including personal
computers and hand-held devices.
3.Use of this Site
Your viewing and use of this site is at your
own risk. By using this Site, you and other users of the Site agree to these
Terms. If you do not agree to these Terms, you may not access or use the Site.
We may modify the Terms from time to time without notice to you. www.samysprints2go.com
provides you with access to and use of the Site subject to your compliance with
the Terms. No material from the Site may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way, except for as
specifically allowed in the Site.
License. The Site, including all of its
contents, such as text, images, and the HTML used to generate the pages,
("Materials"), are our property or that of our suppliers or licensors
and are protected by patent, trademark and/or copyright under United States
and/or foreign laws. Except as otherwise provided herein, you may not use,
download, upload, copy, print, display, perform, reproduce, publish, modify,
delete, add to, license, post, transmit, or distribute any Materials from this
Site in whole or in part, for any public or commercial purpose without the
specific written permission of Samy's Camera. We grant you a personal,
non-exclusive, non-transferable license to access our web site and to use the
information and services contained herein.
In turn, you grant us a non-exclusive,
royalty-free license to use any content you post on the Site for any purpose,
subject to the express terms of this Agreement.
Your representations to us. By using this Site
you represent and warrant to us that (1) you have the consent of every
individual whose likeness you post to or upload through the Site to do so, (2)
you have the required authorization from the owner of any copyright or other
property right to post or upload their materials to or through the Site or
through kiosks or other terminals at Samy's Camera, (3) all information you
have provided is current, true, and complete, (4) we have your consent to keep
a record of the content of your postings to or though the Site and to
retransmit your online or in-store postings, for example for purposes of photo
processing or printing or other purposes, (5) you agree that any person who
uses the Site may view and/or comment on the material you post to the Site, and
(6) you understand that we may terminate your account without prior notice and
at our sole discretion if we determine that you have violated these Terms.
4.Backup your data
www.samysprints2go.com requires that
you maintain a backup copy of all images and content stored on the Service such
that in the event of a catastrophic data loss on the Service, your images will
be also be available on your local computer or archived media. The download or
upload of any material through the service is done at your own discretion and
risk and you agree that you will be solely responsible for any loss or damage
to your content or image or any damage to your computer system or loss of data
that may result in the download or upload of any material. You are solely
responsible for creating back-ups of your digital content.
We use reasonable endeavors to ensure that
the Service is available 24 hours a day 7 days a week. However, there will be
occasions when the Service will be interrupted for maintenance, upgrades and
emergency repairs or due to failure of telecommunications links and equipment
that are beyond the control of Samy’s Camera. Every reasonable step will be
taken by Samy’s Camera to minimize such disruption where it is within the
reasonable control of Samy’s Camera. You agree that Samy's Camera shall
not be liable to you for any modification, suspension or discontinuance of the
We have a firm commitment to safeguarding
considered part of, these Terms.
All brand, product and service names used in
this Service which identify www.samysprints2go.com or Samy's
Camera, or third parties and their products and services are proprietary
marks of Samy's Camera, and/or the relevant third parties. Nothing in this
Service shall be deemed to confer on any person any license or right on the
part of Samy's Camera or any third party with respect to any such image, logo
Samy's Camera is, unless otherwise stated,
the owner of all copyright and database rights in the Service and its contents.
You may not publish, distribute, extract, re-utilize or reproduce any such
content in any material form (including photocopying or storing it in any
medium by electronic means) other than in accordance with the limited use
license set out in our copyright notice.
9. Reporting Violations of Your Copyrights
If you believe the copyright in your work has
been violated through this Service, please contact Samy's Camera at the
following address: Samy’s Camera, ATTN: In House Counsel, 12636 Beatrice
Street, Los Angeles, CA 90066. You must provide the following information,
which Samy's Camera may then forward to the alleged infringer:
(a) identify the material on the Service that
you believe infringes your work, with enough detail so that we may locate it on
(b) provide your address, telephone number,
and email address;
(c) provide a statement that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
(d) provide a statement that (i) the
information you have provided to us is accurate, and (ii) you are the owner of
the copyright interest involved or you are authorized to act on behalf of that
(e) provide your physical or electronic
signature. Upon receiving your complaint, Samy's Camera may remove content that
you believe infringes your copyright. In addition, Samy's Camera may terminate
the account of the member who appears to be infringing your intellectual
10. External Links
From time to time www.samysprints2go.com 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. We not endorse or take responsibility for the
content on other websites or the availability of other websites and you agree
that Samy's Camera is not liable for any loss or damage that you may suffer by
using other websites.
11. Amendment of the Terms
We reserve the right to amend these Terms
from time to time. If you have registered as a member, we shall notify you of
any material changes to these Terms by email sent to the address you have
provided to Samy’s Camera for your account. If you continue to use the Service
once you have been notified of the changes to these Terms, you will be deemed
to have accepted those changes.
12. Applicable Law and Jurisdiction
These Terms shall be governed by and
construed in accordance with the laws of the State of California. Any disputes
arising under or in connection with these Terms shall be subject to the
non-exclusive jurisdiction of the state and federal courts of the State of
These Terms constitute the entire agreement
between Samy’s Camera and you with respect to your use of the Service. Samy's
Camera’s failure to enforce any right or provision in these Terms shall not
constitute a waiver of such right or provision. If a court should find that one
or more rights or a provision contained in these Terms is invalid, you agree
that the remainder of the Terms shall be enforceable.
If you have any comments or questions about
the Service please contact us by email at firstname.lastname@example.org
To purchase from or register as a member of
the Service you must be 18 years or over.
You agree that the information that you
provide to us on registration and at all other times will be true, accurate,
current and complete. You also agree that you will ensure that this information
is kept accurate and up to date at all times. This is especially important with
respect to your email address, since that is the primary way in which we will
communicate with you about your account and your orders.
When you register as a member you will be
asked to provide a password. As you will be responsible for all activities that
occur under your password, you should keep your password confidential. You must
notify us immediately of any unauthorized use of your password or if you
believe that your password is no longer confidential. We reserve the right to
require you to alter your password if we believe that your password is no
17. Formation of a Binding Contract
No contract will exist between you and Samy's
Camera for the supply of any services or products unless and until we accept
your order by a confirmatory e-mail, SMS/MMS message or other appropriate means
18. Pricing and Delivery
All prices are stated in US dollars and are
valid until altered by us. Prices do not include delivery charges or any import
duties that may be added by the order destination country. Shipping charges
will be added to your order during the checkout process. Any dates specified
for delivery of any products are intended to be an estimate only.
19. Copyright in Your Images
Samy's Camera does not claim ownership rights
in any image contained in your account. For the sole purpose of enabling us to
display your images through the Service and fulfilling any orders for you or
those you have shared your images with, you grant to Samy's Camera a
non-exclusive, royalty-free license to use, copy, distribute, and display those
images. Please note that when you share images, you allow the
recipients to share and make photographic prints from those images.
You are responsible for all of the images you
upload, share or copy using the Service. You must have the legal right to copy
and display each image that you upload, share or print. Professional images
that are provided to you by professional photographers or made available
through websites, magazines, books or other resources, are protected by
copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or
otherwise transmit or communicate any material that is obscene, offensive,
blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful,
an invasion of privacy or publicity rights, defamatory, libelous, vulgar,
illegal or otherwise objectionable;
c. to upload, post, order for print, email or
otherwise transmit or communicate any material that you do not have a right to
transmit or communicate under any contractual or fiduciary relationship or
which infringes any copyright, trade mark, patent or other intellectual
property right or any moral right of any party including, but not limited to
Samy's Camera, Inc.;
d. to harm minors in any way, including, but
not limited to, content that violates child pornography laws, child sexual
exploitation laws and laws prohibiting the depiction of minors engaged in
e. to forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through
f. to upload, post, email or otherwise
transmit any material which is likely to cause harm to Samy's Camera or anyone
else's computer systems, including but not limited to that which contains any
virus, code, worm, data or other files or programs designed to damage or allow
unauthorized access to the Service which may cause any defect, error,
malfunction or corruption to the Service;
g. to make images hosted by Samy's Camera
available for viewing by the general public through a publicly posted link to
the image or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to
interfere with or disrupt) this Service or servers or networks connected to
this Service, or to disobey any requirements, procedures, policies or
regulations of networks connected to this Service; or
b. provide any information to Samy’s Camera
that is false or misleading, that attempts to hide your identity or that you do
not have the right to disclose.
21. Monitoring of Content
Samy's Camera does not control the content of
members' accounts and does not have any obligation to monitor such content for
any purpose. You acknowledge that you are solely responsible for all content
and material you provide to the Service.
22. Suspension and Termination of Access and
You agree that Samy's Camera may at any time
a. refuse to accept your application to
become a member of www.samysprints2go.com;
b. move or suspend any part of the Service;
c. refuse to fulfill any order, or any part
of any order or terminate your account and delete any content stored in your
account if, in Samy's Camera's sole discretion, you fail to comply with any of
these Terms or if a competent regulatory authority requires Samy's Camera to do
23. Disclaimer of Inaccuracies, Warranty and
Limitation of Liability
While www.samysprints2go.com makes every effort to present
accurate and reliable information, the Site is presented "as is."
www.samysprints2go.com and Samy’s Camera make no guarantees with regard to the
content or services of the Site, nor the accuracy, suitability, or reliability
of any of the information or services provided on the Site.
www.samysprints2go.com makes no guarantees that the web server used to present
the Site is free of harmful agents including viruses, downloadable software, or
other components that could affect your computer beyond the control of
From time to time there may be information on
the Site or in an email to you that contains typographical errors,
inaccuracies, or omissions that may relate to product and/or services
descriptions, pricing, and availability. www.samysprints2go.com reserves the
right to correct any errors, inaccuracies, or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order). www.samysprints2go.com is not responsible for
typographical/ photographic errors or manufacturers' price increases.
All prices are good for mail order and
Internet only. The prices displayed on the Site are quoted in United States
Dollars and are valid and effective only in the United States. All prices
subject to change without prior notice.
All images are for illustrative purposes
only. We have done our best to display as accurately as possible the colors of
the products shown on the Site. However, because the colors you see will
depend, in large part, on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
Samy's Camera agrees that all services will
be carried out with reasonable skill and care, and any goods supplied will be
of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, SAMY'S CAMERA'S SITES AND ALL
RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SAMY'S CAMERA "AS IS"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE
FULLEST EXTENT PERMITTED BY LAW, SAMY'S CAMERA DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION
OF ANY DIGITAL CONTENT OR FILM IMAGE TO www.samysprints2go.com, AND THE
DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR
DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE
SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT
OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM OR OTHER MEDIA CONTENT, SAMY'S CAMERA
SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND
PROCESSING. IN THE EVENT OF ANY MISTAKE BY SAMY'S CAMERA, SUCH AS THE SHIPMENT
OF A DEFECTIVE PRODUCT, SAMY'S CAMERA WILL BE LIABLE ONLY FOR THE COST OF THE
ORDER. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE
FULLEST EXTENT ALLOWED BY LAW, SAMY'S CAMERA SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SAMY'S CAMERA'S
SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SAMY'S CAMERA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS
AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
24. Applicable Law/Jurisdiction – Waiver
of Class Action. You agree that the laws of the state of California,
excluding its conflicts-of-law rules, shall govern these Terms. Please note
that your use of the Site may be subject to other local, state, national, and
international laws. Any controversy or claim arising out of or relating to your
use of the Site (including any claim involving Samy's Camera or employees,
contractors, officers, directors, telecommunication providers and content
providers) shall be settled by arbitration administered by the American
Arbitration Association under its Commercial Arbitration Rules conducted in Los
Angeles County, California, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof. You
consent to jurisdiction of the state and federal courts of California for
enforcement of this arbitration provision.
You further agree that the exclusive
resolution of disputes is through individual legal action on your own behalf
instead of through any class or representative action. Even if the applicable
law provides otherwise, you agree that any action against Samy's Camera
whatsoever shall be litigated by you individually and not as a member of any
class or as part of a class or representative action, and you expressly agree
to waive any law entitling you to participate in a class action.