to beautiful downtown Mystic, Connecticut (at least virtually)
and ABC PhotoLab! We hope your stay with us is pleasant
and that you enjoy the ABC PhotoLab experience. We believe
that your visit will be rewarding, easy and fun and will
begin a lasting relationship.
begin this relationship with ABC PhotoLab LLC (herein
referred to as "ABC"), please read through the
prior to beginning your visit with us. Upon review of
the Terms, you have two options: accept the Terms or reject
them. If you accept the Terms and would like to become
a member ("Member") and use the ABC service
("Service"), please click on the "Register"
button. This will constitute a binding agreement between
you, the Member, and ABC. If you reject the Terms, click
the "Cancel" button and your visit will end. Unless
you register as a Member and agree to be bound by the
Terms, our Services will not be available to you.
Note: any violation of these Terms may result in termination
of your Service as a Member.]
reserves the right to change these Terms, solely in its
own discretion, from time to time. Please refer to this
site periodically for any changes in Terms or Service.
Guideline for Visits
While ABC is not responsible for the content of the submissions,
ABC reserves the right to delete, move or edit submissions
that it, in its sole discretion, deems abusive, defamatory,
obscene or in violation of copyright or trademark laws
or otherwise unacceptable. ABC may request confirmation
of the copyright or trademark ownership from the submitter.
ABC reserves the right to suspend the shipping of an order
before such confirmation is received. If ABC does not
receive any such confirmation or if there are continued
claims of copyright or trademark infringement, ABC reserves
the right to share certain account information with governmental
organizations or other third parties. If you dispute any
copyright or trademark infringement claims, we will share
with you the contact information of any party claiming
any such infringement. In the event of any such dispute,
ABC reserves the right to suspend the display, viewing
or sharing of any submissions until the issue has been
resolved to ABC's complete satisfaction. Each Member acknowledges
that any submission may be removed, published, copied,
modified, transmitted and displayed by ABC for the purposes
of delivering the Service. In addition, each Member warrants
that all moral rights in any uploaded materials have been
physical or electronic sharing of images constitutes permission
for reprinting by the recipient.
will not be liable for the content of any submission.
ABC is committed to protecting photographers' copyrights.
Each image submitted is required by U.S. law to own the
right to, or to obtain permission to use, any image before
the image is uploaded or printed at ABC. If the Member
believes that work has been copied in a way that infringes
upon such person's copyrights, please contact ABC at the
following address and provide all relevant details.
ATTN: Copyright Protection
P.O. Box 262
Mystic, CT 06357-0262
ABC's Service is available only to individuals who can
form legally binding contracts under applicable law. If
you are not capable of forming a legally binding contract,
please do not use our Service. ABC may refuse Service
to anyone at any time at our sole discretion.
account with ABC is available for your personal,
non-commercial use. Any unauthorized use may result
in termination of your Member Service with ABC.
However, you may invite other people ("Invitees")
to view selected images in your account through
the ABC Digital PhotoCenter's share feature. The
Invitees will be able to see the images you have
selected for them but will not have access to your
entire account. These Invitees shall be bound by
virtue of a Member's invitation to use the ABC Digital
PhotoCenter's share feature, and, thereby the Terms.
Linking directly to images on ABC's servers from
external sites is expressly prohibited.
ABC reserves the right to close a Member's account(s)
and terminate a Member's Service if in ABC's sole
determination such account was set up for fraudulent
purposes or under false pretenses.
ABC needs to be able to access your Member account
for the following reasons:
enable us to remind you of your password in case
you forget it; if this becomes necessary, we send
an e-mail upon your request to the address from
which you opened your account;
To maintain our Service to you as a Member and develop
new and useful features and services for the future;
To satisfy requirements of either a court order,
subpoena, complaint or a lawful request from governmental
There is not a charge to have an ABC Membership.
ABC provides free online storage of images for its Members
for a period of 12 months from the date of the
upload of an image to a Member’s Account.
In providing you with your Membership Service, ABC may
make software from third-party companies available to
you. However, to download and utilize this software, Members
must first agree to the respective software licenses and/or
warranties required by such third parties. Each software
product is subject to the individual company's terms and
conditions, and the agreement will be between you and
the respective company, as well as part of the Terms of
ABC does not guarantee that any software you download
will be free of any contaminating or destructive code,
such as viruses, worms or trojan horses. As such, ABC
does not offer any warranty on any third-party software
you download from ABC; and your sole remedy shall be against
such third-party provider.
addition to third-party software ABC may also provide
links to third-party sites that may be of some interest
to you. However, once again, ABC does not have control
over the content or availability of the contents of these
sites. It is your responsibility to become familiar with
each site's privacy and other policies and terms of service,
and to contact that site's webmaster or site administrator
with any concerns or requests. Accordingly, although this
permission is part of the Terms of ABC's Services, Members'
sole remedy shall be against such third-party site, and
not to ABC.
Copyrights and Trademarks
ABC PhotoLab is a registered trademark, and other ABC
product names, service names, slogans or logos referenced
in this site are tradenames, trademarks or registered
trademarks of ABC. Any unauthorized use of these marks
is unlawful and will be prosecuted to the full extent
of the law. All screens, graphics and user interface characteristics
are the property of ABC PhotoLab LLC. All other company,
product or service names referenced in this site are used
for identification purposes only and are trademarks of
their respective owners.
images, text and any other content on this site are protected
by copyright, trademark, patent or other proprietary rights
and laws. Each customer owns the images and text contained
in the customer account(s), personal albums or community
albums in which customer images may be posted. The customer
may request these images via Internet download or other
storage media. A charge may apply for the services required
to facilitate this request. ABC reserves its rights in
and to all other content contained in the site. Unless
otherwise noted, all content, other than the customer's
account, personal albums or community galleries, is copyrighted
©ABC PhotoLab LLC. All rights reserved.
When you create a Membership with ABC, you will need to
provide some personal information, including, without
limitation, your name, e-mail address, and mailing address.
ABC agrees to protect and use this information as set
forth more specifically in our Privacy
U.S. Government Restricted Rights
All materials, information, software and other products
supplied by or through the Service are provided with "RESTRICTED
RIGHTS" use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in
FAR52.22724 and DFAR252.227-7013 et seq. or its successor.
Use of any of such right by the Government constitutes
acknowledgment of our or our suppliers' proprietary rights
in them. In the event that the License, or any part thereof,
is deemed inconsistent with the minimum rights identified
in the Restricted Right provisions, the minimum rights
By using this Web site you agree to indemnify ABC
and its parents, subsidiaries, affiliates, members, managers,
officers, employees, consultants and agents and hold them
harmless from any and all claims and expenses, including
reasonable attorney's fees and expenses, arising from
your use of this Service.
Any action hereunder must be brought, if at all, within
one (1) year from the actual cause of action. The parties
agree that any claims hereunder shall be subject to the
state and federal laws of the State of Connecticut, and
hereby consent to jurisdiction and venue in the Federal
Courts of the District of Connecticut, at Hartford, Connecticut.
As a Member you are responsible for compliance with all
local laws, and you are required to comply with U.S. export
laws and regulations when you use or export any software
or materials provided through the Service.
The content and/or materials available through ABC's site
are provided on an "as is" and "as available"
basis and without warranty of any kind either express
or implied. To the fullest extent permitted by applicable
law, ABC expressly disclaims all warranties and conditions
of any kind, whether express or implied, including, but
not limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
ABC makes no warranty that its site or services will be
uninterrupted, timely, secure, or error-free, or that
this site or our server is free of viruses or other harmful
components. ABC makes no warranty regarding any software,
goods, services, special offers, or the delivery of any
software, goods or services, purchased, accessed or obtained
through ABC's site or advertised through ABC's site.
Limitation of Liability
To the fullest extent permitted by applicable law, under
no circumstances shall ABC be liable for any indirect,
incidental, special or consequential damages, including,
but not limited to, damages for loss of profits, use,
data or other intangibles, even if ABC has been advised
of the possibility of such damages, that result from the
use or the inability to use ABC's site or services, from
any changes to this site or its services, or from unauthorized
access to, or alteration of, your transmissions or data.
Some jurisdictions do not allow the limitation or exclusion
of incidental, consequential or other types of damages,
so some of the above limitations may not apply to you.
Members may be interested in submitting ideas for products
and services to be used at ABC, either independent of,
or in conjunction with, our internally developed concepts.
We appreciate all customer interest in improving our Service;
however, please note our policy on external idea submission:
a. Unsolicited ideas submitted to ABC or any of
its employees automatically become the property of ABC;
b. By submitting unsolicited ideas to ABC you
automatically forfeit your right to the intellectual property
of these ideas.
you intend to own the intellectual property rights of
your ideas in any way (patent, trade secrets, copyright,
trademark, etc.) please do not submit your concepts or
prototype samples to ABC or its employees.
a message to ideas@ABCPhotoLab.com and describe ONLY the
general application. If ABC thinks there is opportunity
to pursue your idea further, we will contact you. Please
note that a proper legal agreement may need to be executed
in order to evaluate your concept(s).
The systems, services, and products, or portions thereof,
are/or will be covered by U.S. Patent laws.
may assign our rights and responsibilities hereunder without
notice to you as a Member.
items purchased through ABC are made pursuant to a shipment
contract. This means that the risk of loss and title for
such items pass to the Member upon ABC's delivery to our
a Member places an order, ABC will not bill the Member
until we ship the items ordered. ABC reserves the right
to ship partial orders (at no additional cost to you).
The portion of the order that is partially shipped may
be charged to your credit card at the time of shipment.
any part of this Agreement is held to be invalid or unenforceable,
then the Member and ABC do hereby agree that invalid or
unenforceable provision will be deemed superceded by a
valid, enforceable provision most closely matching the
intent of the original provision and the remainder of
the Terms will continue in full force and effect.
These Terms of Service constitute the entire agreement
between you, the customer as a Member, and ABC with respect
to the subject matter contained herein, including without
limitation, the Service.
of Terms of Service
Should you violate these Terms of Service or any other
rights of ABC, ABC reserves the right to pursue any and
all legal and equitable remedies against you, including,
without limitation, terminating any, and all, Member accounts.
If ABC should fail to enforce any right or provision in
these Terms of Service, members agree this failure does
not constitute a waiver of such rights or provision or
of any other rights or provisions in these Terms of Service.