Terms and Conditions
Last updated November 1,
Please read these terms
and conditions (the "Terms") carefully as they contain the legal
terms and conditions that you agree to when you use the Service (as defined
below) provided to you by Kodak Alaris EIS Inc. (“EIS”), in cooperation with The Incredible Christmas Place
(“ICP”), through the Christmas Place web site found
at http://venuephotossiteurl (the "Photo Site"). This Photo Site is
separate and distinct from the http://www.christmasplace.com/ web site, which provides different
services and products. Therefore, the
policy for http://www.christmasplace.com/ web site when using that site or to obtain information
on visiting Incredible Christmas Place.
By using this Service, you agree to be bound by these Terms. EIS
and ICP 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, ICP
and EIS 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.
1. Purpose of the Service
and ICPoffer digital photography services that
provide the ability to access and use the Site to view, share, download and
place orders of the digital images taken at The Incredible Christmas Place (the “Service”).
2. Accuracy, Completeness and Timeliness of the
of any information presented on the Photo Site, EIS and ICP
reserve the right without prior notice to discontinue the Service, without
incurring any obligations. The Photo Site should not be relied upon or used as
the sole basis for making significant decisions without consulting primary or
more accurate, complete or timely sources of information. Although EIS and ICP make
reasonable efforts to ensure that all material on the Photo Site is correct,
accuracy and integrity cannot be guaranteed, and EIS and ICP
do not assume any responsibility or obligation for the accuracy, completeness
or authenticity of material on the Photo Site.
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 EIS to minimize such disruption where it is within the
reasonable control of EIS. You agree that EIS and ICP shall not
be liable to you for any modification, suspension or discontinuance of the
to see the Photo Site’s
are prohibited from using any of the marks or logos appearing throughout the
Photo Site without permission from the trademark owner, except as permitted by
is, unless otherwise stated, the owner of all copyright and database rights in
the Service. ICP, unless stated otherwise, is the
owner 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
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 Photo Site;
d. your name, address, telephone number, email
address and all other information reasonably sufficient to permit EIS and ICP
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.
EIS and ICP are
under no obligation to post, forward, transmit, distribute or otherwise provide
any material available on this Photo Site, including material you provide to
us, and so we have an absolute right to remove any material from the Photo Site
in our sole discretion at any time.
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 EIS 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 EIS will
communicate with you about your account and your orders.
you register as a member you will be asked to provide a password. You are
responsible for all activities that occur under your username or password. Thus,
you should keep your username and password confidential. You must notify EIS
immediately of any unauthorized use of your password or if you believe that
your password is no longer confidential. EIS reserves the right to require you
to alter your password if EIS believes that your password is no longer secure.
10. Storage Policy and Photo Availability
taken at Venue Name and uploaded by EIS or Venue Name to the Photo Site should
be available online the morning after the day the photos were taken. The photos
must be claimed within thirty (30) days from the date they were taken. Photos
not claimed within thirty (30) days will no longer be available to be viewed or
Once photos are claimed and associated with a user account, they will be
available for viewing, sharing, downloading and purchasing for thirty (30)
days, after which the photos will be permanently deleted. EIS and ICP
reserve the right to not upload content of any type that, in EIS’s sole
discretion, might be deemed offensive. EIS and ICP are
not responsible for lost or missing photos.
11. Formation of a Binding Contract
placing your order, EIS will obtain authorization from your credit card company
for the amount of your order. No contract will exist between you and EIS for
the supply of any services or products unless and until EIS accepts your order.
Acceptance of your order shall take place when your credit card is charged
which will occur upon placement of your order. Until your credit card is
charged, EIS reserves its right to cancel your order.
12. Product Availability
of your order does not guarantee that EIS can supply the selected products to you.
All the products on the Photo Site are subject to availability and EIS must
therefore reserve the right to (a) limit quantities of products it
supplies, (b) supply only part of an order or to divide up orders, or (c) alter
the availability and duration of, and to terminate at any time, any special
13. Photo Downloads
download purchases may be made available through the Photo Site. Whether or not the Photo Site offers the
ability to purchase a photo download will be identified on the Photo Site. Photo downloads include all images uploaded by
EIS or ICP to the Photo Site 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, image borders and overlays, may be
available as part of a download purchase.
a download of all your images 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 thirty (30) days after which time the download link
will automatically expire. A text file explaining your limited rights to the
images will be provided with the images when they are downloaded.
may also download individual images directly to your mobile device or
14. Pricing and Delivery
prices are stated in U.S. dollars and are valid until altered by EIS. Links may
be available from time to time on the Photo Site for special offers for
selected products. Prices do not include 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 U.S. 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, EIS will
contact you to let you know the correct price and ask you whether you still
wish EIS to fulfill your order at the correct price. Any dates specified for
delivery of any products are intended to be an estimate only.
15. Return Policy
for any reason, you are not satisfied with any print or photo product you
purchase, simply return it within thirty (30) days from date of purchase and EIS
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. EIS will issue
a refund to your credit card or reprint your original print or photo product
when your return is received.
download purchases are not refundable.
16. Sharing and Social Network Posting of Photos
Through the Photo Site
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 EIS nor ICP
is responsible for undeliverable e-mail addresses. EIS reserves the right to filter
the text content of the share e-mail subject line and message. 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.
of photos to social networks, including but not limited to FACEBOOK, may be
available through the Photo Site. The
ability to post photos will be identified on the Photo Site, if available,
along with the applicable social network options.
17. External Links
time to time EIS may provide links that will take you to 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 EIS nor ICP
endorses or takes responsibility for the content on other web sites or the
availability of other web sites and you agree that neither EIS nor ICP
is liable for any loss or damage that you may suffer by using other web sites. These terms do not govern your use of a
third-party web site and different terms and conditions will apply to your use
of any linked sites.
18. User Conduct
agree to use the Photo Site only for lawful purposes. You agree not to take any action that might
compromise the security of the Photo Site, render the Photo Site inaccessible
to others or otherwise cause damage to the Photo Site. You agree not to use the Photo Site in any
manner that might interfere with the rights of third parties.
understand and agree that you are personally responsible for your behavior on
the Photo Site. You agree to indemnify, defend and hold harmless EIS and ICP,
and their respective parent companies, subsidiaries, 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 attorneys’ fees and court
costs, arising or resulting from that disruption.
20. Customer Feedback
and ICP 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 EIS or ICP in connection with the
operation or content of this Photo Site shall be considered non-confidential
understand and agree that EIS or ICP 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 EIS or ICP
or their respective suppliers to obtain, maintain, or exercise its ownership
21. Termination of Membership
and ICP 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.
22. Applicable Law and Jurisdiction
Service, the Photo Site and EIS 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.
23. Disclaimer of Warranty and Limitation of
SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE
PROVIDED BY EIS AND ICP ON AN "AS IS" AND
“AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. EIS AND ICP
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, 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 SERVICE 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.
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 EIS, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, EIS WILL REPLACE
AND EIS AND ICP WILL BE LIABLE ONLY TO THE EXTENT OF
THE RETURN POLICY STATED IN THESE TERMS.
AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED
BY LAW, EIS AND ICP 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 EIS OR ICP
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.
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.
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
24. Circumstances Beyond our Reasonable Control
and ICP 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 one month, either party may terminate a contract for the purchase of
products without compensation.
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 carrier for
shipment to you. EIS may assign its rights and responsibilities hereunder
without notice to you. EIS reserves the specific right to transfer the running
of the Service to a third party. EIS's and/or ICP’s
failure to enforce any right or provision in these Terms shall not constitute a
waiver of such right or provision. 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
26. How to Contact Us
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.
© Copyright 2007-2014 Kodak
Alaris EIS Inc. All Rights Reserved.