GOphotobooks reserves the right to change or modify any portion of this agreement at any time and without notice.
Website Use:
GOphotobooks.com website is owned, controlled and operated by GOphotobooks.com, Inc. Use of GOphotobooks.com constitutes acceptance of the enclosed terms and conditions. Although you may “bookmark” a particular portion of this website and thereby bypass this agreement, your use of this website still binds you to the terms. GOphotobooks may make changes to the information on our site or to services described therein, at any time and without notice. GOphotobooks may change, move, delete or add to the site frequently. Your use of the GOphotobooks.com website following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
Use Restrictions and Intellectual Property:
With the exception of your personal photos, all of the content you see and hear on the GOphotobooks website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, photographs, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by GOphotobooks.com., Inc. All such content are the property of GOphotobooks.com., Inc. No use of such content may be made without the prior written consent of GOphotobooks except to identify the products or services of GOphotobooks. The products, logos, designs, advertisements, and photographic images described or displayed on the website are the intellectual property of GOphotobooks and may not be used without permission. The design or layout of GOphotobooks.com is protected by United States and international law, copyright, trade dress, and other intellectual property proprietary rights, and all worldwide rights, titles and interests are owned by GOphotobooks.com. Inc. and may not be copied or imitated in whole or in part.
The content of GOphotobooks.com., Inc and the website as a whole are intended solely for the personal, noncommercial use by the users of our website. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this website. No right, title, or interest in any content or materials is transferred to you as a result of any such activities. Any violation of this may result in legal action. GOphotobooks reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the GOphotobooks.com website.
Communications and Submissions:
All communications, comments, feedback, mailings, suggestions, ideas and other submissions disclosed, submitted or offered to GOphotobooks on or by this website or credit card with photo personal information otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the “communications”) shall be and remain the property of GOphotobooks. Such disclosure, submission or offer of any communications shall constitute an assignment to GOphotobooks of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any communications. Thus, GOphotobooks shall be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services, and publishing of the communications on GOphotobooks.com. By participating in surveys, contests or promotions on this site or by requesting promotional information or updates, you hereby agree that GOphotobooks may use information about you for marketing, product development or promotional purposes and is under no obligation to pay the user any compensation for any communications. You agree that no communications submitted by you to GOphotobooks.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no communications submitted by you to GOphotobooks.com will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any communications you make.
Products and Colors:
Descriptions, specifications, colors and pricing are subject to change at any time and without any notice. Prices displayed on the website are quoted in U.S. dollars. We have done our best to display as accurately as possible the products and colors of the merchandise shown on GOphotobooks.com. However, because the colors you see will depend on your monitor, we cannot guarantee your monitor’s display of any color will be accurate.
Errors and Inaccuracies:
The information on GOphotobooks.com may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. Please see our guarantee policies.
In the event a GOphotobooks.com product is listed at an incorrect price due to typographical error or systems error, GOphotobooks.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. GOphotobooks.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed, your credit card charged, or the product has shipped. If your credit card has already been charged for the purchase and your order is canceled, GOphotobooks.com shall issue a credit to your credit card account in the amount of the incorrect charge.
Password and Account Security
When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at customerservice@gophotobooks.com
Member Conduct
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by your or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available 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 or telecommunications equipment;
intimidate or harass another; or
use or attempt to use another's account, service or system without authorization from gophotobooks.com, or create a false identity on this Service.
Proprietary Rights in Content on the Service
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of gophotobooks.com or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without gophotobook.com's prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of gophotobooks.com or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of gophotobooks.com under a separate agreement.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you upload, publish or display on the Service. You understand and agree that gophotobooks.com may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of gophotobooks.com violates this Agreement or for any other reason.
Copyright Policy
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) 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 the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Claims
GOphotobooks.com
44800 Industrial Drive
Fremont, CA 94538
email: copyright@gophotobooks.com
Telephone: (510) 249-9903
Links:
GOphotobooks.com may provide links or product references to other sites, but is not responsible for the privacy practices or content of such sites and shall not be liable for any damages or injury arising from that content or those privacy practices. These links are only for your convenience and you access them at your own risk.
Shipping:
You must have a U.S shipping address and a credit card billing address to place an order. Due to the high value of your order, we do not ship to APO/FPO addresses.
Accepted Payment Methods:
We accept Visa, MasterCard, American Express, and Discover Card. The issuing bank of your credit card must be based in the United States.
Miscellaneous:
This website and its contents are displayed solely for the purpose of promoting GOphotobooks, its products and services. This website is controlled and operated by GOphotobooks.com., Inc. GOphotobooks reserves the right to make changes to the information in this website or services described therein, at any time without notice.
Duration and Termination:
These terms and conditions are applicable to you upon your accessing GOphotobooks.com and/or completing the registration or shopping process. GOphotobooks may terminate this agreement without notice at any time for any reason, and deny you access to the website if you fail to comply with the provisions of this agreement. The provisions relating to use restrictions and intellectual property, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination.
Indemnification:
You agree to indemnify, defend, and hold harmless GOphotobooks.com or GOphotobooks.com., Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “service providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s 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.
Notice:
GOphotobooks may deliver notice to you by means of e-mail, a general notice on the site, or by written communication delivered to your address on record in GOphotobooks.com account information.
Enforcement of Terms and Conditions:
By accessing and using the GOphotobooks.com website, you agree that your access to and use of the GOphotobooks.com website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the States of Delaware and California, United States of America.
Disclaimer:
By your use of this website, you acknowledge that use of this website is at your sole risk, that you assume full necessary servicing or repairs of any equipment you use in connection with your use of this website, and that GOphotobooks shall not be liable for any damages of any kind related to your use of this website. This website and the materials and products on this site are provided “as is,” “as available,” and “with all faults” and without warranties of any kind, whether express or implied, unless provided for otherwise. To the fullest extent permissible pursuant to applicable law, GOphotobooks disclaims warranties, express of implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose and non-infringement. GOphotobooks does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes this site available are free of viruses or other harmful components. GOphotobooks does not make any warranties or representations regarding the use of the materials on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
Limitation of Liability:
GOphotobooks shall not be liable for any damages or injury resulting from your access to, or inability to access this website, or from your reliance on any information contained in this website. GOphotobooks shall not be liable for any special, incidental 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 GOphotobooks has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or special or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
