Extra Site Terms of Service
Updated March 3, 2016
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT. “Extra” ("Us" or "We" or “Our” or “Extra") PROVIDES THE WWW.EXTRA.GALLERY SITE (COLLECTIVELY, THE “SITE”) AND VARIOUS RELATED SERVICES (COLLECTIVELY, THE “SERVICES”) BETWEEN YOU, THE INDIVIDUAL, THE VISITOR, AND/OR THE ENTITY IDENTIFIED AS “ACCOUNT OWNER" (AS DEFINED BELOW) AND Extra. ALL OF THE PERSONAS AFOREMENTIONED ARE SUBJECT TO COMPLIANCE WITH ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS OF SERVICE”), AS WELL AS ANY OTHER WRITTEN AGREEMENT BETWEEN US AND YOU. BY USING ANY PART AND/OR SECTION OF OUR SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF SERVICE STATED IN THIS AGREEMENT, WHICH INCLUDES ANY CHANGES OR AMENDMENTS MADE TO THESE TERMS. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. OTHERWISE, YOUR AGREEMENT WITH THESE POSTED TERMS BECOMES EFFECTIVE THE MOMENT YOU BEGIN USING THE SITE.
I. YOUR PRIVACY
Extra is a cloud service Gallery Host Service for Professional Photographers to host, share, and sell both print and digital versions of professional photographs.
III. AGREEMENT TO TERMS
By using this site, User agrees to abide by all the Terms and Conditions as set forth below. In addition to the General Terms and Conditions,
IV. DESCRIPTIONS AND TERMS
Extra and Extra.com will from here on be referred to as “Extra." All pages within this site and any content and/or media made available to view or download will from here on be referred to as the “site."
1. The term “Site” refers to all pages, both public and secure, that host and display all services provided by Extra.
4. The term "Purchaser" refers to any User who intends to view and/or purchase prints or digital files via the Extra site.
5. The term “User” refers to any person and/or entity who enters and/or participates on or in our site and whom is not an Account Owner.
6. The term “Content” includes but is not limited to all forms of media, functionality, user interface design, marketing automation, images, photographs, registration information, data, metadata, file names, text, fonts, graphics, user experience design, logos, icons, messaging, calls to action, images, audio and/or video files, digital downloads, prints, software, and the organization and/or juxtaposition of information.
7. The term “Extra” is a Gallery Hosting Service for Professional Photographers to host, share, and sell both print and digital versions of their professional photographs.
V. GENERAL TERMS AND CONDITIONS
All Extra services shall be subject to the discretion of Extra and shall be subject to Extra's Terms of Service. Extra reserves the right to modify or add additional conditions to the of Service at any time and without notice. If any of the provisions of these Terms and Conditions are found invalid, void, or unenforceable, that provision only shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.THE CHOICE AND WILL TO USE THIS SITE (BOTH THE PUBLIC AND/OR SECURE SECTIONS), WHETHER CONTINUED USE OR INTERMITTENT OR FOR ANY DURATION OF TIME, INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE PUBLISHED HEREIN. THIS INCLUDES THE USE OF ANY OTHER SITE OWNED BY Extra. These Terms of Service constitute the entire agreement between Extra and Users. Violation of the Terms of Service may prompt Extra to take any action it deems necessary or appropriate to enforce its rights including but not limited to the institution of legal proceedings.
VI. GENERAL RESTRICTIONS OF USE
All pages within this site and any content made available for view, purchase, and/or download are the property of either Extra, Account Owners, licensors, and/or suppliers. The site is protected by state, federal, and international copyright and trademark laws. No portion of the content on this site owned by Extra may be reprinted, republished, modified, or distributed in any form without the express written permission of Extra. You agree that you shall respect the intellectual property rights of Extra and the intellectual property rights of our Account Owners, licensors, and/or suppliers.. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any view, print, and/or downloaded content and shall comply with any applicable end user license agreements.
Any rights not expressly granted by the terms and conditions of these Terms of Service or any applicable end user license agreements are reserved by Extra.
A. LIMITS AND RESTRICTIONS
Users acknowledge that Extra may change the Terms of Service and their terms and conditions from time to time without written notice to Users. Users agree that they will not contest the validity, enforceability or admissibility of such. The Terms of Service and their terms and conditions provided on the site and that hard copy printouts of any information provided on the web site are admissible, if introduced as evidence in tangible form in any judicial or administrative proceedings, to the same extent and under the same conditions as other business records originated and maintained in documentary form.
If Users abuse and/or violate any of our Terms of Service, access to the site may be disabled automatically.
B. PROHIBITED CONTENT AND BEHAVIOR
Extra has the right and possesses sole discretion to remove or refuse any content that, in its judgment, does not comply with these Terms of Service. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
The use of our site by user(s) is subject to all applicable city, state, and federal laws and regulations, and all users are solely responsible for all their actions, voices, typed words, behaviors, navigations, movements, and/or communications when using our site.
To further, you understand and acknowledge that we will comply fully with any law enforcement authorities and/or legal investigations as they relate to suspected criminal violations.
A a User, you agree that you shall not:
(1) impersonate any Account Owner and/or User; this includes but is not limited to employees, licensees, subcontractors, competitor, consultants, and/or representatives of Extra.
(2) access any account without the permission of the Account Owner;
(3) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of Extra, Account Owners, and/or Participants;
(4) spam other Extra user(s) or burden them with unwanted communications; or
(5) post content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(6) modify, adapt, screen grab, copy, hack, and/or modify any other website so as to falsely imply or make it appear that the website is associated with Extra;
(7) misuse, transfer, sell, copy, screen grab, or otherwise disclose private information provided to you by other Account Owners, Users, and/or Participants;
(8) victimize, harass, degrade, intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(9) communicate or transfer any content and/or software code designed to damage, harm, breach security, expose privacy, and/or degrade the integrity of Extra, Account Owners, and/or its Users; this communication includes but not limited to code such as files, viruses, software programs, or worms;
(10) participate in any behavior that harms, damages, and/or limits the functions of any marketing efforts, software design, software design or algorithm, software database(s), data transfer, hardware, and/or telecommunication efforts;
(11) enable others to, copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Extra or any services provided by the Extra or any part thereof;
You understand and agree that we may at any time, and at our sole discretion, terminate your account, contract, and/or other affiliation with our site without prior notice to you for violating any of the above prohibitions.
VII. USER TERMS AND CONDITIONS
A. TERMS OF SALE
The Terms of Sale is applicable to the purchase of any print, product, and/or digital image(s) through the site and fulfilled by our lab integration partners. In the event of any conflict between these Terms of Sale and our Terms of Service, the Extra Terms of Sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.
USER is responsible for all fees associated with shipping, handling, packaging, and/or taxes that are required in relation to each unique purchase of the products.
B. SHIPPING TIMES AND VENDORS
Extra lab partners will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at time of order. Extra and/or the lab partner reserve the right to substitute another shipping vendor to deliver the order. Extra is not responsible for any delays in shipping and other costs that may arise from the delay.
C. EXCHANGES AND REFUNDS
All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received is physically defective, you are responsible for contacting the gallery Account Owner within thirty (30) days of your receipt of the products, and work out the necessary arrangements for either a refund or a replacement. The foregoing right to return any order within thirty (30) days to your photographer is your sole and exclusive remedy, and Extra expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.
D. ACCURACY OF PRODUCTION DESCRIPTIONS
Extra will always do its best to publish accurate content in the product options, however we do not warrant that the product descriptions, photos and pricing are accurate, complete, reliable, current or error-free. All size dimensions are approximate, we make reasonable efforts to accurately showcase all details of the product offerings, the applicable crop (in the case that the product needs cropping to fit the selected sizes), please note that the actual color or crop you will see might be different. Extra lab partners reserve the right to format manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.
You acknowledge that Extra provides no warranties for any digital product license and you are entering into the license agreement with the Account Owner. Extra is not responsible for enforcing the agreement nor resolving any disputes.
E. PAYMENT BY CREDIT CARD
User shall use a credit card to pay for Extra any/all site services. When user provides credit card information to Extra, user represents and warrants to Extra that user is the authorized holder of the credit card that is used to pay for Extra services and/or other fees. With respect to both Annual Plans, services, and/or product offering, the user agrees and confirms that Extra is authorized to charge the credit card provided.
F. SECURITY AND PASSWORD
The security of a User's personal information is important to us. Extra follows and adheres to the generally accepted industry standards to help protect and guard personal information and data. For instance, when a User enters sensitive information (such as a credit card number) on our registration or order forms, Extra encrypts that information using secure socket layer (SSL) technology. That said, there is no such method of transmission over the Internet, or method of electronic storage, that is 100% immune or protected or secure. A User is solely responsible for maintaining the confidentiality of their password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. While Extra strives to protect a User’s information, Extra cannot guarantee its absolute security and/or protection. Therefore, you must take steps to ensure that others do not gain access to your password and account.
In consideration of the above statements, you hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content according to our best practices and in line with your account preferences, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to Extra, including but not limited to registration information, content, and account information.
VIII. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
Our site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Extra is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Extra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
B. LIMITATIONS OF DAMAGES AND LIABILITY
Extra shall not be liable to Account Owner in connection with or relating to these Terms of Service, the selected system, Extra, and any transactions involving Extra for any direct, indirect, lost profits, consequential, special, exemplary, incidental or punitive damages, regardless of the form of action, whether in contract or in tort, including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss, breach of warranty and negligence, regardless of whether Extra has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. Notwithstanding anything to the contrary, the liability of Extra for any reason and for any cause of action whatsoever in connection with or relating to these Terms of Service, the selected system, Extra and any transactions involving Extra shall be limited to and not exceed the amount paid by the active Account Owner for subscription payments within the last six months (excluding any products ordered through the site or any other fees associated with those orders).
C. CHOICE OF LAW
You, the Account Owner, agree that these terms of service are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Diego, California, 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, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will 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 will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will 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 sublicensable 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: legal@Extra.com.
D. SITE REPURPOSE
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
You understand and agree that Extra may assign its rights under these Terms and Conditions. You understand and agree that Your personal information may be transferred to the succeeding entity. You may not subcontract, assign, or otherwise delegate Your obligations under this Agreement without the prior written consent of Extra.
F. FORCE MAJEURE
Extra shall not be liable for any failure by Extra to perform its obligations under this Agreement because of circumstances beyond the reasonable control of Extra, which such circumstances shall include (without limitation) natural disaster, terrorism, riot, sabotage, labor disputes, war, any acts or omissions of any government, governmental authority or third party, declarations of governments, transportation delays, power failure, computer failure, web server failure, telecommunications failure, Third Party Technology, failure of User to cooperate with the reasonable requests of Extra, misuse of the selected system or Extra by User or third party, breach of this Agreement by Extra or a third party and any other events reasonably beyond the control of Extra.
G. FINAL ACCEPTANCE OF USER AND TERMS
You acknowledge and agree to these Terms of Service and that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Extra. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Extra.
H. CONTACT INFORMATION
Except as explicitly noted on this site, the services available through this site are provided by Extra. If you notice that any user is violating these Terms of Service, please contact us at firstname.lastname@example.org.