The following terms govern your use of our website and your purchase of our products. By using this site or purchasing the products, you agree to be bound by these terms, which may be changed from time to time.
1. Copyrights:
You agree not to
submit images which violate the right of any 3rd party including
copyright, trademark, privacy or other personal or proprietary rights.
You are responsible for the content of your submissions and agree to
indemnify and hold PhotoShowerCurtain.com and its employees, officers,
directors, representatives and affiliates free and harmless from claims
brought by a 3rd party. Please make sure you have the right to
reproduce your image.
2. Content Restrictions:
You agree
not to submit images which violate our content restrictions. Restricted
content includes anything obscene, offensive, blasphemous,
pornographic, deceptive, threatening, menacing, abusive, harmful, an
invasion of privacy, supportive of unlawful action, defamitory,
libelous, vulgar, violent or otherwise objectionable.
3. Submissions:
All
comments, feedback, testimonials, ideas and any images associated with
them which are disclosed, submitted or offered to us become our
property. Such disclosure shall constitute an assignment to
PhotoShowerCurtain.com of all worldwide rights, titles and interests in
all copyrights and other intellectual properties. Thus,
PhotoShowerCurtain.com will own exclusively all such rights, titles and
interests and shall not be limited in its use of the same, commercial
or otherwise. PhotoShowerCurtain.com has no obligation to respond to,
maintain confidence or provide compensation for customer submissions.
4. Site Contents:
Contents
of the PhotoShowerCurtain.com website are protected by copyrights,
trademarks or other intellectual property protections and are owned,
controlled or licensed by PhotoShowerCurtain.com. No right, title or
interest in this content is transferred to you. By use of this site,
you may not reproduce, publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the contents, the site
or any related software.
5. Custom Product Limitations:
We
provide custom one of a kind products using our customer's images. Due
to the variance in images, fabrics and the production process, your
product will not match the image you submit exactly. We make no
assurances regarding image quality or color accuracy. You agree to
allow us to adjust your image as neccesary and to determine style and
placement of any text. In short, you agree to allow us the creative
license to produce the best product we can.
6. Terms of Sale:
Once
we begin processing your order no cancellations are allowed. Once it is
shipped no returns are allowed unless there are defects in materials or
workmanship. If you have a complaint or a valid reason for return you
must contact us within 7 days of receipt. All sales are final and no
refunds are given.
7. Right of Refusal and Change:
We
reserve the right to refuse part or all of any order for any reason. We
also reserve the right to change our website, policies, prices,
inventory or any aspect of our business at any time without providing
advance notification.
8. Communications:
You agree to
provide and maintain an accurate email address and phone number. Email
is our primary means of communicating with prospects and customers.
Please provide an accurate email address and be sure you can receive
our emails. We are not responsible for lost or misdirected email. If
email is not an option for you, please be sure to provide a phone
number.
9. Returns:
The products we sell are custom one
of a kind items and consequently cannot be returned unless there is a
defect in material or workmanship. No returns are accepted without
previous authorization. Should you have a valid reason for returning
the product you must contact PhotoShowerCurtain.com within 7 days of
receipt. We will issue a Return Merchandise Authorization (RMA) number.
This RMA number must appear on your package or it will be refused and
returned to you. The return carrier is at our discretion unless you are
paying the return freight.
10. Shipping:
Items purchased
from us are sold pursuant to a shipment contract. This means that title
to the goods and risk of loss pass to you upon our delivery to the
carrier. We are not responsible for carrier delays. Your order is
shipped using the carrier of our discretion. You agree to provide an
accurate and complete street address with an accurate suite or
apartment number if applicable. If your order is misdirected or
requires rerouting or redelivery due to our error we will pay the
necesary charges to get it to the correct address. If, however, the
error is yours you will be charged. If an item is damaged in shipping a
claim must be made with the carrier. We will be glad to assist you with
this. Please notify PhotoShowerCurtain.com and the carrier as soon as
possible and not more than 7 days after receipt. Be sure to retain the
packaging in case it needs to be inspected.
THE
PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOSHOWERCURTAIN.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PhotoShowerCurtain.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PhotoShowerCurtain.COM MAKES NO WARRANTY THAT ITS
WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. PhotoShowerCurtain.COM MAKES NO WARRANTY REGARDING
ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY
SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH
THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
12. LIMITATION OF LIABILITY:
TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
SHALL PHOTOSHOWERCURTAIN.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
PhotoShowerCurtain.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE
OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Applicable Law and Jurisdiction:
These
Terms shall be governed by and construed in accordance with the laws of
the State of Alabama. Any disputes arising under or in connection with
these Terms shall be subject to the jurisdiction and venue of the state
and federal courts located in Jefferson County, Alabama.


