PhotoIsland Terms of Service Agreement

This PhotoIsland Terms of Service Agreement (the “Agreement”) is an agreement between you and PhotoIsland, Inc ("PhotoIsland"). This PhotoIsland Web site and the products and services offered thereby (the “Service”) is owned and operated by PhotoIsland, Inc. The following terms and conditions apply to your use of our Services. Please read this Agreement carefully before you enter our Web site. In this Agreement, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to PhotoIsland, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

PHOTOGRAPHS AND PRODUCTS

1. You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through PhotoIsland and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
2. You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of PhotoIsland. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without PhotoIsland's prior written consent.
3. While PhotoIsland uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can PhotoIsland ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to support -at- certifiedcustomercare -dot- com with a description of why you would like it removed.

YOUR COPYRIGHTS

1. PhotoIsland respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. PhotoIsland will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers thereof who have licensed to PhotoIsland the right to post them on the Web site and provide the Services offered. PhotoIsland makes no claim of ownership to any images uploaded to our servers by our customers. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through this service, please contact PhotoIsland for notice of claims of copyright infringement at support@certifiedcustomercare.com, or at PhotoIsland, Inc., 1890 Beaver Ridge Circle, Suite A, Norcross Georgia, 30071.

CONTENT

1. Limits
   You may NOT post or obtain any content using the Web site which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. PhotoIsland recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material.
2. Content Monitoring
   While PhotoIsland does not and cannot review all content provided to it, and is not responsible for such content, PhotoIsland reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by PhotoIsland for the purposes of delivering the offered services. All content provided by a user of this service is the sole responsibility of that user, not PhotoIsland.
3. Unauthorized Content
   If you send any image to the Web site which violates any term of this Agreement or any applicable law or regualtion, for example copyrighted or pornographic material, PhotoIsland reserves the right to retain the image and charge your Account the full amount for the Service that you requested.

DISCLAIMERS

1. THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND PhotoIsland MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. PhotoIsland DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PhotoIsland DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT PhotoIsland) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

1. Neither PhotoIsland, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products. You acknowledge that the photographers are independent contractors of PhotoIsland and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to PhotoIsland, for any damages and/or claims whatsoever relating to the photographs or Products.

INDEMNIFICATION

1. In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by PhotoIsland, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold PhotoIsland, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.

OWNERSHIP OF OUR WEB SITE

1. All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by PhotoIsland and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The PhotoIsland logos are trademarks owned by PhotoIsland and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.

THIRD-PARTY SOFTWARE

1. PhotoIsland may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that PhotoIsland does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. PhotoIsland does not offer any warranty on any third-party software you download using the Web site.

LINKED INTERNET SITES

1. PhotoIsland may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that PhotoIsland does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. PhotoIsland does not offer any warranty on any third-party software you download using the Web site.
2. Third Party Links
   Our Web site may provide a link to other sites by allowing the user to leave this Site to access third-party material or by bringing the third-party material into this Web site via “inverse” hyperlinks and framing technology (a “Linked Site”). PhotoIsland has no discretion to alter, update, or control the content on a Linked Site. The fact that PhotoIsland has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and PhotoIsland, urges you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
3. You May Not Create a Link to Our Web site
   PhotoIsland prohibits caching, unauthorized hypertext links to the Web site and the framing of any content available through the Web site. PhotoIsland reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Web site. You may not create a link to our Website without the express written permission of PhotoIsland.

INTERNATIONAL USE

1. PhotoIsland makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

OTHER TERMS

1. These terms shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fulton County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by PhotoIsland regarding the use of the Web site or the use or purchase of the photographs or the Products.