Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
The entire content included in this website, including but not limited to, text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Photograph America. The collective work includes works that are licensed to Photograph America. Copyright 1989-2013, Photograph America ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order with Photograph America or purchasing Photograph America products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Photograph America or to purchase Photograph America products. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Photograph America. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
All trademarks, service marks and trade names of Photograph America used in this website are trademarks or registered trademarks of Photograph America.
This website and the materials and products on this website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Photograph America disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Photograph America does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available are free of viruses or other harmful components. Photograph America does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Return Policy; Satisfaction Guarantee
All newsletters, newsletter collections, and books from Photograph America are guaranteed for customer satisfaction. If a customer is not satisfied and/or if a product is damaged, any product from
Photograph America can be returned within 60 days from date of purchase for replacement or for a full refund.
Limitation of Liability
Photograph America shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if Photograph America has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Photograph America product is mistakenly listed at an incorrect price, Photograph America reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Photograph America reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Photograph America shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing this website and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Photograph America without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Photograph America may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to Photograph America.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of Photograph America products) shall be in the state or federal courts located in San Francisco County, California. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of Photograph America products) must be commenced within one (1) year after the claim or cause of action arises. Photograph America's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Photograph America may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on this website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Photograph America or other licensed employee, host, or representative, as well as other members or visitors on this website is prohibited. You may not upload to, distribute, or otherwise publish through this website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organization.
Photograph America does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this website, Photograph America is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on this website. However, Photograph America reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Photograph America in its sole discretion.
You agree to indemnify, defend, and hold harmless Photograph America, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this website using your Internet account.
In an attempt to provide increased value to our visitors, Photograph America may link to websites operated by third parties. However, even if the third party is affiliated with Photograph America, Photograph America has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Photograph America. These linked websites are only for your convenience and, therefore, you access them at your own risk. Nonetheless, Photograph America seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link that does not work).