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.

 

1. Operator

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.

5. Availability

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 Service.

6. Privacy

We have a firm commitment to safeguarding your privacy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.

7. Trademarks

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 or name.

8. Copyright

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 the Service;

(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 owner; and

(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 property rights.

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 California.

13. General

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.

14. Comments

If you have any comments or questions about the Service please contact us by email at sbminilab@samys.com

15. Registration

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.

16. Password

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 longer secure.

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 of communication.

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.

20. Conduct

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 sexual conduct;

e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

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 Membership

You agree that Samy's Camera may at any time without notice:

a. refuse to accept your application to become a member of www.samysprints2go.com;

b. move or suspend any part of the Service; or

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 so.

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 www.samysprints2go.com.

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.