WEBSITE TERMS AND CONDITIONS OF USE
Cheshire Cat Photo, LLC ("Cheshire Cat Photo™") provides its products and services subject to your agreement to abide by the terms and conditions below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Cheshire Cat Photo indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Cheshire Cat Photo. Cheshire Cat Photo reserves the right to make changes to this site and these terms and conditions at any time.
In the course of doing business with Cheshire Cat Photo, including ordering products and/or services and while engaged with Cheshire Cat Photo's web site, you agree to the following stipulations.
You agree not to:
Transmit any unlawful content, including but not limited to that which is obscene, libelous, abusive or otherwise objectionable
Transmit any harmful or disruptive software
Reverse engineer, copy, or decompile any portion of the Cheshire Cat Photo site
Submit materials containing unlicensed copyrighted images or materials.
To comply with all applicable laws
When you order products or services from Cheshire Cat Photo, you may do so using one or more passwords you provide. You are responsible for maintaining the confidentiality of all of your passwords and you are solely responsible for all activity, including any and all orders placed, with the use of your password whether or not the use was authorized by you.
In using Cheshire Cat Photo's photo production service on the Shutterfly Pro Gallery, or the Cheshire Cat Photo Store on Zazzle®, you take responsibility for all prints and gifts that you order.
You agree to indemnify, defend and hold Cheshire Cat Photo, its officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to Cheshire Cat Photo infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site.
Under no circumstance will Cheshire Cat Photo print any illegal material. It is your responsibility to obtain any and all copyright approvals where necessary. Cheshire Cat Photo will make every effort to provide a product that exceeds customers' expectations, however, the services and products provided as part of this agreement carry no guarantees whatsoever.
Product Suitability for Use
Cheshire Cat Photo, LLC makes no warranty, representation or guarantee regarding the suitability of the products for any particular purpose or the continuing production of any product. To the maximum extent permitted by applicable law, Cheshire Cat Photo, LLC disclaims (i) any and all liability arising out of the application or use of any product, (ii) any and all liability, including without limitation special, consequential or incidental damages, and (iii) any and all implied warranties, including warranties of fitness for particular purpose, non-infringement and merchantability.
Statements regarding the suitability of products for certain types of applications are based on Cheshire Cat Photo, LLC’s knowledge of typical requirements that are often placed on Vishay products in generic applications. Such statements are not binding statements about the suitability of products for a particular application. It is the customer’s responsibility to validate that a particular product with the properties described in the product specification is suitable for use in a particular application. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. All operating parameters, including typical parameters, must be validated for each customer application by the customer’s technical experts. Product specifications do not expand or otherwise modify Cheshire Cat Photo, LLC’s terms and conditions of purchase, including but not limited to the warranty expressed therein.
Information Collection and Use
Cheshire Cat Photo expressly disclaims any interest in or ownership of clients' and customers' images deposited on this site. Cheshire Cat Photo is the sole owner of the information about customers' use of this site, and we will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. This privacy statement applies solely to information collected by this Web site.
We request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the user. As all pieces of art sold directly by Cheshire Cat Photo are custom-sized, first-edition artwork, there are no returns. Enjoy your original!
We may use IP addresses and/or cookies to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We will not share any customer information with our partners, except to the extent necessary for us to ship orders with a shipping company (e.g. FedEx) or the bank that processes credit card payments. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. This privacy statement applies solely to information collected by this Web site.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Cheshire Cat Photo is not responsible for the operation of or content located on or through any such site. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys & Contests
From time-to-time our site may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. For security information about the Pro Gallery on Shutterfly, please review information on Shutterfly's web site.
Site and Service Updates
We may also send the user site and service announcement updates.
Correction/Updating Personal Information
If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us. This can usually be done by contacting us by email at email@example.com
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site at the point where we ask for the information.
Notification of Changes
Cheshire Cat Photo shall maintain the right to change, at any time, any of the following:
The terms of this agreement; Any product or service it offers
The fees and charges for its products and services.
Copyright and Trademark Notices
This site is owned and operated by Cheshire Cat Photo. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of William F. Hackett & Cheshire Cat Photo, Copyright © 2005-2007, ALL RIGHTS RESERVED. All still images are the sole property of the photographer, William F. Hackett. All software used on the site is the sole property of Cheshire Cat Photo or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Cheshire Cat Photo's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Cheshire Cat Photo, cheshirecatphoto.com, and "Your Guide to Calfornia's Wonderland" are trademarks and/or service marks of Cheshire Cat Photo, LLC. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Cheshire Cat Photo. All other trademarks or service marks are property of their respective holders. The use of any Cheshire Cat Photo trademark or service mark without Cheshire Cat Photo's express written consent is strictly prohibited.
In the event a product or service is listed at an incorrect price or with incorrect information for any reason, Cheshire Cat Photo shall have the right to refuse or cancel any orders placed for any such product or service. Cheshire Cat Photo shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cheshire Cat Photo shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Cheshire Cat Photo reserves the right at any time after receipt of your order to accept or decline your order for any reason. Cheshire Cat Photo reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed must obtain pre-approval either by not exceeding a credit limit for the applicable corporate account or with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
Cheshire Cat Photo shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within New Jersey or California, orders whose originator is within New Jersey or California, or to orders where the billed credit card's address is within New Jersey or California, except for orders placed by corporate-account customers with resale status (application and approval required). Each customer shall be solely responsible for any and all sales or other applicable taxes that may be due.
Service and Support
All requests for technical service and support should be made to Cheshire Cat Photo. Cheshire Cat Photo will provide technical support in accordance with its policies.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE OR THE SOFTWARE MAY NOT BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF Cheshire Cat Photo OR ITS AGENTS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
NEITHER CHESHIRE CAT PHOTO NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE, THE SOFTWARE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CHESHIRE CAT PHOTO ARISING FROM ANY ORDER MADE THROUGH THE SITE SHALL BE THE TOTAL PRICE OF SUCH ORDER.
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Alameda in the State of California. In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Cheshire Cat Photo's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. We reserve the right to refuse service to anyone.
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