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jSparks Photography is operated by PhocusGallery, LLC (hereinafter "jSparks Photography") for itself and its customers, subsidiaries and affiliates, as applicable.
The jSparks Photography Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the jSparks Photography Web site constitutes your agreement to all such terms, conditions, and notices.
jSparks Photography reserves the right to change the terms, conditions, and notices under which the jSparks Photography Web site is offered, including but not limited to the charges associated with the use of the jSparks Photography Web site.
The jSparks Photography Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of jSparks Photography and jSparks Photography is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. jSparks Photography is not responsible for webcasting or any other form of transmission received from any Linked Site. jSparks Photography is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by jSparks Photography of the site or any association with its operators. By viewing, visiting, using, or interacting with this Web site or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this terms of use policy and the privacy policy of this jSparks Photography.
As a condition of your use of the jSparks Photography Web site, you warrant to jSparks Photography that you will not use the jSparks Photography Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the jSparks Photography Web site in any manner which could damage, disable, overburden, or impair the jSparks Photography Web site or interfere with any other party's use and enjoyment of the jSparks Photography Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the jSparks Photography Web sites.
The jSparks Photography Web site may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
jSparks Photography has no obligation to monitor the Communication Services. However, jSparks Photography reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion without cause or reason. jSparks Photography reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
jSparks Photography reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of jSparks Photography.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. jSparks Photography does not control or endorse the content, messages or information found in any Communication Service and, therefore, jSparks Photography specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized jSparks Photography or jSparks Photography spokespersons, and their views do not necessarily reflect those of jSparks Photography.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
jSparks Photography does not claim ownership of the materials you provide to jSparks Photography (including feedback and suggestions) or post, upload, input or submit to any jSparks Photography Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting jSparks Photography its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. jSparks Photography is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the sole discretion of jSparks Photography.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
jSparks Photography reserves the right, in its sole discretion, to terminate your access to the jSparks Photography Web site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the jSparks Photography Web site. Use of the jSparks Photography Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and jSparks Photography as a result of this agreement or use of the jSparks Photography Web site. jSparks Photography’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of jSparks Photography's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the jSparks Photography Web site or information provided to or gathered by jSparks Photography with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and jSparks Photography with respect to the jSparks Photography Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and jSparks Photography with respect to the jSparks Photography Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.
All contents of the jSparks Photography Web site are: © 2007-2008 PhocusGallery, LLC. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.
jSparks Photography products and orders placed at jSparks Photography cannot be shipped to Post Office boxes or U.S. Military post office boxes.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE jSparks Photography WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. jSparks Photography AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE jSparks Photography WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE jSparks Photography WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
jSparks Photography AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE jSparks Photography WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. jSparks Photography AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL jSparks Photography AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE jSparks Photography WEB SITE, WITH THE DELAY OR INABILITY TO USE THE jSparks Photography WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE jSparks Photography WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE jSparks Photography WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF jSparks Photography OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE jSparks Photography WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE jSparks Photography WEB SITE.
BY USING THE jSparks Photography WEB SITE, YOU EXPRESSLY AGREE THAT USE OF THE jSparks Photography WEB SITE IS AT YOUR SOLE RISK. THE jSparks Photography WEB SITE IS PROVIDED AS AN “AS IS” AND “AS AVAILABLE” BASIS. jSparks Photography NOR ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) WARRANT THAT USE OF THE jSparks Photography WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER jSparks Photography NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE jSparks Photography WEB SITE NOR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE jSparks Photography WEB SITE. FURTHER, jSparks Photography MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE jSparks Photography WEB SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES.
UNDER NO CIRCUMSTANCES SHALL jSparks Photography OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE jSparks Photography WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE jSparks Photography WEB SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF jSparks Photography HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE jSparks Photography WEB SITE.
Payment for orders placed at jSparks Photography is collected immediately at the time the credit card is processed, which is the final step of the jSparks Photography secure checkout process.
Most orders are shipped from jSparks Photography within 5-7 days from the time the order was placed. "Print Only" orders are usually shipped within 2-3 business days from the time the order was placed. In some cases, especially large and commercial orders, more time may be required. Actual shipping times will depend on the availability of materials, your geographical location and weather conditions when your order is ready to be shipped.
All prints from jSparks Photography are created from a "lab corrected" digital file to ensure the best, most vibrant color reproduction possible. However, due to the wide variety of computer screens,
screen resolutions, color settings and viewing conditions the prints you receive may vary in color, and possibly cropping, when compared to the images viewed on your screen at www.jSparks Photography. This is
completely beyond our control, and to illustrate the point further, jSparks Photography images may also look different from screen to screen and computer to computer. We gurantee that the color prints you receive
from jSparks Photography will be vibrant and accurate to the original digital file and a professionally color calibrated monitor, or we will reprint and replace your print free of charge.
Due to the custom nature of the products sold by jSparks Photography, all sales at jSparks Photography are final. jSparks Photography does not offer refunds or exchanges. In the event of damaged or defective products we will work with our customers to deliver the product they ordered in the condition they expected, but we will not make any exceptions to the "All Sales Are Final" and "No Refunds or Exchanges" policies. Please be sure you are ordering the product you want when you confirm and finalize your jSparks Photography order.
Purchasing an image from jSparks Photography gives you the right to display the image. You can also give the image to someone as a gift and transfer the right to display the image to that person. You can display the image anywhere you like, including in a commercial or business setting, so long as the image is not sold for profit and is not modified in any way. jSparks Photography explicitly forbids the modification of images, resale of images for profit and the use of images in an inflammatory, derogatory or pornographic manner. jSparks Photography investigates illegal and improper use of jSparks Photography images and prosecutes to the full extent of the law where applicable.
Due do the variety of locations and methods for displaying jSparks Photography products, jSparks Photography does not offer any warranty of any kind for products purchased from jSparks Photography. If our products are exposed to moisture, subjected to intense direct lighting (even with UV protected glass) or exposed to severe/dramatic temperature changes they will eventually become damaged.
jSparks Photography images are offered in high-quality aluminum frames. jSparks Photography does not manufacture the frames and therefore does not offer any warranty on frames purchased from jSparks Photography. Any warranty available on frames purchased from jSparks Photography is offered by the frame manufacturer and all warranty questions or claims should be directed to the manufacturer.
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