ClarkColor.com Terms and Conditions
Welcome to ClarkColor.com. ClarkColor.com provides users with a fun, safe and easy way to print, design products, store and share their photographs. However, before you enter the ClarkColor.com site (the "Site") or use any of the ClarkColor.com services, it is important that you carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. We suggest that you periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept the Terms and that you agree to be bound by and subject to them. Acceptance of the Terms creates a binding legal agreement between you and Clark Color Labs that you will use the Service only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at CustomerService@ClarkColor.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service.
The ClarkColor.com Service is available to you if you submit certain requested information to Clark Color Labs, including (but not limited to) your name and correct email address. In addition, by using the Service, you agree to provide Clark Color Labs with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).
Please refer to "Termination" for more terms affecting your account.
II. Digital Image Storage.
ClarkColor.com offers free, unlimited storage of online photos to Members who maintain Active Participation, making a purchase within the last 12 months. There is no limit to the Content you can upload. When you upload image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, if you upload an image with more than eight mega-pixels of resolution, ClarkColor.com may in its discretion down-sample the image regardless of the upload speed you choose.
You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
Please refer to the section "Termination" for more terms affecting the storage of digital images.
We are committed to ensuring that our Service remains a fun and safe place to print, digitize, store and share photographs and other content. Users are encouraged to use the Service to post creative material, including (without limitation) photographs, digital images, links, and comments (the "Content"). To this end, we require that every user of the Service agrees not to use this Service to post, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the ClarkColor.com Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.
Clark Color Labs has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Clark Color Labs does not and will not examine and review all Content submitted or transmitted to the Service, Clark Color Labs has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit and share. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that Clark Color Labs in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Clark Color Labs (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
IV. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service for any commercial purposes.
V. Third Party Software.
As a convenience to our users, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider.
By downloading third party software, you acknowledge and agree that Clark Color Labs does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Clark Color Labs makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall Clark Color Labs (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
What You License to Clark Color Labs
When you use our Service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition of use, you hereby grant Clark Color Labs a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition of use, you represent and warrant to Clark Color Labs that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.
Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that Clark Color Labs is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. Clark Color Labs has the absolute right to terminate your account or exclude you from the Site if you use the Service to violate the intellectual property rights of third parties.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Clark Color LABS, (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.
IX. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. Clark Color LABS WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR FILM(S), PRINT(S), OR NEGATIVE(S) ARE DAMAGED, LOST OR NOT RETURNED, YOU AGREE TO ACCEPT A FULL REFUND OF THE PURCHASE PRICE, AN EQUIVALENT AMOUNT OF UNEXPOSED FILM AND A FREE FILM PROCESSING VOUCHER(S) FOR SUCH FILM AS YOUR SOLE AND EXCLUSIVE REMEDY AND AS THE LIMITS OF OUR LIABILITY, AND ANY RECOVERY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES IS EXCLUDED.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Clark Color LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Clark Color LABS MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. Clark Color LABS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH THE ClarkColor.com SITE OR THAT ARE ADVERTISED ON THE ClarkColor.com SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
X. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, Clark Color LABS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
You agree and acknowledge that Clark Color Labs, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including, but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by Clark Color Labs elsewhere on the Site;
b. Conduct that Clark Color Labs believes is harmful to other ClarkColor.com users, the business of Clark Color Labs, or other third party information providers; and
c. Conduct that violates the letter or spirit of these Terms.
Further, you agree that Clark Color Labs shall not be liable to you or any third-party for any termination of your access to the Service.
XII. Choice of Law
The state and federal courts of Maryland shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of Maryland.
XIII. Modification of Terms
You agree that Clark Color Labs reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Clark Color Labs shall be prospective only.
XIV. Entire Agreement
These Terms constitute the entire agreement between you and Clark Color Labs and govern your use of the Service, superseding any prior agreements between you and Clark Color Labs. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of Clark Color Labs to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XV. Reporting Violations
You can report abuse of these Terms to CustomerService@ClarkColor.com.