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Important! These terms of use govern your use of this site. By accessing this site, you are indicating your acknowledgement and acceptance of these terms of use. These terms of use are subject to change by 123PhotoStudio.com at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these terms of use regularly.

  1. Site Use
    The information and materials provided on or through the site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by 123 Photo Studio. Subject to your compliance with these Terms, we grant you a limited license to use the site and materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the site and/or materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the site and materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.

  2. Trademarks
    Trademarks of 123 Photo Studio, its affiliates, service providers and business partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of 123 Photo Studio. All page headers, customer graphics, button icons, and scripts are services marks and trademarks of 123 Photo Studio, its affiliates, service providers or business partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of 123 Photo Studio. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the site are the property of their respective owners.

  3. Disclaimer
    You understand that 123 Photo Studio cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. 123 Photo Studio does not assume any responsibility or risk for your use of the Internet.

    YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. 123 Photo Studio DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 123 Photo Studio DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 123 Photo Studio DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND 123 Photo Studio MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT 123 Photo Studio, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. 123 Photo Studio MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT
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  4. Limitation On Liability
    Santa On Camera, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF 123 Photo Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF 123 Photo Studio AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Santa On Camera FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
  5. Indemnity
    You will indemnify and hold 123 Photo Studio, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
  6. Refunds & Purchases
    When you place an order, we will not charge your account until you have gone through the complete checkout process. You will receive a link to the image in your email account. Because you have several opportunities to preview your 5x7 picture during the creation process, no refunds will be given once a purchase is made.

    Price and availability of any products or services are subject to change without notice, and our current prices can be found on our website. When you place an order with us, you agree to pay all charges incurred by you or any users of your account and credit card at the prices in effect when the order was placed.

    You will also be responsible for paying any taxes that are applicable to your purchase.
  7. Picture Size/Quality
    All photos are formatted to 5x7. Photo quality depends on the quality of the camera taking the photo and as a result, 123 Photo Studio is NOT responsible for the quality of your final 5X7 image.
  8. Submissions
    You hereby grant to 123 Photo Studio the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to 123 Photo Studio through this site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. 123 Photo Studio will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future 123 Photo Studio operations.

123 Photo Studio will treat any personal information that you submit through this site in accordance with its Privacy Policy.

  1. Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

    • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
    • advocates illegal activity or discusses an intent to commit an illegal act;
    • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
    • you do not have the right to post, including proprietary material of any third party;
    • is vulgar, obscene, pornographic, or indecent;
    • violates any law or may be considered to violate any law;
    • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • does not pertain directly to this site;
    • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
    • solicits funds, advertisers or sponsors;
    • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
    • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
    • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; 
    • amounts to a ‘pyramid’ or similar scheme
       

123 Photo reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither 123 Photo Studio nor any third party that provides content or services to 123 Photo Studio will assume or have any liability for any action or inaction by 123 Photo Studio or such third party with respect to any submission.

  1. Security
    Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). 123 Photo Studio will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that 123 Photo Studio considers insecure, 123 Photo Studio will be entitled to require the password to be changed and/or terminate your account.

    You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, 123 Photo Studio reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. 123 Photo Studio reserves the right to investigate suspected violations of these Terms of Use.

    123 Photo Studio reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing 123 Photo Studio to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 123 Photo Studio FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 123 Photo Studio DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER 123 Photo Studio OR LAW ENFORCEMENT AUTHORITIES.
  2. Enforcement
    These Terms of Use will be governed and interpreted pursuant to the laws of the state of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

You specifically consent to personal jurisdiction in 123 Photo Studio in connection with any dispute between you and 123 Photo Studio arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state courts in 123PhotoStudio.com.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. 123 Photo Studio may revise these Terms of Use at any time by updating this posting.

  1. Arbitration
    If a disputed issue is not resolved within ten (10) days, then the resolution of the dispute shall be referred to an Arbitrator chosen by the parties. If the parties are unable to resolve any dispute with the assistance of the Arbitrator within fifteen (15) days of the appointment thereof, the dispute shall be settled by arbitration. The award of the arbitration shall be final and binding upon the parties, and enforceable in any court of competent jurisdiction. The venue for any arbitration hereunder shall be Massachusetts. Nothing in this section shall defer or interfere with the entitlement of either party to obtain injunctive relief.