Terms and Conditions

Please read these Terms of Use carefully. By using this site or submitting an order for photographs to Candid Color Systems, Inc. (“CCS”), you indicate your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site and do not submit any orders on this site. Party Pics® is a registered trademark of Candid Color Systems.

Copyright and Trademark Information

It is illegal to reproduce photographs taken by a professional photographer or copyrighted images without the permission of the copyright owner. As with any image, your possession of a copy of a digitized image does not in itself mean you have any rights to use it. The photographer generally owns the copyright of an image, and only the copyright owner or someone authorized by the copyright owner can give you permission to use the image.

CCS or the individual photographers who have authorized the use of photographs on this site own the copyrights of the photographs on this site. Except as otherwise required by applicable law, you may not reproduce, distribute, modify, retransmit, or publish any copyrighted material without the written consent of the copyright owner, including, without limitation, print or electronic reproduction, publication or any display of photography. In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by the copyright owner, or if you otherwise infringe any intellectual property rights relating to the photography, products, or this Web site, you agree to indemnify and hold CCS, its subsidiaries, affiliates, licensees and representatives harmless against any losses, expenses, costs, or damages, including reasonable attorney’s fees, incurred by them as a result of unauthorized use of the photography or products and/or your breach of the terms of this agreement.

In addition to the photographs, all screens appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as their selection, assembly, and arrangement, are the sole property of CCS and are copyrighted by CCS unless otherwise specified.

As a site user, you acknowledge that this site may contain information, data, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively “content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. All content is copyrighted as a collective work under the U.S. copyright laws, and CCS owns a copyright in the selection, coordination, arrangement, and enhancement of the content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content. You may not upload, post, reproduce, or distribute any content protected by copyright without obtaining permission of the owner of the copyright.

“Party Pics®,” “Quic Pics,” “The Photo Network™,” “Party Pic Network™,” “Race Photo Network™” and “Grad Photo Network™” are trademarks of CCS. All other marks, names, and logos mentioned on this site are the property of their respective owners.

Publication of Photographs

CCS may, but is not obligated to, monitor the information, including photographs, that could be posted on this site. Any information displayed on this site, including those protected with an event password, should be considered public information.

CCS may refuse orders for products with indecent, obscene, lewd, or illegal material or that may violate copyrights or privacy rights of others or for any other reason.

Site Content and Information

This website contains photographs, information, text, and other materials that are provided for your convenience and enjoyment. The content may contain errors, omissions, inaccuracies, or outdated information. CCS does not make any representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information.

Disclaimer and Limitation of Liability

Use of this site is at your sole risk. Neither CCS nor its affiliates, nor any of their officers, directors, or employees, agents, third party content providers, photographers, or others warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this site.

CCS PROVIDES THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CCS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE PHOTOGRAPHS, INFORMATION IN THIS SITE, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THE THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CCS will not be liable for any damage, loss, or expense of any kind arising out of, or resulting from your possession or use of the photographs, regardless of whether liability is based in tort, contract, or otherwise. In no event will CCS be liable to you for any indirect, special, incidental, consequential, or punitive damages (including any loss of profits, loss or corruption of data, loss of good will, computer failure or malfunction, or interruption of business), with respect to the photographs, any information contained in this website, other products, services, or materials offered, sold, or displayed on this site, your use of the site generally, or otherwise, regardless of whether CCS has been advised of the possibility of such damages. If the foregoing limitation is held to be unenforceable, the maximum liability of CCS and providers to you shall not exceed the amount you paid for the photographs, or other products or services you ordered through this site.

Safe Shopping Guarantee

The purchase area of this site is designed to be secure. CCS has taken measures designed to make shopping with us safe by using Secured Socket Layer (SSL) to encrypt your personal data. If you experience fraudulent use of your credit card as a result of shopping with CCS, notify your credit card company in accordance with its reporting rules and procedures.

Order Acceptance Policy

When you place an order on this site you will receive Email confirmation that CCS has received your order. Your receipt of an electronic or other form of order confirmation does not signify CCS’s acceptance or confirmation of your order. CCS reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled before it has been produced or entered into the production process, you will receive a prompt refund credit to your account. CCS reserves the right, at any time after receipt of your order, to supply less than the quantity you ordered of any item. CCS may require additional verifications or information before accepting any order. Price and availability of photographs and other products and services offered on this site are subject to change without prior notice.

Return Policy

If you are not completely satisfied with your photographs when you receive them, please contact your Event Photographer regarding his/her return policy. Your event photographer will instruct you how to return goods for replacement or the proper credit. CCS works cooperatively with the Event Photographer to ensure that all goods produced by us are acceptable to the customer.

Shipping Policy

Depending on the event photographed and the type of products ordered, items will either be forwarded to your Event Photographer for distribution to you, or they will be mailed directly to you via United States Postal Service standard delivery. Shipping and handling charges are determined by your Event Photographer and are charged to you at the time you place your order in accordance with your Event Photographer’s pricing policies.

Sales Taxes

CCS charges sales taxes, the rate of which is set at the direction of the Event Photographer. Some states require a tax on the delivery charge. You are responsible for paying applicable sales taxes. Any questions regarding sales taxes should be directed to your Event Photographer.

Miscellaneous

CCS reserves the right to make changes to this site and to these Terms of Use at any time. Any modifications will become effective when they are first posted to this site.

This agreement shall be governed by, and construed in accordance with, the laws of the State of Oklahoma applicable to agreements made and to be performed in Oklahoma. Any legal action or proceeding between you and CCS concerning this agreement shall be commenced exclusively in a federal or state court of competent jurisdiction in Oklahoma.

No waiver by either party of any breach or default under this agreement shall be deemed to be a waiver of any other breach or default. You may not assign this Agreement without CCS’s prior written consent. This agreement will be binding upon and inure to the benefits of the heirs, successors, and permitted assigns of the parties.

This agreement and any applicable policies and procedures of CCS constitute the entire agreement of the parties with respect to its subject matter and supersede all previous written or oral agreements between the parties.

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