Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
The Site provides an interactive online service operated by Pro Photo Deals. on the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through ProPhotoDeals.com, affiliates of ProPhotoDeals.com or merchants ("Merchants") offering vouchers for sale ("Vouchers") which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ProPhotoDeals.com, and ProPhotoDeals.com shall not be responsible for any data lost while transmitting information on the Internet. While it is ProPhotoDeals.com's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ProPhotoDeals.com, access to the Site may be interrupted, suspended or terminated from time to time.
ProPhotoDeals.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ProPhotoDeals.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ProPhotoDeals.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of ProPhotoDeals.com, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of ProPhotoDeals.com, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ProPhotoDeals.com, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. ProPhotoDeals.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ProPhotoDeals.com or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with ProPhotoDeals.com shall not be deemed to be in the public domain but rather the exclusive property of ProPhotoDeals.com, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of ProPhotoDeals.com unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ProPhotoDeals.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted ProPhotoDeals.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants ProPhotoDeals.com the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of ProPhotoDeals.com, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Limitation of Liability.
IN NO EVENT SHALL ProPhotoDeals.com, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL ProPhotoDeals.com'S LIABILITY IN CONNECTION WITH A ProPhotoDeals.com EXCEED THE AMOUNTS PAID FOR SUCH ProPhotoDeals.com, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
ProPhotoDeals.com shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ProPhotoDeals.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ProPhotoDeals.com shall have the right, but not the obligation, to remove any material that ProPhotoDeals.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to ProPhotoDeals.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless ProPhotoDeals.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases ProPhotoDeals.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
ProPhotoDeals.com may terminate this Agreement at any time. Without limiting the foregoing, ProPhotoDeals.com shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which ProPhotoDeals.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement."
ProPhotoDeals.com is a trademark of ProPhotoDeals.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ProPhotoDeals.com are the property of their respective owners.
15. Third-Party Content.
ProPhotoDeals.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ProPhotoDeals.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of ProPhotoDeals.com.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with ProPhotoDeals.com. ProPhotoDeals.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ProPhotoDeals.com by anyone other than authorized ProPhotoDeals.com employee spokespersons while acting in official capacities. Under no circumstances will ProPhotoDeals.com be liable for any loss or damage caused by an end user's reliance on information obtained through ProPhotoDeals.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ProPhotoDeals.com.
ProPhotoDeals.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ProPhotoDeals.com of the contents on such third-party sites, and ProPhotoDeals.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with ProPhotoDeals.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. ProPhotoDeals.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for ProPhotoDeals.com established by ProPhotoDeals.com, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against ProPhotoDeals.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and ProPhotoDeals.com; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or ProPhotoDeals.com's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ProPhotoDeals.com will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor ProPhotoDeals.com shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
II.TERMS OF SALE
The Voucher you purchase through ProPhotoDeals.com is redeemable for goods or services by the Merchant. The Merchant, not ProPhotoDeals.com, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. ProPhotoDeals.com sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
1. Terms and Conditions for Merchant Vouchers
* Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
* Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
* The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
* Neither ProPhotoDeals.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher's reference number.
* Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
* Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
* Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
* Void to the extent prohibited by law.
* If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
2. Additional Terms and Conditions for All ProPhotoDeals.com Vouchers.
All Vouchers shall be subject to the terms and conditions of ProPhotoDeals.com and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release ProPhotoDeals.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the ProPhotoDeals.com, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher's expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact ProPhotoDeals.com [and explain your situation in writing] and ProPhotoDeals.com will refund the purchase price of the Voucher in either U.S. Dollars or credit for purchases of future Vouchers from ProPhotoDeals.com.
Pro Photo Deals has a 100% Satisfaction Policy - if you are dissatisfied for any reason, please contact us for a full refund