Terms of service
OVERVIEW
This website is operated by Photolaboratory, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Photolab Berkeley and/or Photolaboratory, LLC. Photolaboratory, LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing, visiting, or using our site (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), and/ or purchasing something from us (or enabling someone else to access, visit, or use the site and/or purchase something from us), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. These Terms of Service are a binding legal agreement between you and us. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You agree that these Terms of Service are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the site and/or Services and the materials and information available. In addition to these Terms of Service, we have established a Privacy Policy to explain how personal information and data is or may be collected and used by us. Please review the Privacy Policy carefully, as by using our site and Services, you may be agreeing to allow us to collect some personal information and data about you.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Any changes made to the Terms of Service will become effective when a modified version of the Terms of Service are posted to the site and/or Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or Service following the posting of any changes constitutes acceptance of those changes. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by following the account termination procedures. It is your obligation to ensure that you read, understand, and agree to the latest version of the Terms of Service. The legend at the top of the Terms of Service indicates when it was last changed and updated.
Our store is hosted on Shopify Inc. (“Shopify”). Shopify is a third-party entity, outside our control, that provides us with the online e-commerce platform that allows us to sell our products and Services to you. Use of Shopify is subject to its own policies, namely Shopify’s terms of service and privacy party. We do not control, update, or change these policies. It is your responsibility to review, know, adhere, and agree to Shopify’s policies when using Shopify.
THE SITE AND RELATED SERVICES, APPLICATIONS, AND FEATURES PROVIDED BY US ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF SERVICE SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE SITE OR SERVICES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF SERVICE GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THE SITE AND DO NOT USE THE SERVICES, APPLICATIONS, AND OTHER FEATURES PROVIDED BY US AS AVAILABLE ON THE SITE OR OFFERED BY US IN ANY OTHER FORMAT.
SECTION 1 - ONLINE STORE TERMS
You must be at least eighteen (18) years old or the age of majority in your jurisdiction to use this Site and/or make purchases using the Service. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If you are from the ages of thirteen (13) through seventeen (17), or under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service. If you are under the age of thirteen (13) years old, you do not have permission to use our site or Services.
By using our site or Services, you represent and warrant that you have the legal capacity to enter into a binding contract.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or other intellectual property laws). You agree not to use the Site in any way that violates any applicable laws or regulations, infringes on the rights of others, is fraudulent, deceptive, or misleading, or that interferes with or disrupts the Site or its servers. You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in the termination of your Services, and may result in you being banned from accessing, visiting, or using the site or Services in the future.
You agree to pay all amounts when you submit an order using the Services. You will provide us with valid and updated credit card information or another acceptable form of payment. If you provide credit card information, you represent that you are authorized to use the card and you authorize us to charge the card for all payments hereunder. By submitting payment information, you authorize us to provide that information to third-parties for purposes of facilitating payment. You agree to verify any information requested by us for purposes of acknowledging or completing any payment.
If you believe a payment has been processed in error, you must provide us with written within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute ("Payment Error Notice"). Respective of our any other applicable company policies, if the Payment Error Notice is not received by us within such thirty (30) day period, the payment may be deemed final.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. This includes the right to refuse or cancel any order for any reason.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
When using the site and Services, you agree to comply with all applicable U.S. federal, state, and local laws, regulations, statutes, regulations, and the like. The site and Services are protected by U.S. federal and state copyright and trademark laws. No portion of the materials on the site and Services may be reprinted, copied, republished, modified, used to create derivative works, publicly displayed, published, transmitted, distributed, or otherwise exploited in any form without our express written permission. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Unless otherwise explicitly specified, the site, Services, and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the site and Services, and any and all copyrightable material (including source and object code) (collectively, the “Site and Service Content”) and all intellectual property rights to the same are owned or controlled by Photolaboratory, LLC, Photolaboratory, LLC’s licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the site and Services are owned by Photolaboratory, LLC, Photolaboratory, LLC’s licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title, or interest in the site, Services, or any Site and Service Content. Any rights or remedies not expressly granted in these Terms of Service are expressly reserved.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
While we will take all commercially reasonable steps to ensure that the site and Services available to you on a twenty-four (24) hour, seven (7) days a week basis, we cannot guarantee that access to the site or Services will always be continually accessible. We will make updates to the site and Services from time to time. A refresh of the site and Services by you may be required after an update. If, in the rare instance or occasion, an update requires a complete and temporary shut-down of the site, software, and Services, we will make commercially reasonable efforts to ensure such downtimes are quickly resolved. Notwithstanding the above, in addition to other rights set forth in these Terms of Service, we reserve the right to suspend any sites or Services (1) in connection with a Force Majeure event, (2) if we believe, in our sole discretion, any malicious software is being used in connection with an account, or (3) during planned downtime. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services.
Certain products or Services may be available exclusively online through the site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. In addition, we reserve the right to change, suspend, or discontinue any features, components, or functions of the Services at any time.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the site (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. When you access a non-Photolaboratory website or are provided with information from a non- Photolaboratory website, please understand that it is independent from Photolaboratory, and that we have no control over the content, accuracy, timeliness, or completeness of information on that website. These third-party links are not Services under these Terms of Service and are not subject to any of the warranties, service commitments, or other obligations with respect to Services hereunder. We do not control third-party offerings or links, are not responsible for examining or evaluating the content or accuracy of any information provided by these third-party links, and we do not warrant or accept any liability or responsibility for any third-party materials or websites, products, or services. The availability of any third-party offerings or links through the Services does not imply our endorsement of or affiliation with the third-party provider.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that specific applicable third-party.
YOUR USE OF THIRD-PARTY OFFERINGS, SERVICES, OR LINKS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS, SERVICES, OR LINKS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS, SERVICES, OR LINKS).
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION AND PHOTOLABORATORY INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
All right, title, and interest in any data or information collected by us independently and without access to, reference to, or use of any of your data, will be solely owned by us.
You agree that we own all Aggregated Data. You also agree that nothing in these Terms of Service will prohibit us or our affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or is reasonably linkable to any specific user or household.
Our Privacy Policy governs how we collect and use personal information and data that is submitted through the Services. By accessing or using the Services, you agree that you have read and accept the Privacy Policy. Without limitation, you acknowledge and agree that we may process your data for the purpose of providing the Services and related functions, such as billing and customer or user support, as well as to send direct marketing communications, data science, and product or service improvement and reporting. You represent and warrant that you are authorized to process your data and make such data available to us for uses as set out in these Terms of Service and the Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, or otherwise remove any copyright, trademark, or other proprietary rights notice from the Services; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten or discriminate against anyone, especially based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents, or programs, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) attempt to gain access to the Services or related systems or networks in a manner not permitted by these Terms of Service; (m) restrict or inhibit any other person or entity from using the Services; (n) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (o) systematically download and store Services content; or (p) use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Additionally, you may not:
a. disable or otherwise interfere with the site’s or Services’ security-related features;
b. collect or harvest any personal information or data from the sites and/ or Services (e.g., user names, passwords, mail addresses, etc.);
c. solicit other users to join or become members of any commercial service or organization without our prior written approval;
d. attempt to or interfere with, impair, or disable the proper working of the site or Services;
e. decompile, reverse engineer, disassemble, or modify any website or service source or object code, software, other products, services, or processes accessible through any portion of the site or Services;
f. make and/or distribute copies of the site or Services;
g. use network-monitoring software;
h. encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
i. use the site and Service in a manner that suggests an association with any of our products, services, or brands; or
j. engage in any conduct that restricts or inhibits any other user from using or enjoying the site and/or Services.
Collecting personal information from children under the age of thirteen (13) (singularly a “Minor Child” and plural as “Minor Children”) through the site and Services is prohibited. Minor Children, or anyone under the age of thirteen (13) years old, are not eligible to use the site and Services, and we asks that they do not submit any personal information and data to us.
To create an account with us through the site or Services, you must be over the age of sixteen (16). Children under the age of sixteen (16) will not be allowed to create an account or input their own personal information or data. Children under the age of sixteen (16) will need their parent or legal guardian to create an account and input personal information and data on their behalf.
In the event that a parent or legal guardian voluntarily submits his, her, or their Minor Child or Minor Children’s personal information and data through the site or Services, their Minor Child or Minor Children’s personal information and data will therefore be collected and all other provisions of this Terms of Service Agreement and any and all policies incorporated herein by reference apply to their Minor Child or Minor Children. In these instances, we are not responsible for the entry of a Minor Child’s personal information and data.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE SITE OR ON THE SERVICES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES OR THROUGH THE SERVICES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, SERVICES, AND HYPERLINKED WEBSITES.
YOU UNDERSTAND THAT ALL USER CONTENT POSTED TO THE SITE IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY USERS OF THE SITE OR SERVICES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS PHOTOLABORATORY, LLC’S REPRESENTATIVES OR ANY OF PHOTOLABORATORY, LLC’S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE SITE OR SERVICES DO NOT NECESSARILY REFLECT PHOTOLABORATORY, LLC’S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE CONTENT. UNDER NO CIRCUMSTANCE WILL PHOTOLABORATORY, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY SITE OR SERVICES CONTENT.
PHOTOLABORATORY, LLC, AND ITS AFFILIATES, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF PHOTOLABORATORY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE SERVICES, THESE TERMS OF SERVICE, AND/OR SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, SITE-RELATED SERVICE, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
In no case shall Photolaboratory, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, hold harmless, and pay Photolab Berkeley, Photolaboratory, LLC, and any of Photolab Berkeley’s or Photolaboratory, LLC’s subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (1) your access to or use of the site and/or Services, (2) your actual or alleged breach of these Terms of Service or the documents they incorporate by reference, (3) any actual or alleged breach of any representation, warranty, or covenant that you have made to us, (4) your acts or omissions, (5) your violation of any law, or (6) your violation of the rights of a third-party. You agree to cooperate fully in the defense of any claim that is the subject of your obligations hereunder.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between us and you pertaining to the subject matter of this agreement. In our sole discretion, we may modify these Terms of Service by posting the revised version on the site and you agree that each visit by you to the site is a new transaction governed by the Terms of Service linked on the site at that time. When using any of the Services following an update to the Terms of Service, you may be asked to confirm that you have received, read, and agreed to the updated Terms of Service; even without such explicit acknowledgment, your continued use after an update to the Terms of Service will constitute agreement to the Terms of Service.
Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Service to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
SECTION 18 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.
You agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by final, confidential, and binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS and before a single neutral arbitrator mutually selected by the parties. The arbitration shall be conducted in the English language.
You agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You consent to the exclusive jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County, California.
For the sake of clarity, nothing in this paragraph shall affect our ability to seek from a court injunctive or equitable relief at any time.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@photolaboratory.com.
Our contact information is posted below:
Photolaboratory, LLC
Photolab
info@photolaboratory.com
2235 Fifth Street, Berkeley, CA 94710
510-644-1400
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]