(Written by real-life lawyers!)
These Terms constitute a binding agreement between You and Photojojo, Inc. ("Photojojo"), and are deemed accepted by You and Photojojo. Your access to or use of the Website indicates Your acceptance to these Terms. If You do not accept these Terms stated here, do not use the Website. Photojojo reserves the right to revise these Terms at any time, at its sole discretion, by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms, because they are binding on You.
- "Photojojo Product(s)" mean and refer to any products purchased from Photojojo or through the Website.
- “We,” “Us,” and “Our” mean and refer to Photojojo.
- "You," "Your," and "User" mean and refer to all individuals and/or entities who are accessing or using the Website or Photojojo Products for any reason.
- Purchases Through the Website
- Delivery. Photojojo shall deliver the Photojojo Products that You purchase to the place of delivery designated by You. If You choose to accept any type of express courier services for shipping, then any additional shipping fees will be paid by You. Please note that if involving international orders, customs and import duties may also be applied and will likely vary from country to country. Shipping laws also vary from country to country, and it is your responsibility to check with Your local customs office for details and to verify whether the country to which You are shipping permits the shipment of Your Photojojo Products.
- Pricing. Except where otherwise noted, the list price displayed for any Photojojo Product represents the full price, minus any sales tax, of such Photojojo Product. Despite Our best efforts, a small number of items in Our catalog may be mispriced.
- Refunds and Exchanges. Photojojo does not take title to returned or refunded items until the item arrives at the Photojojo headquarters. You may return and refund any Photojojo Product if unopened, unused, and in the original condition within thirty (30) days after purchase. If You wish to return a Photojojo Product that has already been opened, then Photojojo will give You store credit for such returned Photojojo Product. All shipping costs for returns and exchanges will be at Your expense, unless the Photojojo Product was broken when You received it or the wrong Photojojo Product was sent to You. Returns made more than thirty (30) days after purchase will be accepted at Photojojo's sole discretion. We recommend that You use a shipping method that is traceable and insured to protect Your shipment. If You wish to return a Photojojo Product, please Email Us and We will tell You where to mail Your Photojojo Product for an exchange or refund.
- Intellectual Property
- Limitation of Liability
- Term and Termination
- Links. The Website contains many links to third-party websites. These links are provided solely as a convenience and not as an endorsement by Photojojo of the contents on such third-party websites. Photojojo is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If You decide to access linked third-party websites, You do so at Your own risk.
- Commercial Use. You agree not to make any unauthorized commercial use of the Website.
- Access Outside the United States. Photojojo makes no claims that the Website may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- Governing Law. These Terms are governed by the internal substantive laws of the State of California. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within San Francisco, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Photojojo's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Photojojo's ability to enforce such term at any point in the future.
- Waiver. Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.
- Headings. Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.
- Effective Date. These Terms are effective as of April 14, 2014.
You agree and warrant that You will not use the Website in a manner that is illegal or otherwise inconsistent with these Terms. In addition, You will not use the Website in a manner that Photojojo deems objectionable. Photojojo reserves the right to restrict, suspend, or terminate Your access to the Website without notice for any reason.
You agree that You will access the Website only through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Website, take any actions that damage the Website or its security, or interfere with other users' use of the Website.
The Website is protected under patent, copyright, trademark, and/or other laws. The Website and all Website contents are the property of Photojojo or its licensors. The compilation, collection, arrangement, or assembly of all content on the Website is the exclusive property of Photojojo and protected as well.
Unauthorized use of the Website may violate applicable laws and is strictly prohibited. You may not copy the Website or any part thereof without Photojojo’s prior written authorization. Any code or software code that Photojojo creates to generate or display the Website are also protected by Photojojo's copyrights, and You may not copy or adapt such code.
TO THE FULLEST EXTENT POSSIBLE BY LAW, PHOTOJOJO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY PHOTOJOJO PRODUCT WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND PHOTOJOJO’S SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, PHOTOJOJO IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND THE PHOTOJOJO PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. PHOTOJOJO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOJOJO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT ON THE WEBSITE. PHOTOJOJO MAKES NO WARRANTY WITH REGARD TO ANY OF THE PHOTOJOJO PRODUCTS.
IN NO EVENT SHALL PHOTOJOJO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTOJOJO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PHOTOJOJO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR PHOTOJOJO PRODUCTS EXCEED THE AMOUNTS YOU HAVE PAID TO PHOTOJOJO FOR THE PHOTOJOJO PRODUCTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHOTOJOJO AND YOU.
You agree to defend, indemnify, and hold harmless Photojojo, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any improper use of the Website, or (ii) Your breach of these Terms. Photojojo shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of the Website. Photojojo reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Website and immediate termination of Your registration with or ability to access the Website and/or any other services provided to You by Photojojo, upon any breach by You of these Terms. Even after You are no longer a User of the Website, the provisions of these Terms will remain in effect.
If there are any questions regarding Photojojo or this Policy, please contact Photojojo at:
766 Valencia St.
San Francisco, CA 94110
1 (855) 843-5656