PhotoBarn.com Terms and Conditions – Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.

Copyright of Website and Company Content

The entire content included in this site, 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 PhotoBarn. The collective work includes works that are licensed to PhotoBarn. Copyright 2013, PhotoBarn ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PhotoBarn or purchasing PhotoBarn 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 site solely for your own non-commercial use, or to place an order with PhotoBarn or to purchase PhotoBarn products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PhotoBarn. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of PhotoBarn used in the site are trademarks or registered trademarks of PhotoBarn

Ownership of Customer Content

PHOTOBARN.COM claims no ownership rights to the photos, photo files, albums, projects, captions or prints, (collectively defined as “Content”), that you upload or email to PHOTOBARN.COM However, by uploading Content to PHOTOBARN.COM you agree to waive all moral rights to those images. In addition, you grant to PHOTOBARN.COM a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photos included in your upload or email for the purpose of displaying Content to the people you select and to fulfill orders.
PHOTOBARN.COM will not use or modify your Content for marketing purposes or any other purposes without obtaining your express permission.

Copyright Policy

PHOTOBARN.COM reserves the right not to print a photograph that is signed, stamped or otherwise identified by any photographer or studio as copyrighted material. If you do not own the copyright to an image, the image may be used if express written permission is obtained from the copyright holder to reprint the image. Please contact the PHOTOBARN.COM customer service department ([email protected]) with any queries or copyright permission advice. In addition, PHOTOBARN.COM will not assist in the copying of any state or federal document, including but not limited to, driver’s licenses, passports and social security cards.
PHOTOBARN.COM retains the right to refuse to print any image for any reason. In the instance that an image is not printed, a refund will be issued. PHOTOBARN.COM abides by all federal and state laws and will not reproduce images with content that could be construed as illegal or portraying illegal acts.


Termination & Disclosure

PHOTOBARN.COM may terminate your service and delete any and all information, including but not limited to your Content, without notice, for any reason including, but not limited to (i) your violation of these Terms of Use or other policies set by PHOTOBARN.COM elsewhere on the Site; (ii) or online conduct that PHOTOBARN.COM believes is harmful to other customers, the business of PHOTOBARN.COM, or other third-party information providers.

PHOTOBARN.COM reserves the right to disclose any Content posted by you or any other customers as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any Content, in whole or in part, that in PHOTOBARN.COM’s judgment are unsuitable or in violations of these Terms of Use or other policy set by PHOTOBARN.COM elsewhere on the Site. PHOTOBARN may delete, move and edit Content for any reason, at any time, without notice.
In any instance where PHOTOBARN.COM deems it appropriate to terminate service, any applicable orders will be cancelled and refunded.

Age

Users of PHOTOBARN.COM must be at least 18 years old and have a valid credit card. If you are under the age of 18 but at least 13 years of age, you may use PHOTOBARN.COM only under the supervision of a parent or legal guardian who agrees to be bound by these PHOTOBARN.COM Terms of Use.

Conditions of Use

PHOTOBARN.COM can only be used for personal, non-commercial use. As an account holder of PHOTOBARN.COM, you agree not to:

Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, hateful or otherwise unsuitable as determined by PHOTOBARN.COM.

Upload, post, email or otherwise transmit any content you do not have a right to transmit under any law or under contractual or fiduciary relationships, (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.

Upload, post, email or otherwise transmit any Content that harms minors in any way. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through PHOTOBARN.COM.

Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Interfere with or disrupt, or attempt to interfere with or disrupt, the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the PHOTOBARN.COM.

Upload, post, email or otherwise transmit any Content that exhibits expressions of abuse, offensive language and/or imagery, obscenity, nudity or pornography, including but not limited to: child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over PHOTOBARN.COM, its affiliates or customers.

PHOTOBARN.COM has the sole discretion to determine whether Content falls within this section, and any Content submitted to PHOTOBARN.COM may be subject to examination.

Returns & Refunds

One of the major advantages of printing on wood is the fact that every print is influenced by the tone and grain of the wood. Due to the individualistic nature of printing on an organic surface such as wood, each PhotoBoard and PhotoBlock will be unique. We understand that not everyone will like the soft tones or wood grain that printing on wood adds to each image, however, each PhotoBoard and PhotoBlock is custom and made to order, and therefore we cannot offer reprints, returns, or refunds for wood grain or toning issues.

Our quality assurance team does their best to ensure the images we receive are of high enough quality to print on the selected size boards; however, we also cannot provide free reprints or refunds where the original image was not of sufficient quality.

If there was an error in the production or shipping of the order that we determine to be PhotoBarn’s fault, we will replace the board or block at no charge to the customer. If the wrong hanging option is included with the order, we will mail the correct option with attachment instructions as well as refund the price paid for that hanging option upgrade.

If your PhotoBoard or PhotoBlocks arrive damaged or scratched, please contact customer service at [email protected]; a customer service representative will contact you with the appropriate steps for resolving the issue or issuing a return merchandize authorization (RMA).

Any customer that is not completely satisfied with their original order will have the option of receiving a reprint for a reduced price through customer service.

All returns, refunds, and quality concerns must be reported to PHOTOBARN.COM within fourteen (14) days of receipt of the order.

Special Offers

PHOTOBARN.COM regularly offers specials in an effort to allow as many people as possible to afford and enjoy their products. As prices are kept as low as possible, PHOTOBARN.COM is unable to combine any coupons, special offers, or gift certificates. Only one discount, coupon, or gift certificate may be applied per order. In addition, coupons codes and gift certificates (i) have no cash value, (ii) are not redeemable for cash, (iii) cannot be returned for a refund, (iv) may not be applied to previously placed orders, (v) cannot be combined with other promotions or offers, and (vi) are for personal (non-commercial) use only. The unauthorized reproduction, resale, modification, or trade of Coupon/Discount Codes or Gift Certificates is prohibited and may result in their cancellation, and potential suspension or termination of your account.

Warranties

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PhotoBarn disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PhotoBarn does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PhotoBarn does not make any warrantees or representations regarding the use of the materials in this site 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.

Limitation of Liability

PhotoBarn 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 site or the performance of the products, even if PhotoBarn 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.

Typographical Errors

In the event that a PhotoBarn product is mistakenly listed at an incorrect price, PhotoBarn reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PhotoBarn 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, PhotoBarn shall issue a credit to your credit card account in the amount of the incorrect price.

Participation Disclaimer

PhotoBarn 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 the site, PhotoBarn 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 the site. However, PhotoBarn 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 PhotoBarn in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless PhotoBarn, 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 the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, PhotoBarn may link to sites operated by third parties. However, even if the third party is affiliated with PhotoBarn, PhotoBarn has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PhotoBarn. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PhotoBarn seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Tennessee, 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 site (including but not limited to the purchase of PhotoBarn products) shall be in the state or federal courts located in Tennessee. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PhotoBarn products) must be commenced within one (1) year after the claim or cause of action arises. PhotoBarn’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. PhotoBarn may assign its rights and duties under this Agreement to any party at any time without notice to you.

Modification

PHOTOBARN.COM reserves the right to update or modify these PHOTOBARN Terms of Use at any time. Current terms and conditions will be publicly posted on PHOTOBARN.COM and such posting will be considered as notice to all applicable parties.