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Introduction
Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Qualex, Inc., a Kodak Company (“Qualex”), in cooperation with Jungle Island, through the Jungle Island web site (the "Photo Site") found at Jungleisland.venuePhotos.com (the "Service"). This Photo Site is separate and distinct from the www.Jungleisland.com web site, which provides different services and products and therefore such site has a different privacy policy and different terms of use. Please refer to the privacy policy and terms of use for such site when using such site or for information on visiting Jungle Island.
By using this Service you agree to be bound by these Terms. Qualex and Jungle Island reserve the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement among you, Jungle Island and Qualex with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Service. If you do not wish to be bound by these Terms, please do not use the Service.
The Service, the Photo Site and Qualex are based in the United States and, as such, the laws of the United States and of the State of New York govern your relationship with Qualex and Jungle Island regarding the use of this Service.
1. Purpose of the Service
Qualex and Jungle Island offer digital photography services that provide the ability to view, share and place orders of the digital images taken at Jungle Island.
2. Accuracy, Completeness and Timeliness of the Information
Regardless of any information presented on this web site, Qualex and Jungle Island reserve the right without prior notice to discontinue the Service or change specifications at any time, without incurring any obligations. This site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Although Qualex and Jungle Island make reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and Qualex and Jungle Island do not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the site.
3. Availability
Qualex uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by Qualex to minimize such disruption where it is within the reasonable control of Qualex. You agree that Qualex and Jungle Island shall not be liable to you for any modification, suspension or discontinuance of the Service.
4. Privacy
Please click on the "Privacy Policy" link at the bottom of this page to review the Privacy Policy (the "Privacy Policy") provided on the Photo Site by Jungle Island.
5. Trademarks
All brand, product and service names used in this Service which identify Qualex, Eastman Kodak Company or its subsidiaries (“Kodak”), Jungle Island or third parties and their products and services are proprietary marks of Qualex, Kodak, Jungle Island, and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Qualex, Kodak, Jungle Island or any third party with respect to any such image, logo or name.
6. Copyright
Qualex is, unless otherwise stated, the owner of all copyright and database rights in the Service. Jungle Island, unless stated otherwise, is the content owners of any photographic material contained on this Photo Site. You may not publish, distribute, extract, re-utilize or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).
7. Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the "Contact Us" link at the bottom of the page.
The notification must include ALL of the following:
a. a physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;
b. a description of the copyrighted work you claim has been infringed;
c. a description of where the material you claim is infringing is located on the site;
d. your name, address, telephone number, email address and all other information reasonably sufficient to permit Qualex [and Jungle Island] to contact you;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qualex and Jungle Island are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
8. Registration
To purchase from or register as a member of the Service you must be 18 years of age or over.
You agree that the information that you provide to Qualex on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which Qualex will communicate with you about your account and your orders.
9. Password
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Qualex immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. Qualex reserves the right to require you to alter your password if Qualex believes that your password is no longer secure.
10. Storage Policy and Photo Availability
Photos taken at Jungle Island and linked to a Photo Claim ID should be available online by the morning after the photos were taken. The photos must be claimed within 30 days from when they were taken. Photos not claimed within such 30 days will no longer be available. Once photos are claimed and associated with a user account, they will be available for viewing, sharing and purchasing for 30 days, after which the photos will be permanently deleted. Qualex and Jungle Island reserve the right to not upload data of any type that might be deemed to be offensive. Qualex and Jungle Island are not responsible for lost or missing photos.
11. Formation of a Binding Contract
When placing your order, Qualex will obtain authorization from your credit card company for the amount of your order. No contract will exist between you and Qualex for the supply of any services or products unless and until Qualex accepts your order. Acceptance of your order shall take place when your credit card is charged which will occur upon shipment of your order. Until then Qualex reserves its right to cancel your order.
12. Product Availability
Receipt of your order does not guarantee that Qualex can supply the selected products to you. All the products on the Photo Site are subject to availability and Qualex must therefore reserve the right to limit quantities of products it supplies, to supply only part of an order or to divide up orders, to alter the availability and duration of, and to terminate at any time, any special offers.
13. Photo Products
Photo products, including items such as coffee mugs and mouse pads, may be available through the Photo Site. The ability to purchase photo products is identified on the Photo Site if available, along with the specific photo products that can be purchased.
Custom content available through the Photo Site in the form of image borders and overlays is not included when creating a photo product.
14. Photo Downloads
Photo download purchases may be available through the Photo Site. The ability to purchase a download is identified on the Photo Site if available.
Photo downloads include all original images linked to one or more Photo Claim IDs that have been claimed by you where the images have not already been deleted by you and have not already expired at the time of the download purchase. Custom content available through the Photo Site, including but not limited to, borders and greeting cards, is not available as part of a download purchase.
After a download is purchased, a download link will be provided to you via email. You may initiate the image download an unlimited number of times via the provided link for 30 days after which time the download link will expire. A text file explaining your limited rights to the images will be provided with the images when they are downloaded.
As part of a download purchase, you may also be offered the option to transfer the same images to KODAK EASYSHARE Gallery. If you are offered this option and select it, the images will be transferred by the Photo Site to the requested Gallery account. You will be notified when your images are available for viewing through the Gallery. Multiple transfer requests to the Gallery may be made by you. The limited rights described in the preceding paragraph also will apply to any images transferred to the Gallery.
All photo download purchases, requests for image transfers to the Gallery, and the downloads themselves can only be initiated through the Photo Site via the user account that originally claimed the images.
15. Pricing and Delivery
All prices are stated in U.S. dollars and are valid until altered by Qualex. Links may be available from time to time on the Photo Site for special offers for selected products. Prices do not include any delivery charges, import duties, or value added taxes that may be added by the order destination country. Any applicable shipping and handling charges and/or US sales tax will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, Qualex will contact you to let you know the correct price and ask you whether you still wish Qualex to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.
16. Return Policy
If for any reason, you are not satisfied with any print or photo product you purchase, simply return it within 30 days of purchase and Qualex will either reprint the original print or photo product at no cost to you or refund the original purchase price. Please click on the "Help" link at the bottom of this page for information regarding returns and refunds. Qualex will refund your credit card or reprint your original print or photo product when your return is received.
Photo download purchases are not refundable.
17. Sharing of Photos Through the Photo Site
You are responsible for naming the persons to share your photos. To share your photos online, you must provide a valid e-mail address for each recipient. Neither Qualex nor Jungle Island are responsible for undeliverable e-mail addresses. Qualex reserves the right to filter text content of the share e-mail subject line and message.
Recipients of share emails will be able to purchase prints of any or all photos included in your account. Recipients are not required to register prior to viewing your pictures.
When you delete a shared photo, it is deleted from all recipient accounts. Recipients can delete their copy of a photo which will only remove it from their account.
18. Photo Captioning
Qualex reserves the right to filter text content of captions you type to describe the photos in your account on the Photo Site.
19. External Links
From time to time Qualex may provide links that will take you to other, third party web sites. These links are provided for your convenience. If you decide to access linked web sites, you do so at your own risk. Neither Qualex nor Jungle Island endorses or takes responsibility for the content on other web sites or the availability of other web sites and you agree that neither Qualex nor Jungle Island is liable for any loss or damage that you may suffer by using other web sites. Different terms and conditions may apply to your use of any linked sites.
20. Conduct
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, email or otherwise transmit or communicate any material that (i)is false, fraudulent, obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, invasive of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable, and (ii) may constitue or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law;
c. to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Qualex, Kodak, and Jungle Island;
d. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
e. to upload, post, email or otherwise transmit any material which is likely to cause harm to Qualex's or Jungle Island's or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
f. to make images hosted by Qualex available for viewing by the general public through a publicly posted link to the image or otherwise;
g. for any commercial purpose other than to permit a recipient with whom you have shared your images to order photographic prints of those images;
h. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes, or any other form of solicitation;
i. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
j. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that you shall not:
k. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
l. provide any information to Qualex that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
m. resell the Service or any portion of the Service.
21. Indemnification
You understand and agree that you are personally responsible for your behavior on the Photo site. You agree to indemnify, defend and hold harmless Qualex and Jungle Island, and their respective parent companies, officers, directors, contractors, suppliers, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of your use, misuse, or inability to use the Photo Site, the Service, or the Content, or any violation by you of these Terms. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption.
22. Customer Feedback
Qualex and Jungle Island do not want to receive confidential or proprietary information from you via the Photo Site. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to Qualex or Jungle Island in connection with the operation or content of this Photo Site shall be considered non-confidential and non-proprietary.
You understand and agree that Qualex or Jungle Island or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for Qualex or Jungle Island or their respective suppliers to obtain, maintain, or exercise its ownership rights.
23. Termination of Membership
Qualex and Jungle Island reserve the right in their sole discretion to terminate your use of the Photo Site and your membership if you violate any of these Terms or if your account has been inactive for more than one year.
24. Applicable Law and Jurisdiction
The Service, the Web Site and Qualex are based in the United States and, as such, this Service has been designed to comply with the laws of the State of New York. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
25. Disclaimer of Warranty and Limitation of Liability
THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY QUALEX AND JUNGLE ISLAND ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. QUALEX AND JUNGLE ISLAND EXPRESSLY DISCLAIM ALL WARRANTIES OR ANY KINDS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.
YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. IN THE EVENT OF ANY MISTAKE BY QUALEX, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, QUALEX WILL REPLACE AND JUNGLE ISLAND WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN POLICY STATED IN THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, QUALEX AND JUNGLE ISLAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE PHOTO SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF QUALEX OR JUNGLE ISLAND 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.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
26. General
Qualex's and/or Jungle Island's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
27. Circumstances Beyond our Reasonable Control
Qualex and Jungle Island are not liable for delays in performance caused by circumstances beyond their reasonable control and will be entitled to an extension of time for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If such circumstances continue for more than 1 month, either party may terminate a contract for the purchase of products without compensation.
28. Miscellaneous
The title and risk of loss for print or photo products purchased by you through the Service passes to you upon our delivery of such products to the Qualex carrier for shipment to you. Qualex may assign its rights and responsibilities hereunder without notice to you. Qualex reserves the specific right to transfer the running of the Service to any other company within the Kodak group of companies. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
29. How to Contact Us
If you have any comments or questions about these Terms and Conditions or the Service please contact us using the "Contact Us" link at the bottom of this page. |