NanoSnap Terms of Service (11/21/09)

Thank you for visiting NanoSnap! This document ("Terms") constitutes a binding agreement between You and NanoSnap, LLC ("NanoSnap") in exchange for allowing You the use of NanoSnap.com, its affiliated websites, online and offline services and enabling you to purchase products or services from us (herein collectively referred to as "Services"). Your use, continued use, or any transactions with us constitute your acceptance of these Terms which govern your use of our Services.

Please note that You must be at least 18 years old to use our Services. NanoSnap does not sell to, or attempt to provide services for, children under 18 years. If You are under 18, You are hereby prohibited from using NanoSnap's Services, except in the case where You are at least 13 years old and your parent or guardian agrees to these Terms.

Kindly note that the policies that follow are subject to change in whole or in part from time to time, without notice, so you should visit this page on an ongoing basis to check for changes. By using NanoSnap's Services, you agree to the terms & conditions set forth in this document. If you do not agree to the terms & conditions, please stop using our Services immediately.

Please note that NanoSnap reserves the right to immediately terminate your use of our Services and remove or discard Content that you have submitted to us for any reason whatsoever and at any time, without notice, whether or not You are in compliance with these Terms.

Submitted Content

In the course of using NanoSnap's Services, you may submit Content to us. Content is defined as any information, arrangement of words or text, media, electronic files (including but not limited to pictures, illustrations and photographs) that you submit to us in the process of using our Services.

By submitting Content to our Services, you warrant that you possess the right or permission to submit the Content to our Services and that your Content complies with all U.S. laws and regulations, and that this Content:

a) Is not abusive, defamatory, libelous, threatening, obscene, pornographic or inappropriate;

         b) Does not infringe on any rights (copyrights, intellectual property rights, etc.) possessed

         in the Content by others;

         c) Does not cause harm to minors or other persons; and

d) Does not contain viruses, worms or code, that the files you submit are not corrupt and do not contain programming or code that may be harmful to our systems or interrupt our Services.

You also warrant that you possess the rights necessary to submit the Content to us. If you are not the owner of the Content, and do not have permission to submit the Content to us, then do not submit your Content. If NanoSnap suspects that You do not have sufficient rights to submit the Content to us, NanoSnap may ask for proof of ownership of the Content or a signature release from the owner of the Content, showing that you retain the right to use or reproduce the Content using our Services.

By submitting Content to us, you warrant the above and grant us a worldwide, non-exclusive, royalty-free right to reproduce, copy, adapt, transmit, modify, display, distribute and use submitted Content in connection with our Services, and to reproduce Content as necessary to fulfill any orders You place. Ownership of the Content is otherwise maintained by its author.

NanoSnap reserves the right to reject any Content you submit to us at any time and for any reason and will not be required to provide the reason for any such rejection. If you are purchasing merchandise from us that utilizes the Content you have submitted and subsequently had rejected, we will, of course, provide you with one of the following remedies: a) an opportunity to submit replacement Content that conforms to our policies; or b) cancellation and refund of your order.

NanoSnap has built reviews into its production processes to help prevent the infringement of copyrights. If you are the owner of Content and suspect that others have submitted Content to our Services in violation of your copyright, kindly contact us at:

         NanoSnap, LLC

         Carriage House

         295 Main St

         Chatham, NJ 07928        

NanoSnap's Content

In the course of submitting Content to NanoSnap, You will likely submit such Content as part of templates or designs provided by NanoSnap. NanoSnap retains exclusive ownership and rights over all designs and templates, NanoSnap trademarks, logos and intellectual property. NanoSnap provides you with a limited, non-exclusive, non-commercial right to access NanoSnap's designs, templates, and content solely in connection with creating photo gifts as part of your use of our Services. You may not sell, copy, modify, adapt, transmit, publish or otherwise use NanoSnap's content, designs, trademarks, logos or intellectual property except as required to create photo gifts utilizing NanoSnap's Services. You are specifically prohibited from creating photo gifts using NanoSnap's Services and having them printed or reproduced by another company.

NanoSnap hereby prohibits utilizing NanoSnap's Services via third-party software, or creating such software, without prior written consent from NanoSnap or unless NanoSnap makes available to you an Application Programming Interface (API) expressly for such purposes and gives you written notification that you may utilize such API. You are hereby prohibited from attempting to circumvent NanoSnap's technical and security measures, or reverse engineer NanoSnap's software, to create any such third-party applications or software.

Policies Governing Submission of Content

Please note that the privacy of all submissions of Content and any information that you provide in the use of NanoSnap's Services or purchase of our merchandise will be governed by our Privacy Policy. Please read the Privacy Policy, located at http://www.nanosnap.com/privacy.aspx, since your use of NanoSnap's Services is an acceptance of both our Privacy Policy and these Terms.

Please note that all submitted Content is stored indefinitely in NanoSnap's servers, systems, and backups and that NanoSnap is under no obligation to remove such Content even if You request its removal.

Content Restrictions

The only permissible file type to upload to our Services is a JPEG file. The maximum file size for

upload may be capped at 10 MB.

Color Reproduction

Please note that the reproduction of colors (as they appear on your monitor in your use of our Services, versus how they appear in the merchandise you may receive from us) is not exact, due to variations in computer monitors. Although the reproduction of color will not be exact, we do strive to achieve a reasonable facsimile. If you are unhappy with your merchandise, please feel free to contact us for a replacement or refund.

Errors in User-Submitted Content

You agree that NanoSnap will not be responsible for errors, omissions, or defects in the Content that you submit or add to your products, including but not limited to errors in text, or the poor quality of digital photos.

Purchasing Merchandise

When purchasing merchandise from NanoSnap, payment must be made in full via credit or debit card at the time of purchase. Due to the customized nature of much of our merchandise (and subsequent loss of resale value), we do not process orders that are not paid in full at time of purchase. You will be responsible for the payment of all applicable taxes and shipping & handling fees. When you submit credit card details to NanoSnap, you warrant that you have the right or permission to charge your purchase to the credit card or debit card you provide and that the details you have provided are accurate.

Account Security

When signing up to use NanoSnap’s Services, you must create an account with us. This account will link the email address you provide us to the information we collect about and from you as outlined in NanoSnap’s Privacy Policy.

As part of creating this account, you will be asked for a password. It is solely your responsibility to choose a password of sufficient complexity (containing uppercase and lowercase letters, numbers, and special symbols) to thwart attackers. You are prohibited from sharing your password or account with others, since the creation of your account is an acceptance of this Privacy Policy and NanoSnap’s Terms of Service.

NanoSnap has taken technical precautions to safeguard the password you choose; however, once again, no technology is 100% secure. For this reason, we strongly recommend that you choose a unique password for NanoSnap’s website(s) and Services, so that if your account or password is compromised, your activities at other websites will not be compromised as well. NanoSnap does not and cannot guarantee the safety of your account or any password you choose, and you should act accordingly.

Pricing and Shipping & Handling

In calculating its pricing, NanoSnap may provide discounts for high-volume quantities of a single item that you would like to purchase. Please note that when ordering customized items (e.g., our custom printed 5x7 Photo Cards) that an "item" constitutes one template (or series of templates that form a product) that has the same design, Content and layout and is produced multiple times.

In contrast, where we offer shipping & handling discounts based on volume, such discounts are typically calculated based on the volume of a single type of product (e.g., 5x7 Photo Cards), regardless of whether the design, Content and layout of all individual pieces are the same.

Errors in Pricing

NanoSnap may choose to publish pricing and shipping & handling schedules on its website, but you acknowledge that any order(s) you place may be canceled and refunded in the event that either the pricing or shipping & handling are incorrect or posted in error. NanoSnap will solely determine whether pricing and shipping & handling fees are correct and posted correctly, and cannot be held responsible for errors in pricing in its Services.

Additionally, assuming that the pricing for your order is correct, you acknowledge that the final price of the sale will be the amount displayed when you checkout from NanoSnap's website(s), and that you will not be entitled to any discounts or coupons that have expired, that may become available after you have placed your order, or that you failed to apply to your order when checking out.

Shipping

NanoSnap reserves the right to ship partial orders. Once an order has been passed to

NanoSnap's shipping carrier, title and risk of loss pass to You.

Cancellations

You may only cancel an order up to one hour after it is placed. This restriction is stated clearly in

in the checkout process when using NanoSnap's Services.

NanoSnap reserves the right to reject, cancel, and/or refund any order at its discretion, for pricing errors or otherwise.

Holiday Lead Times

Please note that NanoSnap may publish suggested lead times for orders pertaining to holidays (e.g., Christmas or Hannukah). Typically, such lead times will be expressed with a "place order by" date and time. Holiday volumes are difficult to accurately forecast, and "place order by" dates and times may change at any time at our discretion, and we may refuse additional orders for the holidays, or reject and refund orders we have already received. The absolute best policy would be to place orders well before the “place order by” dates.

If we are unable to produce and ship your merchandise to You in time for a holiday, and you have placed your order by the "place order by" date and time, You will be given the opportunity to: a) proceed with your order knowing that it will not arrive in time, or b) accept a cancellation and refund of your order (even outside of the cancellation period as described above). If You complied with our "place order by" restrictions, you were not notified that your order might arrive after the intended holiday and given the opportunity to cancel, and the order arrived after the intended holiday, you may either keep the merchandise or return it for a refund. You are not entitled to both the merchandise and a refund.

Suggestions & Improvements

Our customers’ thoughts, suggestions and ideas about how we can improve or modify our Services are important to us. However, in order to provide NanoSnap with the freedom to implement any suggestions that you give us regarding our website(s) or Services, you acknowledge that any ideas you submit regarding the website(s) or Services will solely become the intellectual property of NanoSnap, and you will retain no rights or ownership in the idea.

Export

You are entirely responsible for complying with all United States export laws and regulations.

Privacy Policy

Please note that NanoSnap's Privacy Policy (available at http://www.nanosnap.com/privacy.aspx) is part of these Terms and your use of the Services constitutes your agreement with the Privacy Policy in addition to these terms.

Limited Liability

NanoSnap attempts to maintain reasonable uptime of the Services, but cannot be held responsible for disruption or outages of its Services or the services of the third parties it contracts with who are necessary to the operation of the Services.

Furthermore, NanoSnap is not and does not wish to be a photo storage service. Uploading your Content to the Service in no way obligates us to maintain or store your Content, so you should make diligent backups of the Content you intend to submit to us. Consequently, we maintain no responsibility for providing you with copies of Content that you have submitted to us.

All time frames that NanoSnap quotes are estimated time frames (excluding the section, "Holiday

Lead Times" above) and NanoSnap cannot be held responsible if orders arrive outside the time frame. Excluding any published Holiday Lead Times (which may be longer), if NanoSnap cannot ship an order within 30 days of your submission of an order, you will be entitled, at most, to a full refund of the order.

Submitting any Content to NanoSnap for our Services constitutes an acknowledgement by you and your agreement that regardless of fault on the part of NanoSnap, its employees, representatives, or any related entity, any damage to that Content or your computer or any loss of data will support only a claim for replacement with a like amount of processing to a maximum value of $100. 
 

Indemnity

By using our Services you agree to indemnify, defend and hold harmless us, our affiliates, distributors, licensors, advertisers, sponsors and our and their directors, officers, members, managers, employees, consultants, agents and other related parties, from and against any and all claims, damages, losses, expenses (including reasonable attorneys fees and costs) and other costs that result specifically from your violation of these Terms of Service, or arise generally from your use of our Services. 

No Warranties

NanoSnap makes no warranty of any kind or description, whether express or implied, of our Services.  This disclaimer of warranty specifically includes any warranty that the computers and servers by which our Services are made available are free of viruses or other harmful components.  Recovery for any incidental or consequential damages is specifically excluded to the maximum extent permitted by applicable law. 

Jurisdiction and Governing Law

This agreement is governed by the laws of New Jersey, without regard to the principles of conflicts of law.  The exclusive jurisdiction for any dispute arising from use of our Services shall be the State of New Jersey and specifically the state courts located in Morris County, or for Federal courts, the United States District Court located in Newark, New Jersey.  

Severability

If any provision of these Terms or the application thereof to any person, place or circumstance, is held by a court of competent jurisdiction to be invalid or otherwise unenforceable in whole or in part, such provision shall still be enforceable to the extent possible and the remainder of this agreement shall remain fully valid and enforceable.