Smiles Portraits, and the Smiles Portraits Photo Contest
TERMS & CONDITIONS
Welcome to Smiles Portraits, and the Smiles Portraits Photo Contest. By registering or using us, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to register for promotions in any manner or form.
ACCEPTANCE OF AGREEMENT:
You agree to the terms and conditions outlined in this. This Agreement constitutes the entire and only agreement between you and Smiles Portraits, and the Smiles Portraits Photo Contest with respect to your use of the promotion and services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Smiles Portraits, and the Smiles Portraits Photo Contest. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on our blog, and you should review this Agreement. You should regularly check this page for updates and/or changes.
DESCRIPTION OF SERVICES:
Visitors to our website may browse the photographs made available on our website by registered members. By registering, members can participate in any sweepstakes or contests that may be available. Unless explicitly stated otherwise, any future offer(s) made available to you that augment(s), or otherwise enhance(s), the current features shall be subject to this Agreement. You understand and agree that Smiles Portraits, and the Smiles Portraits Photo Contest is not responsible or liable in any manner whatsoever for your inability to use the Promotions, Smiles Portraits, and the Smiles Portraits Photo Contest sponsored products and/or services or any associated functionality. You understand and agree that Smiles Portraits, and the Smiles Portraits Photo Contest shall not be liable to you or any third party for any modification, suspension or discontinuation of Smiles Portraits, and the Smiles Portraits Photo Contest services and/or the Promotions.
REGISTRATION/ACCOUNT:
To register for the Promotion, you must complete and submit the registration form in studio. The information you must supply includes, but is not limited to, your full name, postal address, phone number, email address (where available) and date of birth. You may also be required to provide a photograph of your child, the age and gender of the child in any photograph submitted and your relationship to the child. You agree to provide true, accurate, current and complete information during registration and also agree to update your registration information as necessary to maintain it in an up to date and accurate fashion.
PROPRIETARY RIGHTS:
Users that submit information, photographs and/or other materials ("Content") to our promotions warrant that they have all of the rights and authority necessary to submit the Content, including the right to publish the Content. The content (other than that which is submitted to the Website by users), organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to our promotions, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Promotions is strictly prohibited. You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials. The posting of information or material does not constitute a waiver of any right in such information and materials.
EDITING, DELETION & MODIFICATION:
We reserve the right in our sole discretion to reject any Content submitted. No inappropriate, indecent or obscene photographs may be submitted for display. Smiles Portraits, and the Smiles Portraits Photo Contest reserves the right to prohibit any conduct by registered users or to remove any photographs and/or materials submitted by registered users in which Smiles Portraits, and the Smiles Portraits Photo Contest believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Smiles Portraits, and the Smiles Portraits Photo Contest to harm, damage to reputation or liability.
INDEMNIFICATION:
You agree to release, indemnify and hold Smiles Portraits, and the Smiles Portraits Photo Contest, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Smiles Portraits, and the Smiles Portraits Photo Contest, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES:
OUR PROMOTIONS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SMILES PORTRAITS MAKES NO WARRANTY THAT: (A) THE PROMOTIONS WILL MEET YOUR REQUIREMENTS: (B) THE PROMOTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE PROMOTIONS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMILES PORTRAITS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMILES PORTRAITS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMILES PORTRAITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY SMILES PORTRAITS PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE SMILES PORTRAITS, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF SMILES PORTRAITS TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY SMILES PORTRAITS PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE SMILES PORTRAITS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SMILES PORTRAITS. THE PROMOTIONS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
LEGAL WARNING:
Any attempt by any individual, whether or not a Smiles Portraits registered user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Promotion, is a violation of criminal and civil law and Smiles Portraits will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
CUSTOMER SERVICE:
If you have any questions, please email smilesportraits@gmail.com; write to Smiles Portraits, Cache Valley Mall 1300 North Main, Suite 1180 Logan, UT 84341 (435)753-6565.
