image

Terms of Service

PhotoSquared Terms of Service

Welcome to PhotoSquared! PhotoSquared provides its users a fun, safe, and easy way to print and display your digital photographs. However, before you use or access the PhotoSquared Service, as defined below, please carefully review the Terms and Conditions set out below (the “Terms”). These Terms may be changed or updated from time to time, but you can always find the most recent version here.

By using the PhotoSquared app (the “App”), you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and PhotoSquared that you will use the App and its services only in a manner consistent with these Terms. If you have questions about these Terms, please contact us [link] for clarifications. Your use of the native app provided by PhotoSquared (the “Service”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, please do not access or use the PhotoSquared service.

 

User Conduct

PhotoSquared is committed to ensuring that the Service remains a fun and safe place to Process photo squares. To that end, the Service allows users to be creative with their Content. Users of the Service, may not use the Service to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that PhotoSquared believes:

  1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
  2. Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
  3. Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others;
  4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
  5. Advocates illegal activity;
  6. Violates any law or regulation;
  7. Harms anyone, including minors;

PhotoSquared has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination. Although PhotoSquared does not and will not examine or otherwise review all Content submitted or transmitted to the Service, PhotoSquared may delete, move, and edit Content for any reason, at any time, without notice.

All Content that is processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

By viewing the App, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

 

Intellectual Property

A. Ownership. You will retain ownership of your Content and any rights granted to PhotoSquared herein are granted as a license.

B. Content License. In order for PhotoSquared to provide our services to, you hereby grant to PhotoSquared and its agents, the right to copy, display, modify, distribute, transmit, and make derivative works of your Content solely for the following purposes: (a) providing the Service to you, (b) showing you how your Content would appear in a product or service offered by PhotoSquared or one of its agents or (c) improving the Service (e.g., customer support, technical support and/or vendor fulfillment). For example, we may send you images that you made at various points during your membership to remind you of your past memories.

C. Warranty. You represent and warrant to PhotoSquared that you either own your Content or have written permission from the copyright owner to make such Content available to the Service and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, trade secret right or other intellectual property or other property right of any third party.

D. Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual’s likeness in the manner contemplated in this Agreement. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to PhotoSquared.

E. Cancellation. It is the responsibility of the customer to notify PhotoSquared (by email at happy2help@photosquared.com or via the Contact Us form within the app) to cancel an order by midnight (EST) in order to receive a full refund. PhotoSquared will make every effort to cancel an order at the express consent of the customer, but will not be held responsible for charges associated with printing and shipping of any order whereas the customer did not notify PhotoSquared with ample time to cancel.

The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, please contact us [link] to address the issue.

 

Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS PHOTOSQUARED, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY “PHOTOSQUARED AFFILIATES”) FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (COLLECTIVELY “CLAIMS”), INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING ANY CLAIMS RELATED TO (i) ANY CONTENT SUBMITTED BY YOU, (ii) YOUR ACTIVITIES ON THE PHOTOSQUARED NATIVE APP OR WEB SITE, OR ANY ACTIVITIES MADE IN CONNECTION WITH YOU (OR ANY OF YOUR INVITEES) OBTAINING ANY PRODUCTS OR SERVICES FROM PHOTOSQUARED OR (iii) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

 

Limited Warranty

IN NO EVENT WILL PHOTOSQUARED OR PHOTOSQUARED AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

A. ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PHOTOSQUARED WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. PHOTOSQUARED IS IN NO WAY RESPONSIBLE FOR THE QUALITY OF THE IMAGE THAT YOU, THE USER OF THE APP, UPLOAD, MODIFY AND PRINT THROUGH THE APP’S SERVICES. IMAGES WILL BE PRINTED AT THE HIGHEST, REASONABLE QUALITY THAT PHOTOSQUARED CAN REASONABLY PROVIDE BASED ON THE ORIGINAL IMAGE’S RESOLUTION QUALITY. IF YOUR PRINTS ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, PHOTOSQUARED’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PHOTOSQUARED TO EITHER (i) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT, OR (ii) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS MINUS ANY ADDITIONAL SHIPPING CHARGES THE CUSTOMER MAY HAVE ADDED TO THE ORDER.

B. DELIVERY DAYS AND TIMES ARE PROJECTIONS PROVIDED TO PHOTOSQUARED FROM THE CARRIER AGENT. THE DATES/TIMES INDICATED WITHIN THE PHOTOSQUARED APP ARE PROPOSED DATES/TIMES AND ARE NOT GUARANTEED BY PHOTOSQUARED OR THE CARRIER. ORDERS ARRIVING AT A LATER DATE THAN THAT SUGGESTED BY THE APP WILL NOT BE ELIGIBLE FOR ANY REFUND OR CREDIT OF FEES CHARGED FOR SPECIAL DELIVERY SERVICES.

C. PHOTOSQUARED AND ITS AFFILIATES ARE IN NO WAY RESPONSIBLE FOR DAMAGE DONE TO PERSONAL PROPERTY (SUCH AS WALLS, FLOORS OR OTHER SURFACES) AS A RESULT OF THE PRODUCT OR ADDITIONS TO THE PRODUCT (SUCH AS ADHESIVES). PHOTOSQUARED AND PHOTOSQUARED AFFILIATES ARE NOT RESPONSIBLE FOR HARM OR INJURY INFLICTED ON INDIVIDUALS, BEINGS, OR PROPERTY AS A RESULT OF ANY PHOTOSQUARED PRODUCT.

D. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PHOTOSQUARED AND PHOTOSQUARED AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOSQUARED MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. PHOTOSQUARED MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE APP OR SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, PHOTOSQUARED WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Maryland, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the App or these Terms will be resolved individually, without resort to any form of class action, and shall be submitted to the alternative dispute resolution service, for binding arbitration under its rules then in effect in the Maryland area and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the App, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the App you waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Please note that this arbitration provision shall survive the termination of your relationship with us. If, for any reason, this arbitration provision is not upheld, the exclusive forum and venue to resolve any disputes arising out of or otherwise relating to these Terms or the Site will be in the state and federal courts of Maryland.

 

Modification of Terms

PhotoSquared may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by PhotoSquared will be prospective only.

Entire Agreement

These Terms constitute the entire agreement between you and PhotoSquared governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use PhotoSquared Affiliate services, third-party Content, or third-party software.

A. The failure of PhotoSquared to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

B. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Canadian Provisions

A. All Canadian-made purchases within the PhotoSquared app are subject to all applicable government and provincial taxes based upon the destination of the shipped PhotoSquared packaged. In additional, all prices listed and charged within the PhotoSquared app are listed in United States Dollars (USD) and will charge the customer’s method of payment as such. Conversions of currency will be done so by the credit card or PayPal processing platforms at the time of purchase and processing.

B. Shipping to Canadian customers will be done via UPS Standard. As such, expected delivery times are 3-6 days after the date of purchase. Note that all deliveries are made Monday through Friday. Actual delivery days/times cannot be controlled by PhotoSquared, and are contingent upon delivery schedules of UPS and any unforeseen delays with US-Canadian Customs. PhotoSquared will not be held liable for any delays in delivery outside of the projected delivery window.

Military Provisions

PhotoSquared proudly offers shipping and discounts to members of the United States Military and their families. We thank them for their service, and offer our services and discounts as a small token of thanks.

A. All orders placed shipping to a “Military Address” (APO, FPO, or DPO) will automatically be credited with a 10% military discount. The discount will be applied after the shipping address has been confirmed, and will display on the “Checkout” screen. Only one (1) discount may be applied to any PhotoSquared order, thus the military discount cannot be combined with any other discounts or promotions. The discount can be removed and a new discount code may be applied in its place by the customer at time of purchase only.

B. Shipping to Military addresses may take longer than the standard 3-5 day delivery window. All packages shipping to military addresses are shipped via USPS, and timing of delivery is contingent upon USPS and receiving processes of the military.

PhotoSquared Pics Provisions

PhotoSquared Pics is a division of PhotoSquared offering pre-curated sets of PhotoSquares. PhotoSquared makes all efforts to ensure that any and all images offered via the PhotoSquared Pics platform are available with open licenses for resale purposes. Any disputes over license rights of a PhotoSquared Pics set should be immediately be sent to happy2help@photosquared.com for review. All orders placed from PhotoSquared Pics will be processed to the best of their ability on the day the order is placed, to be shipped out via standard UPS or USPS shipping on the next business day. PhotoSquared can make no guarantees as to the actual delivery time and date of arrival.