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Terms and Conditions of Service
Please read before using our services.
Welcome to the “HD PHOTO LAB” service. We truly hope that you
enjoy creating your HD Photographs which are destined to become
family heirlooms.
HD Photo Lab is a service of Bullock Professional. Before using
the HD Photo Lab website or setting up your account with HD Photo
Lab (herein referred to as “we”, “us”, or “Bullock Professional”),
please read the following Terms of Use (“Terms”) carefully. These
Terms govern your access to and use of the HD Photo Lab website and
services (collectively, the “Service”). If you (“you”) agree to
these Terms, and wish to access and use the Service, please click on
the “Sign Up” button. This will constitute your acceptance of a
legally binding agreement between you and Bullock Professional. Your
access to and use of the Service are expressly conditioned on your
acceptance of and compliance with these Terms. If you do not wish to
accept these Terms, please click the Windows Exit button, in which
case you will not be able to access or use the Service. Note that
any violation of these Terms may result in termination of your
ability to access and use the Service.
In order to use the Service, you must be at least 18 years of
age. You represent that you are at least 18 years old. If you are
not at least 18 years old, please do not click attempt to send an
order or otherwise indicate acceptance of these Terms, and do not
attempt to use, or set up an account to use, the Services.
We reserve the right at any time to change all or any part of
these Terms; change the Service, including by eliminating or
discontinuing any content on or feature of the Service; and change
any fees or charges for use of the Service. Any changes we make will
be effective immediately upon notice, which we may provide by any
means including, without limitation, posting on the Service or by
electronic mail. Your continued use of the Service after such notice
will be deemed acceptance of such changes. Be sure to return to this
page periodically to ensure familiarity with the most current
version of these Terms. Upon our request, you agree to sign a
non-electronic version of these Terms.
1.
Your Agreement
When
and if you use this website and Bullock Professional, you agree to
(a) provide accurate, current and complete information about
yourself as prompted by our registration form (including your email
address), and (b) maintain and update your information (including
your email address) to keep it accurate, current and complete. You
acknowledge that, if any information provided by you is untrue,
inaccurate, not current or incomplete, we reserve the right to
terminate your access to and use of the Service. Our use and
disclosure of any such information that you provide is governed by
our Privacy Policy. As part of the account set-up and registration
process, you may be asked to select a username and password. We may
refuse to grant you a username for any reason in our sole
discretion, including in the event that we determine that such user
name impersonates someone else, is illegal, vulgar, or otherwise
offensive, or is protected by trademark or other proprietary rights
law, or otherwise may cause confusion. You will be responsible for
the confidentiality and use of your username and password and agree
not to transfer or resell your use of or access to the Service to
any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL
ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT.
2.
Our Guarantee
The goal of this HD Photo Lab service by Bullock Professional is
100% customer satisfaction. If you are not happy with the quality of
your order, contact us within 30 days and we will reprint it free of
charge. In the event that we are unable to fulfill your requested
change(s), we reserve the right to refund any money paid for the
items that are returned not including shipping charges.
We cannot be responsible for poor image quality resulting from
inadequate resolution or improper exposure. Please know that digital
files do not have a wide latitude for adjustment. In addition,
please preview your images to ensure that all customizable features
are to your liking before placing your order. These features include
spelling, grammar, positioning of text, orientation/cropping of
images and other services such as paper choice and finish options.
Orders submitted with the 'no color corrections' option checked are
not eligible for reprinting by the HD Photo Lab service due to color
issues. The customer is totally responsible for the output in this
situation.
3.
Color Management
For the best possible printed images, please ensure you are
submitting properly exposed files. Bullock Professional has years
of experience with color management and will produce these files as
they are submitted to us. For additional detailed tips on color
management and the use of an image histogram please refer to 'Tips
for great pictures' under our Help tool.
4.
Our Turnaround
Bullock Professional is considered the fastest high quality prolab
in America. Setting the industry standard for quick delivery without
compromising quality. Our remarkably fast turnaround is the result
of a highly automated production capability, a very experienced
staff, and an extremely efficient workflow. Orders are in shipping
within hours.
5.
Payment
Your credit card is authorized and charged at the time your order is
placed. Bullock Professional accepts Mastercard, Discover, and
Visa. Your card will show ‘Bullock Professional’ as the company
being paid for your HD Photo Lab services.
6.
Your
Use of the Service
Subject to and conditioned upon your compliance with these Terms, we
grant to you a non-exclusive, non-transferable, nonsublicensable,
limited right and license to access and use the Service, including
any images, text, graphics, sounds, data, links and other materials
incorporated into the Service (other than your Submissions), solely
as made available by us and solely for your own personal purposes.
The Service, including all such materials and all intellectual
property rights therein, remain the property of Bullock Professional
or its licensors or suppliers. Except as expressly authorized by
these Terms, you may not use, reproduce, distribute, modify,
transmit or publicly display any portion of the Service without the
written consent of Bullock Professional. While using the Service,
you agree not to:
o
Defame, abuse, harass, stalk, threaten or otherwise violate the
rights of others, including without limitation others’ privacy
rights or rights of publicity;
o
Impersonate any person or entity, falsely state or otherwise
misrepresent your affiliation with any person or entity, or use any
fraudulent, misleading or inaccurate email address or other contact
information;
o
Restrict or inhibit any other user from using the Service,
including, without limitation, by means of “hacking” or defacing any
portion of the Service;
o
Violate any applicable laws or regulations;
o
Express or imply that any statements you make are endorsed by us,
without our prior written consent;
o
Upload to, transmit through, or display on the Service (a) any
material that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable, or
infringes our or any third party’s intellectual property or other
rights; (b) any confidential, proprietary or trade secret
information of any third party; or (c) any advertisements,
solicitations, chain letters, pyramid schemes, investment
opportunities or other unsolicited commercial communication (except
as otherwise expressly permitted by us);
o
Engage in spamming or flooding;
o
Transmit any software or other materials that contain any
viruses, worms, trojan horses, defects, date bombs, time bombs or
other items of a destructive nature;
o
Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile or disassemble any portion of the Service;
o
Remove any copyright, trademark or other proprietary rights
notices contained in or displayed on any portion of the Service;
o
“Frame” or “mirror” any portion of the Service, or link to any
page of or material on the Service other than the URL located at
http://www.HDPhotoLab.com/ or the URLs provided by us to you for
such purposes as part of the Service, without our prior written
authorization;
o
Use any robot, spider, site search/retrieval application or other
manual or automatic device or process to retrieve, index, “data
mine” or in any way reproduce or circumvent the navigational
structure or presentation of the Service; or
o
Harvest or collect information about users of the Service without
their express consent.
We may terminate your access to and use of the Service
immediately if you fail to comply with the above rules.
7.
Your
Submissions
In
the event that you post or upload to the Service, or otherwise
submit to Bullock Professional as part of your use of the Service,
any materials including, without limitation, photographs and other
images, text, graphics, sounds, data, links and other materials
(collectively, “Submissions”), you will retain ownership of such
Submissions, and you hereby grant us and our designees a worldwide,
non-exclusive, sublicenseable (through multiple tiers), assignable,
royalty-free, fully paid-up, perpetual, irrevocable right to use,
reproduce, distribute (through multiple tiers), create derivative
works of, and publicly display and perform such Submissions, solely
in connection with the Service. Except for the foregoing license, we
do not claim ownership of any copyright in your Submissions. You
represent, warrant and covenant that you own or otherwise possess
all necessary rights with respect to your Submissions, and that your
Submissions do not and will not infringe, misappropriate, use or
disclose without authorization, or otherwise violate any
intellectual property or proprietary right of any third party, and
are not unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable.
None of the Submissions will be subject to any obligation,
whether of confidentiality, attribution or otherwise, on our part
and we will not be liable for any use or disclosure of any
Submissions. You acknowledge and agree that we may (but are not
obligated to) do any or all of the following, at our discretion: (a)
monitor and/or filter any Submissions (including without limitation
by means of blocking or replacing expletives or other language that
may be deemed harmful or offensive); (b) alter, remove, or refuse to
send, transmit or otherwise use any Submission (including, without
limitation, by suspending the processing and shipping of any order
relating to any Submission); and/or (c) disclose any Submissions,
and the circumstances surrounding the transmission or use thereof,
to any third party in order to operate the Services; to protect our
affiliates, distributors, partners, licensors, advertisers,
sponsors, and users; to comply with legal obligations or
governmental requests; to enforce these Terms; or for any other
reason or purpose.
We recommend you keep back-up copies of your Submissions on your
hard drive or other personal system, as the Service is not intended
to be used as a back-up solution for storing your Submissions.
8.
Making Purchases
If
you wish to purchase any products or services through the Service,
we will ask you to supply certain information applicable to your
purchase, including, without limitation, payment and other
information. Any such information will be treated as described in
our Privacy Policy. All information that you provide to us or our
third party payment processor must be accurate, current and
complete. You agree to pay all charges incurred by you or any users
of your account and credit card (or other applicable payment
mechanism) at the prices in effect when such charges are incurred.
You will also be responsible for paying any applicable taxes
relating to your purchases. Verification of information applicable
to a purchase may be required prior to our acceptance of any order.
Price and availability of any products or services are subject to
change without notice, and our current prices can be found on the
Service. Title and risk of loss for any purchases pass to you upon
our delivery to our carrier. When you place an order, we will not
charge you until we ship the items ordered. We reserve the right to
ship partial orders (at no additional cost to you), and the portion
of any order that is partially shipped may be charged at the time of
shipment.
9.
Copyright Issues
Bullock Professional is committed to protecting copyrights and
expects users of the Service to do the same. The Digital Millennium
Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights under U.S. copyright law. If you believe in good faith
that any material used or displayed on or through the Service
infringes your copyright, you (or your agent) may send us a notice
requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works are covered by a single
notification, a representative list of such works); (c)
identification of the material that is claimed to be infringing or
the subject of infringing activity, and information reasonably
sufficient to allow us to locate the material on the Service; (d)
the name, address, telephone number and email address (if available)
of the complaining party; (e) a statement that the complaining party
has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent or
the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you believe in good
faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see http://www.copyright.gov/ for
details.
Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes
your copyright or other intellectual property rights, you should
notify Bullock Professional of your copyright infringement claim in
accordance with the following procedure. Bullock Professional will
process notices of alleged infringement which it receives and will
take appropriate action as required by the Digital Millennium
Copyright Act (DMCA) and other applicable intellectual property
laws. The DMCA requires that notifications of claimed copyright
infringement should be sent to this Site's Designated Agent who is:
Don Bullock
c/o Bullock Professional
308 Concord Road, Albemarle NC 28001
Ph: 704-982-2229
Email:
customerservice@hdphotolab.com
To be effective, the notification must be in writing and contain the
following information (DMCA, 17 U.S.C. §512(c)(3)):
-
Physical or
electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site;
-
Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
-
Information
reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the
complaining party may be contacted;
-
A statement
that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
-
A
statement, made under penalty of perjury, that the information
in the notification is accurate and that the complaining party
is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
E-mails sent to
customerservice@hdphotolab.com
for purposes other than communication about copyright claims may not
be acknowledged or responded to.
10.
Web
Addresses (URLs)
As
part of the Service’s online image share feature, we may provide you
with access to and use of certain personalized pages on the HD Photo
Lab site and the corresponding web addresses (URLs) chosen by you.
However, we do not guarantee the availability of any particular web
page or URL, and we reserve the right, at any time and in our sole
discretion, to reclaim, suspend, terminate and/or transfer any such
web page or URL. In such cases, we may, at our option, provide you
with another web page and URL.
11.
Terms and Termination
These terms shall remain effective until terminated as set forth
herein. We may immediately terminate these Terms, and/or your access
to and use of the Service or any portion thereof, at any time and
for any reason, with or without cause, upon notice to you. Upon
termination of these Terms, you will cease all use of the Service.
Except for the license to access and use the Service granted to you
in Section 2, the rights and obligations of the parties as set forth
herein will survive termination.
12.
Third-Party Websites, Software and Services
The
Service may direct you to websites, software or services owned or
operated by third parties (“Third Party Properties”). We have not
reviewed all of the Third Party Properties to which you may be
directed and we have no control over such Third Party Properties. We
are not responsible for (a) the content and operation of such Third
Party Properties, or (b) the privacy or other practices of such
Third Party Properties. The fact that the Service directs you to
such Third Party Properties does not indicate any approval or
endorsement of any Third Party Properties. We direct you to such
Third Party Properties only as a convenience. You are responsible
for the costs associated with such Third Party Properties, including
any applicable license fees and service charges. Accordingly, we
strongly encourage you to become familiar with the terms of use and
practices of any such Third Party Properties.
13.
Access By Minors
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify
you that parental control protections (such as computer hardware,
software or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is
available at the websites of the Electronic Frontier Foundation
(http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and
of America Links Up (http://www.netparents.org/parentstips/browsers.html).
14.
LIMIT OF LIABILITY
Though every precaution is taken to insure the safety of our film,
unfortunately even with the best operators and best machines, error
is possible. Submitting any film to this firm for processing,
printing or other handling constitutes an AGREEMENT by you that any
damages or loss by our company, subsidiary or agents, even though
due to the negligence or other fault of our company, subsidiary or
agents, will only entitle you to replacement with a like amount of
unexposed film and processing. Except for such replacement, the
acceptance of the film is without other warranty or liability, and
recovery for any incidental or consequential damages is excluded.
15.
Indemnification
You
agree to indemnify, defend and hold us, our affiliates,
distributors, partners, licensors, advertisers and sponsors, and our
and their directors, officers, employees, consultants, agents and
other representatives, harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys’ fees) and
other expenses that arise directly or indirectly out of or from (a)
your breach of these Terms, including any violation of the rules set
forth in Section 2 above; (b) your Submissions; and/or (c) your
activities in connection with the Service.
16.
Disclaimer of Warranties
THE
SERVICE, INCLUDING ALL MATERIALS INCORORATED THEREIN, IS PROVIDED
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
Bullock Professional AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS,
LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. Applicable law may not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. WE AND OUR
AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS
AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED
OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION,
ADVICE OR STATEMENT OF HD PHOTO LAB OR ITS AFFILIATES, DISTRIBUTORS,
PARTNERS, LICENSORS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE
ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
17.
Policy for Idea Submission
Many
of our customers are interested in submitting ideas and suggestions
for products and services to be used at Bullock Professional, either
independently of, or in conjunction with, our internally developed
concepts. We appreciate our customers’ interest in improving the
Service; however, please note that any such ideas or suggestions
that you submit will be owned by Bullock Professional, and you
hereby irrevocably assign any intellectual property rights in such
ideas and suggestions to Bullock Professional or any of it’s
services. In the event that the foregoing assignment is held to be
ineffective for any reason, your ideas and suggestions will be
treated as Submissions, subject to the license granted to Bullock
Professional in Section 3 of these Terms. If you intend to retain
any intellectual property rights in your ideas and suggestions
(patent, trade secrets, copyright, trademark, etc.) please do not
submit them to us without our prior written approval. You can
inquire regarding such approval by sending a message to
customerservice@hdphotolab.com
. If we are interested in pursuing any idea or suggestion of yours,
we will contact you. Please note that an additional legal agreement
may be required by Bullock Professional in order to evaluate your
idea or suggestion.
18.
Miscellaneous
These Terms are governed by and construed in accordance with the
laws of the State of North Carolina, United States of America,
without regards to its principles of conflicts of law. You agree to
submit to the exclusive jurisdiction of any State or Federal court
located in the County of Stanly, North Carolina, United States of
America, and waive any jurisdictional, venue or inconvenient forum
objections to such courts. If any provision of these Terms, or the
application thereof to any person, place or circumstance, shall be
held by a court of competent jurisdiction to be invalid, void or
otherwise unenforceable, such provision shall be enforced to the
maximum extent possible, or, if incapable of such enforcement, shall
be deemed to be deleted from these Terms, and the remainder of these
Terms and such provisions as applied to other persons, places and
circumstances shall remain in full force and effect. No waiver by
either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default, nor
shall any delay or omission on the part of either party to exercise
or avail itself of any right or remedy that it has or may have
hereunder operate as a waiver of any right or remedy. This is the
entire agreement between us relating to the subject matter herein
and supersedes any and all prior or contemporaneous written or oral
agreements between us with respect to such subject matter. These
Terms are not assignable, transferable or sublicenseable by you
except with our prior written consent. These Terms may not be
modified or amended except as set forth in the introductory section
of these Terms. Any heading, caption or section title contained in
these Terms is inserted only as a matter of convenience and in no
way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms,
please contact:
customerservice@hdphotolab.com
BY SUBMITTING AN ORDER OR OTHERWISE INDICATING ACCEPTANCE OF THESE
TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE
TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO THESE TERMS, AND (3) THESE
TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS OF YOU. |
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