i) Website: http://www.smilingsnaps.com
ii) Client: Any person who visits the Website and/or places an order on the Website.
iii) Provider: Smiling Snaps Productions LLC and its agents.
iv) Slideshow: A customized montage made by Provider from pictures sent by the Client.
2. CLIENT PROPERTY
Provider accepts digital pictures from Clients through the online Pictures Upload page on Website or on electronic media like CD, DVD, Memory Card etc. The Client may also submit photo prints for the Provider to scan and convert into digital format. THE CLIENT UNDERSTANDS AND AGREES THAT PROVIDER WILL NOT BE HELD LIABLE IF THE ELECTRONIC MEDIA AND/OR PHOTO PRINTS GET LOST OR DAMAGED. The Client agrees to mail all such materials in a secure package using an insured and traceable mailing service. Before mailing any digital media and/or photo prints to Provider, the Client agrees to retain a backup copy and/or original negatives of all materials. All costs for shipping the digital media and/or photo prints to Provider are to be borne by the Client. After an order is placed, the Client has a maximum of SIXTY days to deliver the pictures to Provider. After this time, the order may be cancelled by Provider. After that if the Client chooses to avail Provider's services, a new order would need to be submitted at the then-prevailing prices.
Provider retains Copyright to all Slideshows and to all materials available on Website, including, but not limited to, photographs, clip art, graphics, animations, video (analog or digital), music and/or text. Any sort of reproduction of Website content or a Slideshow (DVD or Online), without written permission from Provider, is prohibited. The Provider reserves the right to use only those music/songs that the Provider can purchase legally, on behalf of the Client. By placing an order for a Slideshow, the Client authorizes Provider to purchase music, songs and/or videos on the Client's behalf. All such music purchased by Provider under such authority will only be used for making the Client's Slideshow. Provider will not use the music for any other purpose. The Client acknowledges that the Slideshow will be for private use only and will not be used in any manner that violates copyrights of entities that own the music copyright. The Client agrees that the Slideshow will not be used for public viewing, commercially marketed, or commercially sold for any profits. Provider or its agents shall not be liable for any suites, judgments, legal fees, or any other expenses that may arise from any copyright infringements against the Client. Further, the Client certifies that any digital pictures or photo prints submitted to Provider are owned by the Client and the Client holds copyright to all such materials. Provider reserves the right to review all materials submitted by Client and, not to use materials that, in its sole discretion, contain or represent sexual, racist, violent, criminal acts, or any combination of these. Such a review by the Provider is not mandatory and the Client agrees to indemnify Provider of any claims that may arise due to Copyright violation and/or contents of any materials provided by the Client.
Soon after an order is placed, Provider will send the Client an email detailing the total price of the Slideshow. Errors and Omissions Excepted. The Order can be modified only if both parties agree in writing, in which case, a new price may be sent by Provider to the Client. Provider at its sole discretion, may cancel and terminate an order at any time. After the Slideshow is ready, Provider agrees to show the Client an online preview. The online preview may be of low resolution quality and may be watermarked to prevent unauthorized viewing or copying. It may or may not be the same as what the Slideshow would eventually be on a DVD- though every effort would be made to minimize the differences between the preview and the actual Slideshow on DVD. After watching the preview, the Client may request Provider to make minor modifications to the Slideshow, which Provider will make every attempt to implement and may show the Client a second preview, if requested. If the second preview is not approved by the Client, Provider at its sole discretion, may either choose to make a third preview for the Client or may cancel and terminate the order. Upon approval of a preview, the Client would send the payment of the total price to Provider. Upon successful realization and verification of payment completion, Provider will mail the Slideshow DVD to the Client using a traceable mailing service. Any digital media and/or photo prints submitted to Provider by the Client will also be returned by using a traceable mailing service. The online preview of the Client's Slideshow will remain available for viewing on the Internet for 2 months. Some countries impose Duty/VAT/Taxes on imported goods. If Client lives outside the United States, the Client must check with local Tax/Customs department to find out if any of these apply. The Client is responsible for paying such charges, if any.
5. PRODUCT QUALITY
All Slideshows are made with the intention of preserving and/or enhancing the quality of pictures provided by the Client. Some pictures may be cropped, retouched or digitally enhanced to increase the visual appeal of the Slideshow. The length of the Slideshow varies from case to case and while Provider makes all reasonable effort to adhere to the Client's requirements, there may be deviations that cannot be avoided. The final Slideshow is provided to the Client on a disc which may be DVD-R, DVD+R or BD-R disc. Before mailing, Provider tests all discs to ensure that they run on a standard DVD/Blu-ray player. These are the most popular writable disc formats in the market and they are compatible with most home DVD/Blu-ray players. Before placing an order, the Client agrees to verify that such media is compatible with their DVD/Blu-ray player. After a DVD/BD has been mailed to the Client, no refunds will be issued for any reason, including but not limited to, disc incompatibility. The disc is provided "AS IS" and has no warranty of any kind.
6. REFUNDS POLICY
All payments are non-refundable. The Client makes a payment only after seeing a preview and approving the Slideshow. After a disc has been mailed to the Client following a payment, no refunds will be issued. If the disc is damaged in the mail, the Client may return the same at the Client's cost and Provider will mail a replacement. If the Client requests any changes to be made to the Slideshow after receiving delivery of the disc, extra charges will apply and Provider will send an estimate of such charges to the Client. If the Client agrees to the charges, the Provider will attempt to make the changes requested.
7. PRODUCTION TIME
Provider will make all reasonable efforts to produce the Slideshow DVD/BD as soon as possible, but the production time cannot be guaranteed. Extra charges for Rush Orders are applicable in case of, but not limited to, situations where the Client needs to receive the disc within two weeks. These two weeks start from the time the Provider receives all the pictures from the Client. In case of Rush Orders, Provider will make their best efforts to keep the Client's deadline, but in case the Slideshow cannot be completed by then, the Client may cancel the order. Once the disc is mailed out, Provider will not be responsible for delays in the mail. Under no circumstances shall Provider be held liable for not being able to produce the DVD by a certain date or time.
8. LIMIT OF LIABILITY
THE Client EXPRESSLY UNDERSTANDS AND AGREES THAT Provider SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO, THEFT OR LOSS OF THE CONTENT, INCLUDING DIGITAL MATERIALS AND PHOTO PRINTS PROVIDED BY Client, DAMAGE TO DVD/BLU-RAY PLAYERS, COMPUTERS, OR OTHER EQUIPMENT, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM, BUT NOT LIMITED TO, PRODUCT DEFECTS, ACCIDENT, MISUSE, ACTS OF GOD OR OTHER CIRCUMSTANCES. WITHOUT LIMITING THE FOREGOING, THE Client UNDERSTANDS AND AGREES THAT THE SUBMISSION OF ANY CONTENT TO Provider, INCLUDING WITHOUT LIMITATION THE DOWNLOAD OR UPLOAD OF ANY MATERIAL, IS DONE AT THE Client’s OWN DISCRETION AND RISK, AND THAT THE Client WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO THE Client’s CONTENT, INCLUDING DIGITAL MATERIALS AND PHOTO PRINTS, OR ANY DAMAGE TO THE Client’s COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. THE Client IS SOLELY RESPONSIBLE FOR CREATING BACKUPS OF CONTENT, INLCUDING DIGITAL MATERIALS AND PHOTO PRINTS. IN THE EVENT OF ANY MISTAKE BY Provider, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, Provider's LIABILITY WILL ABSOLUTELY BE LIMITED TO THE COST OF REPLACEMENT MEDIA. WHILE Provider STRIVES TO PROVIDE ACCURATE INFORMATION ON THE Website, THE INFORMATION IS PROVIDED ONLY AS A GUIDE. Provider RESERVES THE RIGHT TO CORRECT TYPOGRAPHICAL AND OTHER ERRORS AT ANY TIME. Provider DOES NOT HOWEVER, WARRANT OR GUARANTEE ACCURACY OR COMPLETENESS OF ANY INFORMATION, AND IS NOT LIABLE FOR ERRORS OR DAMAGE CAUSED AS A DIRECT OR INDIRECT RESULT OF THE USE OF THE Website.
Provider will never sell, rent, lease, or otherwise disclose the Client's personal information to any third-party organization EXCEPT when required by law enforcement authorities or court orders or legal processes. Digital pictures, photo prints and other materials submitted by the Client will only be used for making the Slideshow DVD, except when the Client has given explicit written permission for the pictures to be used in promotional materials produced by Provider. The Client's contact information will only be used for communications regarding the Client's Slideshow and/or for occasional promotional messages from Provider. The Client may request to "opt-out" of these messages at any time by contacting Provider at email@example.com