Last Updated Date: February 15, 2021
Please only order prints from us if you own the rights to the image or have approval from the rights owner! If we suspect that your images are downloaded off the internet or are otherwise not approved for printing and we cancel your order, we will change the shipping fee to a non-refundable copyright violation fee.
DO NOT send us images of celebrities/athletes/superheroes/fan art to print as these are most likely under copyright and without their permission we cannot print them. If you have express permission from the copyright holder you can contact us for further evaluation.
By using our service You agree to indemnify and hold Fromex Photo Lab, Inc and Qprints.com and their directors, officers, employees, consultants, agents, representatives, affiliates, distributors, partners, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys’ fees) that may arise from us printing images you send us.
QPRINTS TERMS OF SERVICE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) AT LEAST 18 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Qprints.com (the “Site”). These Terms are subject to change by Fromex Photo Lab, Inc. / Qprints.com (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
1. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Please only order prints from us if you own the copyright or have approval from the copyright owner! If we suspect that your images are downloaded off the internet or are otherwise not approved for printing we will cancel your order and change the shipping fee to a non-refundable copyright violation fee.
PLEASE DO NOT send us images of celebrities/athletes/superheroes/fan art to print as these are most likely under copyright, and without their express written permission we cannot print them. If you have express written permission from the copyright holder you can contact us for further evaluation.
2. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) All normal orders ship for a $9.95 flat rate within the continental US. Shipping to locations outside the continental US, including Alaska and Hawaii will be charged at full cost.
(c) We also offer Next Day Express shipping at either $55.00 or the actual cost, whichever is more.
(d) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(e) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Orders will not be completed until we have accurate and complete billing information and your card has been charged. Generally we charge the total amount for your order immediately prior to printing your order. If for any reason your billing information does not work, we will contact you for additional information.
(f) We accept Visa, Mastercard and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check https://qprints.com/shipping/ for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Shipping Damage, Order Issues, Returns and Refunds.
(a) We take great pride in our work, but mistakes do happen - let alone shipping damage. If your order has been damaged during shipping, please contact us immediately (within 24 hours if possible, but a maximum of calendar 10 days) and let us know the extent of the damage, what needs to be redone, and any information you may posses about the shipment that may have led to the damage. You must provide pictures of the packaging/box as well as the damaged prints, and we may request that you return the order for inspection - please do not throw out any of the prints or packaging until you have talked to us.
(b) For orders that have been completed improperly by us, please let us know what was wrong, and we will gladly redo the order and send it back to you. We may issue a call tag through UPS so we can inspect the order.
(c) It is your responsibility to ensure that images sent to us are suitable for printing, and that you have ordered the correct quantity, and have approved the final price of the order. We generally do not refund orders. We may redo an order to fix a mistake or to replace damaged prints.
(d) We will not issues refunds for images that are ordered that you decide you do not want, or quantities that you enter incorrectly.
5. Intellectual Property Issues.
(a) Materials Submitted by Customer. Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
(a.i) You will retain ownership of such user submitted materials and you grant us and our designees irrevocable rights and license for use in production of any product or service you request. We use User Submitted Materials ONLY in connection with products or services we provide that you request, and for NO other reason. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment ONLY.
(a.ii) Please note that, while you retain ownership of your User Submitted Materials, any template, layout or design in which you arrange or organize such User Submitted Materials through tools and features made available through Qprints.com are not proprietary to you, and such template, layout or design shall be the sole and exclusive property of Qprints.com.
(b) Copyright Ownership and Permission to Print.
(b.i) WHEN ORDERING PRINTS FROM US YOU REPRESENT AND WARRANT THAT YOU POSSESS ALL NECESSARY RIGHTS WITH RESPECT TO THE USER SUBMITTED MATERIALS, AND THAT THE USER SUBMITTED MATERIALS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION OR OTHERWISE VIOLATE ANY COPYRIGHT, TRADE SECRET RIGHT OR OTHER INTELLECTUAL PROPERTY OR OTHER PROPERTY OR PROPRIETARY RIGHT OF ANY THIRD PARTY, AND THAT THE IMAGES ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE.
(b.ii) You agree to indemnify and hold Fromex Photo Lab, Inc and Qprints.com and their directors, officers, employees, consultants, agents, representatives, affiliates, distributors, partners, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from:
(b.ii.B) your User Submitted Materials; and/or
(b.ii.C) your activities in connection with obtaining any products from Qprints.com.
If we see images we are unsure of, and we know who the copyright holder is, we may contact them to ask if you have permission to make prints.
(c) The Digital Millennium Copyright Act of 1998 (the “DMCA”). The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Site and Apps or products produced therefrom infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Site and Apps should be sent to:
Fromex Photo Lab, Inc. / Qprints.com
6370 El Cajon Blvd
San Diego, CA 92115
6. Color Correction.
We offer color correction on all orders for an additional cost per image. We highly recommend you ask for color correction unless you know that you are good at it and have color corrected your images on a quality monitor that has been calibrated.
(a) Please keep in mind that correcting jpeg images is not the best way to go and that there is only so much correction that can be applied to an image. If your images are shot in the wrong white balance, or are very under or over exposed, they may not be salvageable. YOU AFFIRM THAT IN SUCH CASES WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES.
(b) ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
7. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
8. Resale or Export.
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. If you are reselling the images you purchase from us, please ensure We have a resale certificate on file for you. Please see: https://qprints.com/resale/. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction.
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fromex Photo Lab, Inc. / Qprints.com.
14. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Qprints Photo Lab, 6370 El Cajon Blvd, San Diego, CA 92115 or via email: email@example.com.
(c) Email: firstname.lastname@example.org. We may update the email address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.
These Terms and all policies appearing on this Site and in relation to the Site and service we provide will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.