- Introduction
- Operator
- Purpose
of the Service
- Availability
- Privacy
- Trademarks
- Copyright
-
Reporting Violations of Your Copyrights
- External
Llinks
- Amendment
of the Terms
-
Applicable Law and Jurisdiction
- General
- Comments
- Registration
- Password
-
Suspension and Termination of Access and Membership
- Storage
Policy
-
Disclaimer of Warranty and Limitation of Liability
Introduction
Please read these Terms of Service ("Terms") carefully as they contain the legal
terms and conditions that you agree to when you use the digital photography services
provided to you by Digital Peel Click here to link to a printable copy of these
Terms. By using our Service you agree to be bound by Part A of these Terms which
contains provisions applicable to all users of our Service, including casual visitors.
If you choose to register as a member of, or make a purchase through, our Service,
you will be asked to check a box to indicate that you have also read and agree to
be bound by the additional wording set out in Part A of these Terms.top
Part A: Provisions applicable to all Users of the Service (Whether
Registered or Not)
Operator
This Service is operated by Digital Peel ("Digital Peel"), a company under the laws
of the State of California whose principal business address is 329 High Street,
Santa Cruz, CA 95060. Digital Peel is also referred to in these Terms as "we" and
"us".top
Purpose of the Service
Digital Peel offers digital photography services that provide the ability to view,
store and print digital images through a range of electronic devices including personal
computers and hand-held devices.top
Availability
Digital Peel uses reasonable endeavors to ensure that the Service is available 24
hours a day 7 days a week. However, there will be occasions when the Service will
be interrupted for maintenance, upgrades and emergency repairs or due to failure
of telecommunications links and equipment that are beyond the control of Digital
Peel. Every reasonable step will be taken by Digital Peel to minimize such disruption
where it is within the reasonable control of Digital Peel. You agree that Digital
Peel shall not be liable to you for any modification, suspension or discontinuance
of the Service.top
Privacy
Digital Peel has a firm commitment to safeguarding your privacy. Please review Digital
Peel’s Privacy Policy. The terms of Digital Peel’s privacy policy are incorporated
into, and considered part of, these Terms.top
Trademarks
All brand, product and service names used in this Service which identify Digital
Peel, or third parties and their products and services are proprietary marks of
Digital Peel. Nothing in this Service shall be deemed to confer on any person any
license or right on the part of Digital Peel or any third party with respect to
any such image, logo or name.top
Copyright
Digital Peel is, unless otherwise stated, the owner of all copyright and database
rights in the Service and its contents. You may not publish, distribute, extract,
re-utilize or reproduce any such content in any material form (including photocopying
or storing it in any medium by electronic means) other than in accordance with the
limited use license set out in our copyright notice.top
Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service,
please contact Digital Peel’s agent for notice of claims of copyright infringement
at mycopyright@digitalpeel.com, or at Digital Peel, 329 High Street, Santa Cruz,
Ca 95060. You must provide our agent with the following information, which Digital
Peel may then forward to the alleged infringer:
- identify the material on the Service that you believe infringes your work, with
enough detail so that we may locate it on the Service;
- provide your address, telephone number, and email address;
- provide a statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- provide a statement that (i) the information you have provided to us is accurate,
and (ii) you are the owner of the copyright interest involved or you are authorized
to act on behalf of that owner;
- provide your physical or electronic signature. Upon receiving your complaint, Digital
Peel may remove content that you believe infringes your copyright. In addition,
Digital Peel may terminate the account of the member who appears to be infringing
your intellectual property rights.
top
External Links
From time to time Digital Peel may provide links that will take you to other, third
party websites. These links are provided for your convenience. If you decide to
access linked websites you do so at your own risk. Digital Peel does not endorse
or take responsibility for the content on other websites or the availability of
other websites and you agree that Digital Peel is not liable for any loss or damage
that you may suffer by using other websites.top
Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered
as a member, we shall notify you of any material changes to these Terms by email
sent to the address you have provided to Digital Peel for your account. If you continue
to use the Service once you have been notified of the changes to these Terms, you
will be deemed to have accepted those changes.top
Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the
State of California. Any disputes arising under or in connection with these Terms
shall be subject to the non-exclusive jurisdiction of the state and federal courts
of the State of California.top
General
These Terms constitute the entire agreement between Digital Peel and you with respect
to your use of the Service. Digital Peel’s failure to enforce any right or provision
in these Terms shall not constitute a waiver of such right or provision. If a court
should find that one or more rights or provisions contained in these Terms is invalid,
you agree that the remainder of the Terms shall be enforceable.top
Comments
If you have any comments or questions about the Service please contact us by email
at andy.sauder@digitalpeel.com or by telephone on (831) 229-3729. Please note that
telephone calls made by you to Digital Peel may be randomly recorded and monitored
for training and quality assurance.top
Part B: Provisions applicable to all Registered Users of the Service
Registration
To purchase from or register as a member of the Service you must be 18 years or
over. You agree that the information that you provide to us on registration and
at all other times will be true, accurate, current and complete. You also agree
that you will ensure that this information is kept accurate and up to date at all
times. This is especially important with respect to your email address, since that
is the primary way in which we will communicate with you about your account and
your orders.top
Password
When you register as a member you will be asked to provide a password. As you will
be responsible for all activities that occur under your password, you should keep
your password confidential. You must notify Digital Peel immediately of any unauthorized
use of your password or if you believe that your password is no longer confidential.
We reserve the right to require you to alter your password if we believe that your
password is no longer secure.top
Suspension and Termination of Access and Membership
You agree that Digital Peel may at any time without notice:
- refuse to accept your application to become a member of Digital Peel;
- move or suspend any part of the Service;
- refuse to fulfill any order, or any part of any order or terminate your account
and delete any content stored in your account if, in Digital Peel’s sole discretion,
you fail to comply with any of these Terms or if a competent regulatory authority
requires Digital Peel to do so.
top
Storage Policy
Digital Peel provides free online storage of images to its members for an initial
period of 6 months from the date you first upload an image to your Digital Peel
account. To maintain free storage, you need to make a purchase from Digital Peel
at least once every 6 months (the 6 month period will restart with each purchase).
If you do not purchase any product or service from Digital Peel for a period of
6 months, Digital Peel may delete the images stored in your account. In addition,
if your account becomes inactive for a period of 24 months, Digital Peel may, at
its option, terminate access to the account altogether (including deletion of any
account information held by Digital Peel). Digital Peel may change this policy at
any time, upon reasonable notice to you.top
Disclaimer of Warranty and Limitation of Liability
Digital Peel agrees that all services will be carried out with reasonable skill
and care, and any goods supplied will be of satisfactory quality and reasonably
fit for their purpose. THE SERVICE, DIGITAL PEEL’S SITES AND ALL RELATED PRODUCTS
AND SERVICES ARE PROVIDED BY DIGITAL PEEL "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, DIGITAL PEEL DISCLAIMS
ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS
SERVICE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR
IMAGE TO DIGITAL PEEL, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR 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 DIGITAL CONTENT. IN THE EVENT OF
ANY LOSS OR, OR DAMAGE TO, YOUR PRINTS, DIGITAL PEEL SHALL BE LIABLE ONLY FOR THE
REPLACEMENT OF A LIKE AMOUNT OF THE PRINT AND PROCESSING. IN THE EVENT OF ANY MISTAKE
BY DIGITAL PEEL, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, DIGITAL PEEL 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, DIGITAL PEEL SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, DIGITAL
PEEL’S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF DIGITAL PEEL 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.top
|