Terms of Service
You and ProImageExperts
Your Agreement with Contractor
Your use of the Contractors Products and Services (as defined in section 2 Contractors Products and Services) is governed by a legal agreement between you and the Contractor. This document describes that agreement and defines some of its terms.
The agreement between you and Contractor contains terms that are set forth herein and are always included. These are referred to as "Basic Terms".
In addition, there may be other terms that are based on your specific relationship with Contractor and are defined within that specific relationship. These are referred to as "Specific Use Terms".
Taken together, the "Basic Terms" and "Specific Use Terms" are referred to as the "Terms of Use" or "Terms".
In case of a conflict between "Basic Terms" and "Specific Use Terms", the "Specific Use Terms" will apply
Acceptance of Terms of Use
In order to use the Contractors Products and Services, you must accept these Terms of Use. If you are unwilling to do so, you must exit this site now. Failure to do so will constitute acceptance of these Terms.
Use of the Contractors Products and Services including, but not limited to, accessing the Contractors website, constitutes acceptance of this agreement.
Language of the Terms of Use
The language of this agreement is English.
Any requests, inquiries, communications or complaints filed in connection with this document must be done in English.
It is your responsibility to provide any and all translations needed in connection with your understanding of this document. The Contractor bears no responsibility for the accuracy of any such translation.
The Contractors Products and Services
The Contractor owns and operates its web site in order to provide products and services to its customers to support their business with their customers. The Contractor's customers are primarily studios and photographers that shoot events.
The Contractor will, at its sole discretion, decide which Products and Services will be offered, how they will be delivered and what their specific features will be.
Changes to Products and Services
The Contractors products and services, including any software delivered or used in conjunction therewith, may change from time to time without notice.
- The removal or modification of previously offered products and services, and/or their features
- The addition of new features to previously offered products and services
- The addition of new products and services
Certain Products and Services are quantity based that currently require minimums and/or set maximums for those quantities. These include, but are not limited to, minimum number of images for image selection services, minimum number of images for proof print orders, and minimum products and service orders required to receive certain defined discounts.
Products and Services may not be reproduced in any form without express written consent from the Contractor and/or the product and/or service owner.
You agree to pay for the Contractors Products and Services. Payment will include a reasonable charge for preparing the packing for shipping and for shipping. The Contractor will collect and remit sales tax, as appropriate.
Products and Services will become your risk when the Contractor passes them to the shipping carrier. The Contractor will, where possible, provide you with a tracking number for your shipment.
Your Use of the Contractors Products and Services
Your Information
You have an unlimited, non-exclusive, non-assignable, non-transferable right to use the Contractors Products and Services in accordance with specific product or service specification(s) and these Terms.
You understand that the Contractor requests this information to facilitate your order and that the accuracy of the information that you provide is important.
Your Access to the Contractors Products and Services
You may not copy, modify, de-code or reverse engineer our Products and Services, including our web site.
Proprietary Information
You recognize that some of the information you access is proprietary to the Contractor and that you will treat it as such, including maintaining confidentiality where so indicated.
Nothing in your use of the Contractors Products and Services transfers or otherwise modifies the ownership of or rights to any content that you post, access and/or allow others to post and/or access on the Contractors web site.
Studio Conduct
The Contractor reserves the right to refuse orders and to terminate accounts of customers involved in any of the following activities:
- Ordering products or services for images which you do not have the legal rights to.
- Providing false or misleading information or providing information you do not have the right to disclose.
- Transmitting any images or materials which are unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, or otherwise objectionable.
- Transmitting materials containing software viruses or malicious programs designed to interrupt, destroy or limit the functionality of any computer system.
- Attacking or interfering with (or attempting to do so) the Contractors website, servers, networks or equipment connected to this site.
Other Basic Terms
Termination
You may terminate your relationship with the Contractor at any time by notifying the Contractor in writing of your desire to do so.
The Contractor may terminate this agreement at any time if:
- You have breached its terms, or have indicated that you no longer intend to comply with them
- The Contractor is, for whatever reason, unable to deliver its products and services to you
- The Contractor determines that delivering its products and services to you is no longer in its best interest
Exclusion of warranty
Nothing in these terms shall exclude or limit the contractors warranty or liability for losses that applicable law does not allow to be excluded or limited.
You expressly understand and agree that your use of the contractors products and services, including the web site, is at your sole risk and that the contractors products and services are provided "as is" and "as available".
The contractor does not represent or warrant to you that:
- Your use of the products and services will be uninterrupted, efficient, secure or free from error
- The contractors products and services will meet your requirements
- That defects in any software provided as part of the products and services will be corrected
- Any information obtained by you as a result of your use of the products and services will be accurate or reliable
Limitation of liability
The Contractor shall not be liable to you for:
Any damages that may be incurred by you, however caused. This shall include, but not be limited to, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other tangible or intangible loss
Copyright, Other Infringements & Other Notifications
The Contractor will respond to reports of copyright and other infringements. Please send an email to the email address on their website.
The Contractor will also review for appropriateness any content for which such a request is submitted.
Information on Linked Sites
The Contractor provides you with information on its various business partners and others that may offer products and services that are of interest to you.
You understand that the Contractor has no control over the information offered by its partners.
You agree that the Contractor has no responsibility for your use of any products or services for which information was obtained either directly from or via a link provided on the Contractors web site.
We're Not Happy Until You Are Happy
Quality Products and Services Guaranteed
The Contractor understands that the quality of our Products and Services is important to you.
The Contractor will make reasonable effort to ensure that you are satisfied with the quality of the Contractors Products and Services that you use.
In order to ensure your satisfaction with the quality of our Products and Services, the Contractor will, at its sole discretion and to the best of its ability, provide again the Contractors product or service with which you are not satisfied, or provide you with a refund.
Products Damaged by Shipping and Handling
You understand that the delivery of the Contractors Products and Services requires a process of packaging by the Contractor and shipment to you via a third-party carrier.
The Contractor makes a reasonable effort to ensure that our Products and Services are delivered to you undamaged.
The Contractor will replace our Products and Services that are damaged during shipping and handling, at no charge to you, in accordance with the following procedures:
- Where possible, refuse to accept delivery of items that are obviously damaged.
- Contact our customer service upon receipt of the damaged delivery.
Billings and Payments
The Contractors Billings and Payments Are Done Electronically
The Contractor wants to make the billing and payment process as straightforward as possible for all parties.
Billings to You from the Contractor
Any time you owe the Contractor for products and services that you purchase, you will be asked to present a valid credit or debit card for payment through our PayPal account.
The Contractor allows you make payments through PayPal either through an established account or signing in as a guest.
Refunds and Other Payments from the Contractor
The Contractor makes every effort to process refunds using the same payment system that was used for the original transaction.
The Contractor reserves the right to use alternative payment systems to process refunds and other payments when the Contractor determines such alternate method to be more appropriate.