Terms and Conditions
BiographyNOW may, in its sole discretion, modify this Agreement from time to time, and may modify, suspend, or terminate the Site and Services, for any reason, and without notice. BiographyNOW recommends that you review these terms from time to time to note any changes. Although you may be asked to indicate your assent to the terms of this Agreement only once (when you register for a account), the terms of this Agreement, as modified by BiographyNOW from time to time, will govern all use of the Site and Services. By continuing to use or access the Site or any of the Services, you agree to be bound by the Terms of Service in effect at the time of such use or access.
Note that any violation of these Terms may result in termination of the Service to you. If you have questions about the Terms, please contact us at firstname.lastname@example.org
- RESTRICTIONS, CONTENT AND MEMBER CONDUCT
- AGE REQUIREMENTS
- COST OF MEMBERSHIP
- MEMBERSHIP INFORMATION
- PAYMENTS AND ELECTRONIC COMMUNICATIONS
- INACTIVE ACCOUNTS
- EMBEDDED INFORMATION
- COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS
- THIRD PARTY CONTENT
- LINKS TO THIRD PARTY SITES
- DISCLAIMER OF WARRANTIES
- SHIPPING AND LOSS OF ORIGINAL CONTENT
- ACCEPTANCE OF BUSINESS MODEL
- NATIONAL AND LOCAL LAWS
RESTRICTIONS, CONTENT AND MEMBER CONDUCT
You acknowledge and agree that all collected materials, photographic prints, albums of photographic prints, slides, film, negatives and resulting digital images (collectively "Content") submitted by you to the Service and/or created for you by the Service are your sole responsibility. When submitting Content to BiographyNOW, you are representing and warranting your ownership of the Content or possession of written permission from the copyright owner to make such Content available to BiographyNOW to perform the Service and its obligations under these Terms.
You will not do any of the following while using or accessing the Site or the Services:
a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity)
b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content
c. Use any meta tags or other hidden text or metadata utilizing the BiographyNOW name, trademark, URL or product name without BiographyNOW's express written consent
d. Post, upload, email or otherwise transmit, without first obtaining the permission of BiographyNOW, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation
e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of BiographyNOW
f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site
g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content
h. Attempt to probe, scan or test the vulnerability of any BiographyNOW system or network or breach any security or authentication measures
i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information
j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services
k. Collect or store personal data about other users without their express permission
l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud
m. Resell the Services, in whole or in part
n. Violate any applicable law, regulation, or ordinance; or
o. Use the Site or Services in any manner not permitted by this Agreement.
To become a Member of the Service, you must be 18 years or over.
COST OF MEMBERSHIP
There is no cost to become a Member of the Service.
You agree to provide BiographyNOW with true, accurate, current and complete information about yourself when such information is requested by the Service in any form or email. You agree to keep this information up to date at all times.
You agree to indemnify and hold BiographyNOW and its officers, directors, employees, affiliates, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys' fees and costs of defense) BiographyNOW or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
PAYMENTS AND ELECTRONIC COMMUNICATIONS
When placing an order, you will be responsible for paying an upfront full service fee of the total amount due. You agree to pay in full, the price for your order and any additional amounts incurred due to any or all of the following circumstances: 1) the total due for your actual number of scans performed is greater than your upfront deposit/payment, 2) the type of images submitted for scanning differ from the type entered on the estimate form, and/or; 3) the actual shipping/delivery charges are higher than estimated at the time of your order. Should the work performed and/or shipping be lower than quoted via our site, you will only be charged for the services provided and/or the shipping costs incurred.
Refunds are subject to review and approval by BiographyNOW management. Due to the customized nature of BiographyNOW's products and services, refunds due to customer error may or may not be issued. Finished products typically cannot be "restocked" or "resold" to other customers, limiting the potential refund, when caused by customer error.
Approved refunds that are the result of customer error may be subject to a processing fee of 3.5-5%. This fee will be charged and deducted from the total refund amount issued back to the customer.
Currently BiographyNOW offers free shipping for all first time orders. In the event that shipping is required that is not covered in the free shipping component, we agree to provide UPS Ground return shipping at a flat rate of $10 for packages up to 20 lbs for customers in the continental U.S.. Any other shipping options are at your cost and are to be prepaid by you at the time of placing the order. All payments for shipping and the Deposit shall be made by credit card in advance prior to shipping the originals. Should any taxes apply, you are responsible for these costs. BiographyNOW reserves the right to either suspend or terminate your access to your account and terminate these Terms due to issues arising from inability to process your credit card charges.
By using the Service, you consent to receiving electronic communications from BiographyNOW. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
BiographyNOW reserves the right to delete your account if it has been inactive for more than six (6) months. Commercially reasonable efforts will be made to send you an e-mail notice alerting you to the potential deletion of your account from the Site.
In order to provide its service, it may be necessary for BiographyNOW to embed information into the resulting image files from our scanning processes. You hereby acknowledge that this Embedded Information may be used in the future to identify the source and history of an image independent of the Service and that you have been informed that this Embedded Information may exist in scans performed by the Service. You hereby acknowledge that you understand distributing your images can result in the distribution of this Embedded Information. You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images either intentionally or unintentionally.
COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS
Unless otherwise specified, all information appearing on the Site including documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property of BiographyNOW, Copyright © 2015 BiographyNOW. BiographyNOW and the BiographyNOW Logo are service marks owned by BiographyNOW. All other trademarks, logos and service marks displayed on the Site are the property of their respective owners. BiographyNOW provides products, content and services through the Site, including content, trademarks, logos, graphics and images that are not content that are the copyrighted work of BiographyNOW or BiographyNOW's licensors. You agree that you have no right to copy, reproduce, edit, modify any these materials. You agree that you have no right, title or interest in the site or any Materials provided on the site. All rights not expressly granted herein are reserved.
THIRD PARTY CONTENT
BiographyNOW may allow third parties to offer you products and services, including offers through our Site or via email if you have opted to receive such communications. Your participation in any of these offers is solely between you and the third-party company. BiographyNOW disclaims all express, implied and statutory warranties with regard to third party content.
LINKS TO THIRD PARTY SITES
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to BiographyNOW for personal use only. A Web site that links to BiographyNOW (1) may link to, but not replicate, any portion of the Site; (2) may not imply that BiographyNOW is endorsing such Web site or its services or products, unless otherwise expressly agreed by BiographyNOW; (3) may not misrepresent its relationship with BiographyNOW; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray BiographyNOW or the BiographyNOW Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate BiographyNOW with undesirable products, services, or opinions; and (6) may not use any BiographyNOW trademark or service mark without our express written permission. BiographyNOW may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.
This Agreement is effective until terminated. If we believe that you have, or may have, breached any of the terms, conditions, representations or warranties of these terms and conditions, BiographyNOW may immediately terminate or suspend this Agreement, at BiographyNOW's sole discretion. You agree that BiographyNOW, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that BiographyNOW shall not be liable to you or any third-party for any termination of your access to the Service. Termination of this Agreement by BiographyNOW is without prejudice to any other remedies BiographyNOW may have at law or in equity. Agreement provisions relating to representations and warranties, disclaimers of warranties, limitation of liability, indemnification, confidentiality, proprietary rights, dispute resolution and payments shall survive termination or expiration of this Agreement. Upon termination of this Agreement, you are no longer authorized access to or use of the Site and the BiographyNOW Services, and any subsequent access or use without the prior written consent of BiographyNOW is prohibited.
You have the right to terminate your membership at any time by contacting our Customer Service Department (email@example.com). The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request.
BiographyNOW may publish any Feedback any Feedback you may provide. Feedback will be the sole and exclusive property of BiographyNOW. You hereby assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to BiographyNOW.
DISCLAIMER OF WARRANTIES
The Site and all products and services provided through it are provided "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, BiographyNOW disclaims any warranties for the security, reliability, timeliness, and performance of the BiographyNOW site or the BiographyNOW service. BiographyNOW further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the Site.
SHIPPING AND LOSS OF ORIGINAL CONTENT
You, the user, understand and agree that the submission of any physical or digital photos, slides, or negatives to BiographyNOW, and the download or upload of any material through the BiographyNOW site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your photos, and any damage to your computer system or loss of data that may result in the download or upload of any material. BiographyNOW does not assume any responsibility for any loss, physical, or personal damage, or any other type of damage that may in any way result from the use of its products or services.
BiographyNOW shall assume no responsibility for any loss or damage to client's materials while it is transported by the mail, courier or transport companies. BiographyNOW shall assume no responsibility nor liability, for damage, loss, delay or irregularity to person or property in connection with any service advertised herein or by services provided by third parties over which BiographyNOW has no control.
Under all circumstances BiographyNOW (its owners, associates, agents and employees) shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if BiographyNOW 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.
ACCEPTANCE OF BUSINESS MODEL
BiographyNOW is a service company offering its services globally. BiographyNOW has offices located in the United States. BiographyNOW reserves the right to use any of its offices for providing service to its customers. BiographyNOW reserves the right to change this service model at any time.
NATIONAL AND LOCAL LAWS
BiographyNOW controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws, rules and regulations.
This Agreement will be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Indiana, or state courts located in Hamilton County, Indiana. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. BiographyNOW may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of BiographyNOW at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and BiographyNOW regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.