Searsphotos.com Terms and Conditions Introduction
Welcome to the searsphotos.com web site. Searsphotos.com services are provided by CPI Corporation (herein referred to as "searsphotos.com"), an authorized licensee of Sears, Roebuck and Co. ("Sears"). The following Terms and Conditions govern the Members' use of this site and the services provided through this site.
Searsphotos.com membership and the use of the services (referred to as the "Services") constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so please read the following information carefully:
1. Membership Agreement - Last updated on May 7, 2010. Searsphotos.com membership (referred to as "Membership") is available to individuals at least 13 years of age, who submit certain requested information to searsphotos.com, including but not limited to name and valid email address. In addition, Members agree to provide searsphotos.com with accurate, current and complete information about themselves when the Service requests such information.
Members create an initial searsphotos.com account for free. Online services such as viewing, sharing and uploading pictures are included with the Service. Members automatically receive a six month Membership upon account creation. Images from a Sears Portrait Studio sittings must be added to an active searsphotos.com account within 60 days of the date they are scanned. If the images are not claimed within 60 days, the scanned files are removed and are no longer available. These terms and conditions are subject to change at any time. All Members will be notified of any changes via an email sent to the email address on file in searsphotos.com records. This online document will be updated to reflect any and all changes. A Member's use of searsphotos.com after any modifications of the Terms and Conditions signifies that the Member agrees to be bound by the revised Agreement.
2. Fees and Payments Fees for searsphotos.com products and services shall be determined by searsphotos.com's price structure, as prices may be amended from time to time. Member is responsible for payment of all fees, charges, and taxes accrued on the Member's account under this Agreement. All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. Members are not entitled to any credits, rebates, or refunds for times when the Service is down or otherwise unavailable. All fees and charges are nonrefundable, although searsphotos.com may refund certain fees or charges at its discretion. Members are responsible for any fees or charges incurred to access searsphotos.com through an Internet access provider or other third party service.
3. Copyrights and Trademarks Product names, service names, slogans or logos referenced on searsphotos.com, are trademarks or registered trademarks of Sears and searsphotos.com. All other company, product names, service names, and software referenced or used in this site are trademarks of their respective owners and are used for identification purposes only.
All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. Members of searsphotos.com may not copy or distribute such material without the copyright owner's prior written consent. Members may use these materials for personal and non-commercial use only, so long as the materials are not modified and any copyright or other proprietary rights notices contained in the materials are not removed. Each Member owns the images and text contained in their searsphotos.com account. Sears reserves its rights in and to all other content contained in the site. Unless otherwise noted, all content, other than the member's account and personal images, is copyrighted ©Sears, Roebuck and Co. All rights reserved.
If you have questions regarding possible violation of your copyright posted to the searsphotos.com website, please contact:
Thomas Perez 1706 Washington Ave. St. Louis, MO 63103 314-231-1575 Ext. 3300 copyright@cpicorp.com
4. Submissions and Affiliated Server Members may NOT submit any material to searsphotos.com that could infringe or otherwise violate the rights of privacy, publicity, copyrights or other rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, if applicable) who are depicted in the material. Members are encouraged to use the Service to post creative material, including (without limitation) film, photographs, digital images, and comments (the "Content"). Searsphotos.com and Sears have the right to monitor content and all areas on the searsphotos.com site, but are not required to do so. To this end, searsphotos.com and Sears require that every user of the Service, whether or not such user is a Member, agrees not to use this Service to process, digitize, post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:
a) Content that searsphotos.com and Sears 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 searsphotos.com Service. e) Content that advocates illegal activity, or that harms minors in any way.
Searsphotos.com and Sears have 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. Members acknowledge that although searsphotos.com and Sears do not and will not examine and review all Content submitted or transmitted to the Service, searsphotos.com and Sears have the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to searsphotos.com through this site is the exclusive property of Sears. Sears is entitled to use any information submitted for any purpose without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to searsphotos.com and accepts responsibility for its accuracy, appropriateness and legality.
5. Member Copyrights Searsphotos.com and Sears respect the intellectual property rights of others. If Members believe that their copyright in a work has been violated through the searsphotos.com site or Service, please visit http://www.searsphotos.com and contact Customer Care. Members must provide Customer Care with the following information, which searsphotos.com or Sears may then forward to the alleged infringer: a) Description of the copyrighted work that may be infringed; b) Identify the material on the searsphotos.com site that may infringe the work, with enough detail so that searsphotos.com may locate it on the site; c) Affirmation of ownership of the copyright interest involved or authorized to act on behalf of that owner; d) A statement that the disputed use is not authorized by the copyright owner, its agent, or the law; e) Declaration under penalty of perjury that the information provided is accurate; f) Member's address, telephone number, and email address; and g) Member's physical or electronic signature. Upon receiving the complaint, searsphotos.com or Sears may remove Content that Members believe infringes their copyright. In addition, searsphotos.com or Sears may terminate the account of the Member who appears to be infringing the intellectual property rights.
6. What Members License to Sears When Members join searsphotos.com they become a participant in an online community of people who enjoy taking pictures and sharing photographs. In order for Sears to make Members' photos available to them and their invitees, as well as to use images to offer Members searsphotos.com special variety of online services, Sears needs the rights to make use of all Content on the site, in accordance with, and subject to, these Terms. Accordingly, as a condition to Membership:
Members hereby grant Sears 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 Members, solely for the purpose of providing the Service, including the fulfillment of any orders Members or their album invitees place. No ownership rights are claimed by Sears regarding any image contained in any Members' photo album. Members remain the owner of all Content submitted to the Service and as a condition to Membership, Members represent and warrant to Sears that they are the owners of the copyright to Content submitted to the Service or that they have written permission from the copyright owner to submit such Content.
7. Termination of Service By Member: Members may terminate the Membership Agreement at any time. Termination of the Membership Agreement also terminates these Terms and Conditions. To terminate the Membership Agreement, Members must visit http://www.searsphotos.com and contact Customer Care. After receipt of the termination request, searsphotos.com will deactivate the account and delete any images contained in the account.
By searsphotos.com: searsphotos.com and Sears reserve the right to cancel the Service or to discontinue accounts which have been inactive for more than 180 days. Searsphotos.com or Sears may do so at its discretion after sending an email notification to the address the Member submitted to searsphotos.com. Members who do not respond to the email within 10 days may have their accounts deactivated and images deleted. Additionally, searsphotos.com and Sears may terminate the Membership Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's User ID. Searsphotos.com, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.
Continuing Obligations After Cancellation: Termination or suspension of an account does not relieve Members of any accrued obligations, including payment of any charges due in connection with an account. Members are responsible for payment of all such charges.
8. Indemnity Members agree to indemnify, defend and hold harmless searsphotos.com and Sears, (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 Members' accounts (including negligent or wrongful conduct) by Members or any other person accessing the services using Members' accounts.
9. Limited Warranty All products and services available through searsphotos.com are provided on an "as is" and "as available" basis. Members use of the service is at their own risk. Any material downloaded or otherwise obtained through the use of the service is done at Members' own discretion and risk. Members will be solely responsible for any damage to their computer systems or loss of data that results from the download of any such material.
10. Liability Restrictions Searsphotos.com and Sears are not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions. Under no circumstances will searsphotos.com, Sears or their suppliers be liable for any damages or injury that result from the use of the materials on this site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, in which case the above limitation may not apply.
11. Applicability of Content Information on searsphotos.com includes descriptions of products and services available in the continental United States of America only. This site is operated in the State of Missouri, United States of America, and searsphotos.com and Sears make no representation that content provided is applicable or appropriate for use in other locations.
12. Enforcement of Terms and Conditions These terms and conditions are governed and interpreted pursuant to the laws of the State of Missouri, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions. It is the right of searsphotos.com and Sears to revise these terms and conditions at any time by updating this posting. We recommend that our customers periodically review these Terms and Conditions for changes.
13. Third-party Links Searsphotos.com may provide links to other sites that are not maintained by searsphotos.com or Sears. Searsphotos.com and Sears do not endorse these sites and are not responsible for the content of such other sites. These sites may be partners, advertisers, or affiliates of searsphotos.com and Sears. It is the Member's responsibility to become familiar with each site's policies, including but not limited to privacy and terms and conditions, and to contact that site's Webmaster or site administrator with any concerns.