Terms and Conditions

Welcome 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.

To begin this relationship with ABC PhotoLab LLC (herein referred to as "ABC"), please read through the following Terms of Use ("Terms") completely, 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.

[Please Note: any violation of these Terms may result in termination of your Service as a Member.]

ABC 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 waived.

Members' physical or electronic sharing of images constitutes permission for reprinting by the recipient.

ABC will not be liable for the content of any submission.

Copyright Notice
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.

ABC PhotoLab
ATTN: Copyright Protection
P.O. Box 262
Mystic, CT 06357-0262

Fax: (860) 572-8810
e-Mail: Copyright@ABCPhotoLab.com

Eligibility for Membership
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.

Member Information
 
Member Access
Your 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 Access

ABC needs to be able to access your Member account for the following reasons:

To 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 authorities.

Member's Fee

There is not a charge to have an ABC Membership.

Storage Policy
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.

Third-Party Software
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's Services.

Accordingly, 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.

Third-Party Links
In 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.

All 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.

Privacy Policy
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 Policy.

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 shall prevail.

Indemnity
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.

Liabilities
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.

Export
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.

Disclaimer of Warranties
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.

Idea Submission
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; and
b. By submitting unsolicited ideas to ABC you automatically forfeit your right to the intellectual property of these ideas.

If 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.

Instead:

Send 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).

Intellectual Property
The systems, services, and products, or portions thereof, are/or will be covered by U.S. Patent laws.

Miscellaneous
ABC may assign our rights and responsibilities hereunder without notice to you as a Member.

All 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 carrier.

When 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.

If 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.

Entire Agreement
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.

Violations 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.

  
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