MODERN COLOR PHOTOGRAPHY
Modern Color Terms & Conditions
Please read these terms and conditions carefully before using this website. Your use of this website confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this website.
Wix, Inc. operates this web site pursuant to agreements with Modern Color Group. Modern Color and Wix are hereinafter referred to as "we" or "us." These website standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this web page, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “website”). These terms apply in full force and effect to your use of this website and by using this website, you expressly accept all terms and conditions contained herein in full. You must not use this website, if you have any objection to any of these website standard terms and conditions.
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this web site are either the property of, or used with permission by Wix and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this web site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
This website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this website if you are a minor.
Accuracy of Information
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this website, under these terms, Modern Color and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
1. publishing any website material in any media;
2. selling, sub-licensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any website material;
4. using this website in any way that is, or may be, damaging to this website;
5. using this website in any way that impacts user access to this website;
6. using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this website are restricted from access by you and Modern Color may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality of such information.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
In these website standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this website. with respect to your content, by displaying it, you grant [Modern Color] a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Modern Color reserves the right to remove any of your content from this website at any time, and for any reason, without notice.
This Website is provided “as is,” with all faults, and Modern Color makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you..
Limitation of Liability
In no event shall Modern Color, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.
You hereby indemnify to the fullest extent Modern Color from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceable or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Modern Color is permitted to revise these terms at any time as it sees fit, and by using this Website you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this website.
Modern Color shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms.
These terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between Modern Color and you in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of South Carolina, and you submit to the non-exclusive jurisdiction of the state and federal courts located in South Carolina for the resolution of any disputes.
Products, Content, and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as "Consumers" in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this web site.
In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
In no event will we, our respective officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners nor any party involved in the creation, production or transmission of this web site be liable to any party for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained at any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third-party owner.
Your use of this web site is at your risk. The materials and services provided in connection with this web site are provided "As is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of the materials or services on or through this web site. The materials and services on or through this web site may be out of date, and neither we nor any of their affiliates make any commitment or assumes any duty to update such materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
You or we may suspend or terminate your account or your use of this web site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this web site at any time without notice. Additional assistance, If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at email@example.com.
Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.