The Album Cafe | Terms of Service

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The Album Cafe.com

Terms and Conditions of Use

Date of Last Revision: February 12, 2009

Welcome to the Album Cafe! We love photography and design, and we love helping you become more efficient! This site is designed to help photographers and promote camaraderie, but for the protection of our partners, suppliers, you and us, reading and understanding the Terms of Use of TheAlbumCafe.com are very important.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED ON THIS SITE AND DO NOT MAKE ANY PURCHASES. YOUR PURCHASE OF PRODUCTS OR USING THIS SITE IMPLIES THAT YOU AGREE TO THESE TERMS.

The Album Cafe (the "Site") is owned and operated by The Album Cafe, LLC ("Album Cafe"). These Terms and Conditions of Use ("Terms of Use") apply to your access to, and use of, the Site, your purchase of any templates, actions, or other products ("Products") from Album Cafe. However, these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Album Cafe, or its subsidiaries or affiliates, for products, services or otherwise. Your use of the Site and the Services and your purchase of Products is subject to, and expressly conditioned upon your agreement to, these Terms of Use. If you are using the Site or the Services or are purchasing Products on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf, and that such entity agrees to be responsible for and indemnify you and Album Cafe for violations of these Terms of Use.

Album Cafe reserves the right to modify or change any provision of these Terms of Use, and any policy or guideline governing your use of the Site, at any time in its sole discretion. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of this Site or the Services or the purchase of any products following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms of Use and applicable policies or guidelines on the Site, to understand the terms and conditions applicable to your use of the Site or the Services or your purchase of any Products. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policy or guideline on the Site, your sole recourse is to stop using the Site and the Services and to not make any purchases.

A. GENERAL TERMS

1. Privacy

The Album Cafe believes strongly in user privacy. Please refer to the Site's Privacy Policy for information on how we collect, use and disclose personal information from users of the Site. Your use of the Site signifies your acknowledgment of, and agreement to, the Site's Privacy Policy. If you are a resident of any country outside the United States, including, without limitation, any country within the European Union, you understand and agree that we store and process your personal information on computers located in the United States, and that by providing any information to Album Cafe, you consent to the transfer of such information to the United States.

2. Sales Terms

Additional terms also apply to the purchase of templates and other products ("Products") from The Album Cafe through the Site, as set forth in Section B below ("Terms of Sale"). Please refer to our Terms of Sale for the additional terms, conditions and policies applicable to your acquisition of Products from the Album Cafe. By ordering Products from Album Cafe, you agree to be bound by and accept the Terms of Sale, which are a part of these Terms of Use.

3. Copyright And Limited License

Title, copyright, intellectual property rights and distribution rights of Album Cafe’s Products remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Products.This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Album Cafe’s Products for use by one or more third parties, outside of their domicile or studio.

4. Copyright Complaints

Album Cafe respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, we ask that you contact us at info@thealbumcafe.com .

5. DISCLAIMER OF WARRANTIES

THE SITE, THE MATERIALS, THE PRODUCTS AND THE SERVICES (INCLUDING WITHOUT LIMITATION THE HOSTING SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALBUM CAFE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES AND THE INFORMATION, CONTENT, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THE SITE.

THE ALBUM CAFE DOES NOT REPRESENT OR WARRANT THAT INFORMATION, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE ALBUM CAFE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR LIKE. THE ALBUM CAFE ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU PURCHASE.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE ALBUM CAFE OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OR COPYING OF PHOTOS, IMAGES OR OTHER CONTENT HOSTED ON THE SITE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE ALBUM CAFE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ALBUM CAFE'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ALBUM CAFE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE ALBUM CAFE FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. Indemnity

You agree to indemnify and hold harmless the Album Cafe and its affiliates and subsidiaries (collectively, the "Indemnified Parties"), and the Indemnified Parties' independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any product you purchase or download, including without limitation any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

8. Applicable Law

Your use of the Site is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Davidson County, Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

9. Assignment

The Album Cafe may assign any of its rights or obligations under these Terms of Use to (a) any subsidiary or affiliate; (b) any entity that acquires all or substantially all of the assets of the Album Cafe; or (c) any entity that acquires all or substantially all of the Album Cafe's interest in the Site, the Services and/or related assets from the Album Cafe. You understand and agree that in the event such a transaction occurs, your personal information may be transferred as described in the Site's Privacy Policy.

10. Severability

If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

B. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")

These Terms of Sale shall form a part of the Terms of Use applicable to your purchases of any Products from the Site. These Terms of Sale are subject to change without prior written notice at any time, in Album Cafe's sole discretion. By placing an order for Products, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and the Album Cafe, these terms and conditions may NOT be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these terms and conditions. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale shall control.

1. Pricing; Payment Terms

All prices are listed in U.S. dollars and are valid until altered by us. The Album Cafe currently accepts Paypal payments, VISA, MasterCard, Discover, and American Express credit cards. The Album Cafe reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. You agree to reimburse the Album Cafe for any and all costs incurred in collecting amounts owed by you to the Album Cafe, including, without limitation, attorneys' fees and costs of collection agencies.

2. Shipping Terms and Policies

We endeavor to provide an immediate download link after payment has successfully been processed. However, orders may take longer, depending on the item. We will not be responsible for any delays in shipment.

3. Return Policy

Because of the electronic nature of our product there are no refunds.

4. Product Availability and Pricing

The Album Cafe may revise or discontinue products at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices are subject to change without notice.

5. Product Descriptions; Pricing; Errors

The Album Cafe attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that product descriptions, photographs, pricing or other content of this site is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

6. Disclaimer of Warranties

THE ALBUM CAFE EXPRESSLY DISCLAIMS AND EXCLUDED ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO PRODUCTS, DELIVERIES, OR OTHERWISE.