Photo Card Chef Terms & Conditions of purchase.
By ordering from Photo Card Chef, you agree you are 18 years of age or older, and are bound without leniency or exceptions to the following terms of purchase:
1. Photo Card Chef Terms and Conditions of Purchase.
These terms and conditions govern your access to the Photo Card Chef web site (the “Site”). By accessing the Site, you are signifying your assent to these terms. Your continued use of the Site after the Photo Card Chef posts any changes will indicate your acceptance of these changes.
2. Use of Site
You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.
We are exceptionally concerned with your privacy and with your trust. The Photo Card Chef values your privacy and will never sell or distribute to outside parties any personal information that you have provided. We will never sell, rent, or share e-mail addresses.
4. Limitation of Liability
IN NO EVENT WILL THE PHOTO CARD CHEF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE PHOTO CARD CHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payment is through the security of Paypal. Applicable sales tax will be applied to orders shipping to Colorado.
Shipping times are estimates and apply after your cards have been printed, packaged, and shipped (48 hours).
7. Copyright Policy
It is against the law to use a professional photographer’s images without written permission. This includes scanning photos taken in portrait studios (including studios such as Wal-Mart, Sears, etc.). By submitting your order and photos to the Site, you agree that you are the photographer or you have written copyright license from the photographer permitting the Photo Card Chef to reproduce the photography. If you used a professional photographer, it is required that you e-mail the release form provided by your photographer stating that Photo Card Chef has permission to reproduce the images. The release must be e-mailed immediately after your order is placed. You agree not to hold the Photo Card Chef, its officers, directors, employees or agents responsible for misuse of copyrighted images. The Photo Card Chef will not reproduce professional photography without written consent from the photographer.
Additionally, all images on the Site are the property and the copyright of the Photo Card Chef, and may not be reproduced or used in any form, electronic or printed. Reproducing copyrighted material is strictly prohibited by law. Furthermore, all printed photo cards created by the Photo Card Chef are copyright protected and may not be reproduced without permission. Purchasing photo cards from the Photo Card Chef does not grant you the right to reproduce the card.
8. Return Policy
All sales at Photo Card Chef are final. Orders cannot be changed in finish type, reduced in quantity, or refunded once purchase is complete. We do not accept returns. You may contact us with questions about card stock weight, size, finish type, etc. before submitting your order. It is your responsibility to review your card for errors and to make sure you are completely satisfied with the spelling, grammar, layout, and design of your card before completing your order. Please be aware that during the printing process, up to 1/4 inch will be cut off around all sides and photos with headroom are strongly recommended.
9. Photo Size
High resolution photos are required for a clear print. Photos less than 900KB in size will most likely produce a poor print. Check the size of your photos before ordering as all sales are final once your order is placed.
10. Release required for professional photography
Photo Card Chef cannot print images taken by a professional photographer without written consent from the photographer. This includes pictures taken in a studio, such as Sears, Target, etc. Scanned professional images are forbidden and cannot be reproduced. By agreeing to our terms, you agree that you have written consent from your photographer to reproduce the images and will provide Photo Card Chef with the release.
11. Ship to Address
We cannot ship to PO Box addresses. A non-PO box address must be used for the shipping address.
12. Order Termination
Photo Card Chef reserves the right to discontinue service at any time for any reason during the proofing process. In this case, a full refund will be given.
You agree to defend, indemnify, and hold harmless the Photo Card Chef, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms. You agree that the Photo Card Chef may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.
14. Third Party Links
We may provide links to third-party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and Photo Card Chef does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.
15. No Warranty
Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
16. General Terms
These Terms constitute the entire agreement between the Photo Card Chef and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. The Photo Card Chef failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. The Photo Card Chef shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Colorado.
17.Changes to Terms of Service.
Photo Card Chef may change the terms of purchase from time to time at its discretion. Your continued use of our site indicates your consent to these terms of service and any amended versions of it.
18. Litigation Terms
In the event of a dispute, prior to litigating any dispute arising out of this agreement, customer agrees to mediate and/or arbitrate said dispute through the dispute resolution program offered by the BBB serving Northern Colorado/Wyoming (BBB). By agreeing to submit any dispute arising out of this agreement, customer agrees that no dispute shall be submitted to arbitration prior to the exhaustion of informal grievance procedures traditionally used by the BBB. Customer further understands that the arbitrator’s decision is legally binding on all parties involved in the dispute.