Please read these Terms of Service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the digital and film photography services provided to you by The Darkroom online photography service, provided through The Darkroom, or co-branded retailer sites (collectively, the “Service”).
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
Part A: Provisions applicable to all Users of the Service (Whether Registered or Not)
This Service is operated by Swan Photo Labs inc. DBA The Darkroom. A company under the laws of the State of California.
The Darkroom is also referred to in these Terms as “we” and “us”.
2. Purpose of the Service
The Darkroom . offers analog & digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices.
3. Backup your data
The Darkroom requires that you maintain a backup copy of all images and content stored on the Service such that in the event of a catastrophic data loss on the Service, your images will be also be available on your local computer or archived media. The download or upload of any material through the service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any material. You are solely responsible for creating back-ups of your digital content. We are not an image backup or long term storage service provider. You should always keep backup copies of your photos stored safely on a device or service specifically designated and intended for backup purposes.
The Darkroom uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of The Darkroom … Every reasonable step will be taken by The Darkroom to minimize such disruption where it is within the reasonable control of The Darkroom You agree that The Darkroom shall not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify The Darkroom, Photo Finale ®, Lifepics or third parties and their products and services are proprietary marks of The Darkroom , and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of The Darkroom or any third party with respect to any such image, logo or name.
The Darkroom is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.
8. Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact The Darkroom at [email protected] You must provide the following information, which The Darkroom may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your physical or electronic signature. Upon receiving your complaint, The Darkroom may remove content that you believe infringes your copyright. In addition, The Darkroom may terminate the account of the member who appears to be infringing your intellectual property rights.
9. External Links
From time to time The Darkroom may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. The Darkroom does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that The Darkroom is not liable for any loss or damage that you may suffer by using other websites.
10. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to The Darkroom for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Virginia. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Virginia.
These Terms constitute the entire agreement between The Darkroom and you with respect to your use of the Service. The Darkroom’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us via our contact form at http://www.thedarkroom.com/contact
Part B: Provisions Applicable to Registered Members and Customers
To purchase from or register as a member of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify The Darkroom immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
16. Formation of a Binding Contract
No contract will exist between you and The Darkroom for the supply of any services or products unless and until The Darkroom accepts your order by a confirmatory e-mail, SMS/MMS message or other appropriate means of communication.
17. Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.
18. Copyright in Your Images
The Darkroom does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to The Darkroom a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.
You agree not to use the Service:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to The Darkroom, Inc;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to upload, post, email or otherwise transmit any material which is likely to cause harm to The Darkroom or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
g. to make images hosted by The Darkroom available for viewing by the general public through a publicly posted link to the image or otherwise;
h. for any commercial purpose.
You further agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
b. provide any information to The Darkroom that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
20. Monitoring of Content
The Darkroom does not control the content of members’ accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
21. Suspension and Termination of Access and Membership
You agree that The Darkroom may at any time without notice:
a. refuse to accept your application to become a member of The Darkroom;
b. move or suspend any part of the Service; or
c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in The Darkroom sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires The Darkroom to do so.
22. Disclaimer of Warranty and Limitation of Liability
The Darkroom agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, The Darkroom SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY The Darkroom “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, The Darkroom DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO The Darkroom , AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, The Darkroom SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY The Darkroom , SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, The Darkroom WILL BE LIABLE ONLY FOR THE COST OF THE ORDER.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, The Darkroom SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, The Darkroom SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF The Darkroom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
LIMIT OF LIABILITY
LIMIT OF LIABILITY STATEMENT
Submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT that any loss or damage to it by our company, subsidiary or agents, even though by our negligence or other fault, will only entitle you to replacement with an equivalent quantity/size of unexposed photographic film or electronic media. Except for such replacement, our acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. No expressed or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media)
I (Customer) acknowledge and agree that my submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to replacement with an equivalent quantity/size of unexposed photographic film or electronic media, and processing of the replacement media. Except for such replacement, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media with Declared Value Option)
I (Customer) acknowledge and agree that my submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to replacement with an equivalent quantity/size of unexposed photographic film or electronic media, and processing of the replacement media, unless I have declared a higher value below, and have paid the premium for that value in advance. Except for such replacement, or payment of the declared value if applicable, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media plus Prints)
I (Customer) acknowledge and agree that my submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to 1) replacement with an equivalent quantity of unexposed photographic film or electronic media, 2) processing of the replacement media, and 3) the same number of prints from the next media submitted by me to you. Except for such replacement and prints, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.