Terms of Service

Introduction
Welcome to the SundanceImaging.net digital print service, provided to you by Sundance Photo Inc. (Herein known as Sundance). These Terms of Service govern your use of Sundance's service. Your use of Sundance's service constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.

Privacy
Sundance has a firm commitment to safeguarding your privacy. Please review Sundance's privacy policy. The terms of Sundance's privacy policy are considered part of these Terms of Service.

Your Conduct
You are responsible for all of the images you upload or copy using Sundance's service. You must have the legal right to display each image that you upload and print. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be uploaded or copied using this service.
In addition, the actions further described below, will constitute grounds for blocking your access to our service and/or non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:

• Upload, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
  
  
• Upload, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
  
  
• Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  
  
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
  
  
• Upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
  
  
• Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
  
  
• Provide any information to Sundance that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
  

Sundance reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, Sundance reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Sundance or others.

Trademark and Copyright
Sundance and all related graphics, logos and service names are trademarks of Sundance Photo Inc. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

No Monitoring of Content
All content provided by a user of this service is the sole responsibility of that user, not Sundance Photo Inc.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY SUNDANCE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNDANCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF FILM OR ANY DIGITAL IMAGE TO SUNDANCE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH SUNDANCE'S SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR FILM OR IMAGE, ANY LOSS OF YOUR FILM OR IMAGE AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITIAL IMAGES. IN THE EVENT OF ANY MISTAKE BY SUNDANCE, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, SUNDANCE WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURN POLICY.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SUNDANCE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF SUNDANCE'S SERVICE OR SITE, EVEN IF SUNDANCE 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.

General Terms
All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Wisconsin without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and Sundance Photo Inc. in respect to the use of this service. Sundance Photo Inc.’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Copyright © Sundance Photo Inc. 2006 All Rights Reserved