Terms and Conditions

Introduction

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 Hqprints.

By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors

Part A: Provisions applicable to all Users of the Service

1. Operator

This Service is operated by Hqprints under the assumed name registered by the office of the county clerk, whose principal business address is 925 West Huron Suite 401, Chicago, IL 60622

Hqprints is also referred to in these Terms as "we" and "us".

2. Purpose of the Service

Hqprints offers digital photography services that provide the ability to print digital images.

3. Availability

Hqprints uses 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 Hqprints. Every reasonable step will be taken by Hqprints to minimize such disruption where it is within the reasonable control of Hqprints. You agree that Hqprints shall not be liable to you for any modification, suspension or discontinuance of the Service.

4. Privacy

Please review Hqprints's Privacy Policy The terms of Hqprints's privacy are considered part of these Terms.

5. Trademarks

All brand, product and service names used in this Service which identify Hqprints are proprietary marks of Hqprints. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Hqprints with respect to any such image, logo or name.

6. Copyright

Hqprints 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 copy write notice.

7. 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 Hqprints 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.

8. General

These Terms constitute the entire agreement between Hqprints and you with respect to your use of the Service. Hqprintss 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 provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

9. Comments

If you have any comments or questions about the Service please contact us by email at suggestion(at)hqprints.net

Part B: Provisions Applicable to Customers

10. Formation of a Binding Contract

No contract will exist between you and Hqprints for the supply of any services or products unless and until Hqprints accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.

11. 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. Reasonable postage charges will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, Hqprints will contact you to let you know the correct price and ask you whether you still wish Hqprints to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

12. Copyrights of Your Images

Hqprints 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 Hqprints a non-exclusive, royalty-free license to use, copy, distribute, and display those images.

13. 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:

  • for any unlawful purposes;
  • 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;
  • to upload, 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 Hqprints.
  • 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;
  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  • to upload, post, email or otherwise transmit any material which is likely to cause harm to Hqprints 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;
  • for any commercial purpose.

You further agree that you shall not:

  • 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
  • provide any information to Hqprints that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

14. Monitoring of Content

Hqprints 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.

15. Suspension and Termination of Access

You agree that Hqprints may at any time without notice:

  • move or suspend any part of the Service; or
  • 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 Hqprints's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Hqprints to do so.

16. Disclaimer of Warranty and Limitation of Liability

Hqprints 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, HQPRINTS'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY HQPRINTS "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, HQPRINTS 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 HQPRINTS, 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, HQPRINTS SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, HQPRINTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, HQPRINTS'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF HQPRINTS 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.

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