3D Photo Prints Terms & Conditions
Welcome to 3D Photo Prints, powered by Image3D! By using the 3D Photo Prints website (“Site”) and our services (“Services”), you are (a) agreeing to be bound by these Terms and Conditions (“Terms”) and (b) representing that you are at least 13 years old. If you don’t agree with these Terms or if you are younger than 13, do not use the Site or our Services.
I. Retention of Images. If you don’t use the Site for 90 days or more, we will delete your incomplete or un-purchased images. Completed 3D Conversion files are retained for 1-year from your date of purchase for the purposes of reprints and enlargements/reductions. Do not use the Site as the only repository for your Content - always retain copies on your personal system. Unless we obtain your consent to do so, we do not use, share, or sell your images for any purpose other than fulfilling your order (see section V. Copyrights below).
II. Conduct. You agree (a) to use the Site and the Services only for lawful purposes and in compliance with all applicable state, federal, or international laws, regulations, or other government requirements; (b) not to transmit any material that encourages conduct that could constitute a violation of such laws, regulations or requirements; and (c) not to upload any file containing malware, that infringes the intellectual property or other rights of any third party or that is inappropriate in any way.
III. Personal Use Only. You are authorized to use the Site and Services for personal noncommercial purposes only and not for resale to any other person or entity. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site or through our Services.
III. Usage. You are authorized to use the Site and Services provided by Image3D for personal and commercial purposes provided that you (A) Own any Content submitted or otherwise have legal rights to submit the content; (B) Represent and warrant that you own the copyright or have permission to copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell all Content provided to Image3D; (C) Content submitted does not infringe upon intellectual property, patent, trade mark, or copyright of another person or entity; (D) Agree to defend, indemnify, and hold Image3D and its employees harmless of any or claim resulting from the Content.
By submitting Content to Image3D you provide Image3D permission to use, modify, create derivative works from, transmit, and reproduce the Content in order to fulfill you orders. You provide Image3D permission to retain your content for the purposes of re-ordering. Image3D has taken reasonable steps to secure submitted Content, however there is no guarantee of confidentiality or security, and you should exercise proper discretion in deciding the nature of Content submitted.
IV. Trademarks. RetroViewer and Image3D are protected trademarks of Image3D, LLC. All other trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. The configuration and appearance of the viewer device is the View-Master trade dress owned by Mattel, Inc and is under license from Mattel, Inc.
V. Copyrights. You retain the copyright and all other rights in the photographs or other images you upload to the Site, as well in the selection and arrangement thereof. Unless we obtain your consent to do so, we will not use your images or reels for any purpose other than to host your images and fulfill your order(s). All materials contained in this Site (including design, text, graphics, interfaces, and the selection and arrangement thereof) other than those uploaded by users are the copyrighted property of Image3D or third-party suppliers.
V. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Image3D, LLC, designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
4211 SE International Way, Suite D
Milwaukie, Oregon 97222
By Phone: (503) 632-2470
By Email: Info3DPhotoPrints@Image3D.com
VII. Indemnification. You agree to indemnify and hold Image3D, LLC, its parents, subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of your use of the Website or the Services, or anyone else’s use thereof through your account.
VIII. Disclaimer of Warranties. The Site is provided on an “as is” and “as available” basis. Your use of the Site and the Services is at your own risk. To the fullest extent permitted by applicable law, we disclaim any and all representations and warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and no infringement. While we take reasonable precautions against infection of the Site by malware, we cannot guarantee there will be no such infection. Nor can we guarantee that the Services will be provided in a manner that is uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
IX. LIMITATION OF LIABILITY. We will not be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we been advised of the possibility of such damages. You will be solely responsible for any damage to your computer system or loss of data resulting from your use of the Site and/or the Services. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
X. Termination. We may, in our sole discretion, terminate your account, and remove and discard any of your content at any time, without notice, for any reason. We will not be liable to you or any third-party for any termination of your access to the Services. We also reserve the right to modify or discontinue the Services without notice.
XI. Choice of Law. The state and federal courts of Oregon are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms and/or your use of the Site and Services. You consent to personal jurisdiction and venue by the state and federal courts of the State of Oregon.
XII. Entire Agreement. The Terms constitute the entire agreement between you and us governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
XIII. Modification. We reserve the right, at any time, to modify the Terms without prior notice. Modifications are effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes your acceptance of the modifications. Except as provided in this paragraph, this Agreement may not be amended.
XIV. Waiver. Our failure to exercise or enforce any term will not constitute a waiver of such term. If any term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
XVI. Severability. If any provision of the Terms is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such provision will be deemed stricken, and the Terms will be reformed to replace that provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of the Terms shall have the same force and effect as if such provision had never been included.
XVII. Attorney Fees. In the event that any action, suit or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs and disbursements as are deemed reasonable and proper by the appellate court(s).