Dolphin Quest Photos
Terms and Conditions
Last updated November 12,
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 Inc. (“KODAK ALARIS"), in cooperation with Dolphin Quest (“DQ”), through
the Dolphin Quest Photos web site found at www.dolphinquest.com/myphotos (the
"Photo Site"). This Photo Site is separate and distinct from the
www.dolphinquest.com web site, which provides different services and
products. Therefore, the use of the www.dolphinquest.com/photos web site
when using that site or to obtain information on visiting Dolphin Quest.
this Service, you agree to be bound by these Terms. KODAK ALARIS and DQ 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, DQ and KODAK ALARIS with respect to the subject matter hereof and
supersede all other communications, written or oral, with regard to the
If you do not wish to be
bound by these Terms, please do not use the Service.
of the Service
KODAK ALARIS and DQ offer 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 Dolphin
Quest (the “Service”).
Completeness and Timeliness of the Information
Regardless of any
information presented on the Photo Site, KODAK ALARIS and DQ 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
KODAK ALARIS and DQ make reasonable efforts to ensure that all material on the Photo
Site is correct, accuracy and integrity cannot be guaranteed, and KODAK ALARIS and DQ do
not assume any responsibility or obligation for the accuracy, completeness or
authenticity of material on the Photo Site.
KODAK ALARIS 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
KODAK ALARIS to minimize such disruption where it is within the reasonable control of
KODAK ALARIS. You agree that KODAK ALARIS and DQ shall not be liable to you for any
modification, suspension or discontinuance of the Service.
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You 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 applicable law.
KODAK ALARIS is, unless otherwise
stated, the owner of all copyright and database rights in the Service. DQ,
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).
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
notification must include ALL of the following:
physical or electronic signature of the copyright owner or the person
authorized to act on the owner’s behalf;
description of the copyrighted work you claim has been infringed;
description of where the material you claim is infringing is located on the
name, address, telephone number, email address and all other information
reasonably sufficient to permit KODAK ALARIS and DQ to contact you;
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
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.
KODAK ALARIS and
DQ 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.
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 KODAK ALARIS 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 KODAK ALARIS will communicate with you about your
account and your orders.
When 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 KODAK ALARIS immediately of any
unauthorized use of your password or if you believe that your password is no
longer confidential. KODAK ALARIS reserves the right to require you to alter your
password if KODAK ALARIS believes that your password is no longer secure.
10. Storage Policy and Photo
Photos taken at Dolphin
Quest and uploaded by KODAK ALARIS or Dolphin Quest 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 ninety (90)
days, after which the photos will be permanently deleted. KODAK ALARIS and DQ reserve
the right to not upload content of any type that, in KODAK ALARIS’s sole discretion,
might be deemed offensive. KODAK ALARIS and DQ are not responsible for lost or missing
of a Binding Contract
When placing your order,
KODAK ALARIS will obtain authorization from your credit card company for the amount of
your order. No contract will exist between you and KODAK ALARIS for the supply of any
services or products unless and until KODAK ALARIS 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, KODAK ALARIS reserves
its right to cancel your order.
Receipt of your order does
not guarantee that KODAK ALARIS can supply the selected products to you. All the products
on the Photo Site are subject to availability and KODAK ALARIS 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 offers.
Photo 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 KODAK ALARIS or DQ 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
After 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.
You may also download
individual images directly to your mobile device or computer.
All prices are stated in
U.S. dollars and are valid until altered by KODAK ALARIS. 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, KODAK ALARIS will contact you to let you know the correct price
and ask you whether you still wish KODAK ALARIS to fulfill your order at the correct
price. Any dates specified for delivery of any products are intended to be an
If 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 KODAK ALARIS 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. KODAK ALARIS will issue a refund to your credit
card or reprint your original print or photo product when your return is
Photo download purchases
are not refundable.
and Social Network Posting 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 KODAK ALARIS nor DQ is
responsible for undeliverable e-mail addresses. KODAK ALARIS 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.
Posting 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.
From time to time KODAK ALARIS 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 KODAK ALARIS nor DQ endorses or takes responsibility for
the content on other web sites or the availability of other web sites and you
agree that neither KODAK ALARIS nor DQ 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.
You 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.
You understand and agree
that you are personally responsible for your behavior on the Photo Site. You
agree to indemnify, defend and hold harmless KODAK ALARIS and DQ, 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.
KODAK ALARIS and DQ 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 KODAK ALARIS or DQ in connection with
the operation or content of this Photo Site shall be considered
non-confidential and non-proprietary.
You understand and agree
that KODAK ALARIS or DQ 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 KODAK ALARIS or DQ or
their respective suppliers to obtain, maintain, or exercise its ownership
KODAK ALARIS and DQ 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.
Law and Jurisdiction
The Service, the Photo Site
and KODAK ALARIS 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.
of Warranty and Limitation of Liability
THE SERVICE, THE PHOTO
SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY KODAK ALARIS
AND DQ ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES
WHATSOEVER. KODAK ALARIS AND DQ 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.
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 KODAK ALARIS, SUCH AS SHIPMENT OF
AN INCORRECT OR DEFECTIVE PRODUCT, KODAK ALARIS WILL REPLACE AND KODAK ALARIS AND DQ 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, KODAK ALARIS
AND DQ 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 KODAK ALARIS OR DQ 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.
beyond our Reasonable Control
KODAK ALARIS and DQ 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.
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 carrier for shipment to you. KODAK ALARIS may
assign its rights and responsibilities hereunder without notice to you. KODAK ALARIS
reserves the specific right to transfer the running of the Service to a third
party. KODAK ALARIS's and/or DQ’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 in effect.
26. How to
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.
© Copyright 2015-2018 Kodak Alaris Inc. All Rights Reserved.