Terms Of Use

Terms of Use (“Terms”)

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the web site, the mobile application, the service, or any applications (collectively, the “Service”) developed by, or made available by, LifePrint Products, Inc.  (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms.  If you disagree with any part of the terms, then you do not have permission to access, perform, display or use the Service.

As a user of the mobile application you are granted a non-exclusive, worldwide, and perpetual license to perform, display, and use the Service on your device; provided that you comply with these Terms and our Privacy Policy.

ARBITRATION NOTICE:  EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LIFEPRINT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, data, text, files, images, graphics, videos, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or material (“Content”).  You are responsible for the Content that you post on or through the Service, including its legality, reliability and appropriateness.

By posting Content on or through the Service, you represent and warrant that:  (a) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms; and (b) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  We reserve the right to terminate the account of anyone found to be infringing on a copyright.  

You retain any and all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights.  We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service.  However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service.  You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

LifePrint encourages you to maintain your own backup of your Content.  In other words, LifePrint is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage.  LifePrint will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.  You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

LifePrint has the right but not the obligation to monitor and edit all Content provided by users.  We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.  Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your LifePrint device, computer and/or account.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.  You may not use as a username any name that is offensive, vulgar or obscene.

By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.  However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.  You can deactivate your LifePrint account by logging into the Service and completing the deactivation form provided.  If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, videos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your Content), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Advertising and Promotions

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that LifePrint may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by LifePrint.  LifePrint has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services.  We do not warrant the offerings of any of these entities/individuals or their web sites.  We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

You acknowledge and agree that LifePrint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

Interaction with Third Parties

You are solely responsible for your interaction with other users of the Service, whether online or offline.  You agree that LifePrint is not responsible or liable for the conduct of any user.  LifePrint reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.  Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.  

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.  You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party web site or service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile.  By using such Applications, you acknowledge and agree to the following:  (a) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (b) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if LifePrint has not itself provided such information; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (d) your use of an Application is at your own option and risk, and you will hold LifePrint and its licensees and licensors harmless for activity related to the Application.

General Conditions

  1. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  1. You agree that you will not solicit, collect or use the login credentials of other LifePrint users.
  2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  1. You may not use the Service for any illegal or unauthorized purpose.  You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.  
  1. You must not change, modify, adapt or alter the Service or change, modify or alter another web site so as to falsely imply that it is associated with the Service or LifePrint.
  1. You must not access LifePrint’s private API by means other than those permitted by LifePrint.  Use of LifePrint’s API is subject to a separate set of terms.
  1. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any LifePrint users.
  2. You must not use domain names or web URLs in your username without prior written consent from LifePrint.
  1. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.  You may not inject content or code or otherwise alter or interfere with the way any LifePrint page is rendered or displayed in a user’s browser or device.  
  1. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.  
  1. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other LifePrint terms.  

Purchases

Purchases may be made from our web site, whether directly or through your mobile application that will lead you to our web site. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases.  By submitting your information, you grant us the right to provide the information to these third parties, subject to the terms and conditions of our Privacy Policy.

Subscriptions

Some parts of the Premium Service are billed on a subscription basis (“Subscription(s)”).  You will be billed in advance on a recurring and periodic basis for Premium Services (“Billing Cycle”).  Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or LifePrint cancels it.  You may cancel your Subscription renewal either through your online account management page or by contacting LifePrint customer support team.  If you cancel, then you will lose your Premium features.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription.  You shall provide LifePrint with accurate and complete billing information including full name, address, state, zip code and telephone number.  By submitting such payment information, you automatically authorize LifePrint to charge all current, and, as applicable, future Subscription fees incurred through your account to any such payment instruments.

Should automatic payment processing fail for any reason, LifePrint will issue an electronic invoice indicating that you must proceed manually within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Fee Changes

LifePrint, in its sole discretion and at any time, may modify the Subscription fees for Premium Subscriptions.  Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

LifePrint will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of LifePrint and its licensors.  The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.  Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of LifePrint.  

In addition, Content found on or through this Service (“LifePrint Content”) is the property of LifePrint or used solely with the permission of LifePrint.  You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.  All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of LifePrint, and may not be copied imitated or used, in whole or in part, without prior written permission from LifePrint.  

Copyright Policy

We respect the intellectual property rights of others.  It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@LifePrintPhotos.com, with the subject line:  “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims of the infringement of any Content found on and/or through the Service.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Randolph G. McCalla, 987 University Avenue, Suite 20, Los Gatos, CA 95032 (our “Designated Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

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;

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 the copyright owner’s behalf.

Notices and counter-notices with respect to the DMCA should be sent to our Designated Agent.  We suggest that you consult your legal advisor before filing a notice or counter-notice.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service.  We may experience delays in updating information on the Service and in our advertising on other web sites.  The information found on the Service may contain errors or inaccuracies and may not be complete or current.  Products or services may be mispriced, described inaccurately or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Indemnification

You and also any third party for whom you operate an account or activity on the Service agree to defend, indemnify and hold harmless LifePrint and its licensees and licensors, and each of their respective employees, contractors, agents, officers and directors, (including as a result of your direct activities on the Service or those conducted on your behalf) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Service.

Limitation of Liability

IN NO EVENT SHALL LIFEPRINT, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

LIFEPRINT ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LIFEPRINT OR VIA THE SERVICE; OR (F) THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.  

Arbitration

Any dispute arising from or relating to this Terms will be finally settled by individual arbitration in Santa Clara County, California, in accordance with the Arbitration Rule’s and Procedures of Judicial Arbitration and Medication Services, Inc.  (“JAMS”) then in effect.  You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if LifePrint is a party to the proceeding.  This dispute resolution provision will be governed by the Federal Arbitration Act.  In the event the JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either LifePrint or you can elect to have the arbitration administered instead by the American Arbitration Association.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

You may opt out of this agreement to arbitrate.  If you do so, neither you nor LifePrint can require the other to participate in an arbitration proceeding.  To opt out, you must notify LifePrint in writing within 30 days of the date that you first became subject to this arbitration provision.  You must use this address to opt out:  Randolph G. McCalla, 987 University Avenue, Suite 20, Los Gatos, CA 95032.

You must include your name and residence address, the email address you use for your LifePrint account, and a clear statement that you want to opt out of this arbitration agreement.

For any action at law or in equity relating to the arbitration provision, or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with LifePrint exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes.  

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect.  What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.  If you do not agree to the new terms, you are no longer authorized to use the Service.

Entire Agreement / Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions of these Terms will remain in effect.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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