Please carefully review this Terms of Use Agreement (“Agreement”).
Turning Pages, L.L.C. (“Turning Pages,” “us,” or “we”)
provides software and publishing services that enable customers to create and modify
collections of images and other media (“Books”). Our software,
services, and features (“the Services”) can be accessed through the
Turning Pages Website (“the Website”) at www.turningpages.com.
By accessing or using the Website, you expressly agree to the terms of this Agreement
whether you are a Registered User (one who has registered and set up an account
with Turning Pages) or an Unregistered User (one who simply browses or visits the
Website but who has not registered or set up an account with Turning Pages).
As used below, the term “User” refers to both Registered and Unregistered
Users. By accessing or using the Website you also expressly agree to be bound
by the Privacy Policy listed on the Website.
We may modify or update this Agreement from time to time without prior notice.
We may also modify, add to, delete, and/or discontinue any or all parts of the Website
without prior notice. Your continued use of the Website following any modification
or update means you accept any changes made. We reserve the right to restrict
access to any or all parts of the Website without notice or liability. If
you do not agree to the terms of this Agreement, you may not use the Website or
the Services offered on the Website.
In the event that you are required to download additional software or other items
in order to receive the Services discussed herein, you hereby expressly agree to
be bound by any additional terms and conditions associated with such downloads.
If there is a conflict between the terms of this Agreement and the terms and conditions
associated with such downloads, a particular portion of the Website, or associated
with a particular Service, the latter shall govern your use of that portion of the
Website or that particular Service.
Accuracy of Information Provided to Turning Pages
You represent and warrant that all registration information you submit is truthful
and accurate, and that you will maintain the accuracy of such information.
You also represent and warrant that you are thirteen (13) years of age or older
and that your use of the Website and the Services does not violate any applicable
law or regulation.
User Accounts
Upon registering with Turning Pages you may create an account (the “Account”)
on the Website. This Agreement will remain in full force and effect while
you maintain your Account, use the Services, or visit the Website. This Agreement
and/or your Account may be terminated at our sole discretion and without warning
if we believe that you have violated any term of this Agreement or of the Privacy
Policy. Even after any termination of your Account, certain sections of this
Agreement may remain in effect. You hereby agree that the termination of this
Agreement and/or your Account may involve the deletion of your information as well
as any content that you uploaded to your Account. You expressly agree that
Turning Pages will not be liable to you or any third party for terminating your
Account, or for deleting your information or content.
You agree to maintain the confidentiality of your password and other information
related to your Account. You agree not to use the Account, username, or password
of other Registered Users and you shall notify us immediately if you have reason
to suspect any unauthorized use of your Account. Any and all use of your Account
is your sole responsibility.
Sales
You will be responsible for the payment of any and all fees associated with such
purchases, and you agree to pay such fees to Turning Pages as set forth on the Website.
Such fees include any and all applicable taxes, such as sales, use, and value-added
taxes, as well as import duties for Books or other products delivered overseas.
Any and all charges for customs clearance will be paid by you. You agree that
all title and risk of loss to each shipment of Books or other products purchased
by you shall pass to you when Turning Pages makes these shipments available to a
carrier. You must be at least eighteen (18) years of age to purchase Books
or Services on the Website.
When purchasing Books, Services, or other products, you may be required to provide
us with a valid credit card number. We only accept payment through VISA, MasterCard,
American Express, and Discover. You may also be required to provide us with
associated payment information at the time of your order. Such information
may include your name as it appears on the card, the credit card type, the date
of expiration of your credit card, the billing address, and any activation numbers
or codes needed to charge your card. No cash or checks will be accepted for
payment.
All agreements between you and your credit card company govern your use of that
credit card. You should refer to those agreements, and not this Agreement,
to determine your rights and liabilities as a cardholder. You agree that we
need not provide you with any further notice or consent before we charge your credit
card for all fees and amounts due and payable as a result of your purchase of any
Books, Services, or other products. If we do not receive payment from the
issuer of your credit card or its agents, you expressly agree to pay all amounts
due to Turning Pages upon demand by Turning Pages or its agents. Our prices
and billing methods may change at any time, without notice, and you agree to be
bound by any such changes once made.
Return Policy
At Turning Pages we are proud of our products and guarantee your satisfaction.
That's why we guarantee our products against any defect due to manufacturing.
Please be sure to preview your projects closely before placing your order.
Turning Pages is not responsible for any errors or mistakes that customers make
on their orders.
For example, Turning Pages is not responsible for:
- spelling or punctuation errors;
- poor image quality from low resolution images;
- errors made when editing a photo through cropping, border selection, or other user-controlled
enhancement features; or
- errors in order quantity.
If you are not satisfied with your order, please contact us at support@turningpages.com.
Even if it turns out to be one of the user errors listed above, we will be happy
to work with you to correct the error. All items must be returned to Turning
Pages within 30 days of receipt.
User Content
As used herein, the term “User Content” shall include any text, files,
images, photos, video, sounds, works of authorship, and other material that you
upload and/or otherwise include in your Books, submit to Turning Pages for Books
or Services, or that you contribute to the Books of other Users. User Content
shall also include any of the above materials that you post in any of our public
forums, share with other Users through the Services, or feedback that you provide
to us. Turning Pages has no ownership in any User Content and you are solely
responsible for any and all User Content that is posted by or through your Account.
This includes any User Content that you may have received from a third party.
Turning Pages Content
The Services and the Website may contain images, photographs, phrases, artistic
works, and other content created by and/or for Turning Pages and its licensors (“Turning
Pages Content”or “Our Content”). Turning Pages and its licensors
own and retain all proprietary rights in the Turning Pages Content and the Services.
Unless you have been given written permission to the contrary by Turning Pages,
you may not use, reproduce, distribute, publically perform, or create derivative
works based on the Turning Pages Content. You may, however, display and/or
reproduce Turning Pages Content to the extent necessary in viewing the Website,
creating your Books, and using the Services.
Prohibited Content
As used herein, the term “Prohibited Content” includes any content that
could be construed to be illegal, offensive, harassing, false, misleading, in furtherance
of illegal activity, involving the exploitation of anyone in violation of applicable
law, in violation of someone’s privacy, soliciting passwords or personally
identifying information for commercial or unlawful purposes, threatening, obscene,
defamatory, or libelous, or in furtherance of harm to any individual or group of
individuals.
You expressly agree not to post Prohibited Content to the Website or the Services.
Such content shall be deemed to be Prohibited Content at the sole judgment and discretion
of Turning Pages. Although we are under no obligation to do so, Turning Pages
has the right to review and delete any User Content that, in the sole judgment and
discretion of Turning Pages, violates this Agreement, constitutes Prohibited Content,
threatens the safety of any User or any other person, or creates liability for Turning
Pages, its licensees, partner companies, or any User.
Although Turning Pages has no obligation to do so, Turning Pages reserves the right
to investigate and take action against Users who violate this provision or any other
provision of this Agreement. Actions taken by Turning Pages may include removing
Prohibited Content from the Services, terminating your membership, reporting you
to law enforcement authorities, and taking legal action against you.
Use of User Content
Under this Agreement, you expressly grant a non-exclusive, worldwide, fully-paid
and royalty-free license (“License”) to Turning Pages to reproduce and
distribute your User Content for the purpose of printing the Books that you order.
You represent and warrant that you own or otherwise have the right to grant the
License set forth above in this section for the User Content that you upload on
the Website, provide to and post on the Services, contribute to other Registered
or Unregistered Users, or otherwise provide to Turning Pages for reproduction and/or
printing in a Book. You also represent and warrant that your User Content
does not violate the privacy rights, publicity rights, copyright rights, trademark
rights, or other rights of any person or entity.
Copyright Policy
Turning Pages will delete all User Content, and may terminate the Account in accordance
with the Termination Policy for Repeat Infringers set forth herein, of any User
who repeatedly infringes the copyright rights of another party upon timely notification
to Turning Pages of such repeated infringement. If you are a copyright owner
or an agent thereof and you believe that your work has been copied and posted on
the Service, used in a Book, or posted or otherwise used on the Website in any way
that would constitute copyright infringement, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing as outlined in 17 U.S.C. §512(c)(3):
(i) a physical or electronic signature of the owner
of the right that is allegedly infringed or a person authorized to act on their
behalf;
(ii) 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 the copyrighted works;
(iii) identification of the material that is claimed
to be infringing and information reasonably sufficient to permit us to locate the
material on the Service or the Website;
(iv) information reasonably sufficient to permit
us to contact the owner or agent, such as an address, telephone number, and email
address;
(v) a written statement that the owner or agent 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
(vi) a statement that the information in the notification
is accurate, and under penalty of perjury, that you are the owner or are authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
The contact information for our designated Copyright Agent for receiving notifications
of claimed infringement is:
Mr/Mrs/Ms _________________
Turning Pages, LLC
Attn: Copyright Agent
555 Address Street
City, State, Zip Code
email: copyright@turningpages.com
Telephone: (585) XXX-XXXX
Termination Policy for Repeat Infringers
In an effort to protect the rights of copyright owners, Turning Pages has adopted
and maintains the following policy for the termination, when appropriate, of Registered
Users of the Website who are repeat copyright infringers. All Registered
and Unregistered Users must be on notice that should Turning Pages directly or indirectly
become aware of actual or alleged repeat offenses involving the prevailing copyright
laws of the United States, codified in Title 17 of the United States Code, by a
User of the Website, any and all Services provided by Turning Pages to such a repeat
offender, including but not limited to registration to the Website, maintenance
of an Account, and production of one or more Books may be terminated within seven
(7) business days of such determination or less.
For purposes of this policy, a “Repeat Offender” may be a User who has
been notified by Turning Pages, either via email or in writing, of an actual or
alleged copyright infringement associated with the User on three (3) or more separate
occasions. Such a determination will be made at the sole discretion of Turning
Pages and Turning Pages is not required to seek judicial validation of any kind
in making this determination. All decisions to terminate the Services provided
by Turning Pages to such a Repeat Offender will be final. Turning Pages may
but is not required to make a good faith effort to provide notice to the Repeat
Offender upon making such determination and prior to termination. Turning
Pages also reserves the right to terminate any and all Services provided to a User
after a single violation of the terms contained herein.
Trademark Ownership
The trademarks, service marks, trade dress, and logos displayed on the Website and/or
included in the Turning Pages Content are owned by Turning Pages. All rights
are reserved. You may not use, copy, modify, or otherwise exploit these trademarks,
service marks, trade dress, and logos without the prior written consent of Turning
Pages.
Use of Public Forums
If you use a Public Forum on the Website such as a chat room, message boards, or
blogs, you are solely responsible for your own communications, the consequences
of posting those communications, and your reliance on any communications found in
the Public Forums. You agree that, in consideration for having access to the
Public Forums, the following actions shall constitute a material breach of this
Agreement:
- Using a Public Forum for any purpose in violation of local, state, national, or
international laws;
- Posting material that infringes on the intellectual property rights of others or
on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful, or embarrassing to any other person or entity as determined
by Turning Pages in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or
posting comments that are not related to the topic being discussed (unless it is
clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses,
without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing
comments
- Posting the same note more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using
or enjoying the Public Forum or the Website, or which, in the judgment of Turning
Pages, exposes Turning Pages or any of its customers or suppliers to any liability
or detriment of any type.
Turning Pages reserves the right (but is not obligated) to do any or all of the
following:
- Record the dialogue in the Public Forums.
- Investigate an allegation that a communication does not conform to the terms of
this section and determine in its sole discretion to remove or request the removal
of the communication.
- Remove communications which are abusive, illegal, or disruptive, or that otherwise
fail to conform with this Agreement.
- Terminate access to any or all Public Forums and/or the Turning Pages Website upon
any breach of this Agreement.
- Monitor, edit, or disclose any communication in the Public Forums.
- Edit or delete any communication posted on the Turning Pages Website, regardless
of whether the communication violates the terms of this Agreement.
Turning Pages or its licensors have no liability or responsibility to Users of the
Turning Pages Website or any other person or entity for performance or nonperformance
of the aforementioned activities.
Indemnity
You will indemnify and hold Turning Pages, its officers, directors, employees, agents,
licensors, and suppliers, harmless from and against any claims, actions or demands,
and liabilities, due to or arising out of your use of the Website and/or your violation
of this Agreement, and you shall pay all costs, expenses, settlements and damages
finally awarded, including but not limited to reasonable attorney’s fees and
court costs.
Disclaimers
THE TURNING PAGES WEBSITE, THE SERVICES, AND OUR CONTENT ARE PROVIDED ON AN “AS
IS” BASIS. USE OF THE WEBSITE, THE SERVICES, AND OUR CONTENT IS AT YOUR OWN RISK.
TURNING PAGES DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT,
ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.
TURNING PAGES MAKES NO GUARANTEES, ENDORSEMENTS, PROMISES, REPRESENTATIONS, OR WARRANTIES
OF ANY KIND REGARDING THE FOLLOWING:
- The accuracy, reliability, efficacy, currentness, completeness, or timeliness of
the Website, the Services, or Our Content including, but not limited to, text, graphics,
links, software, or communications provided on or through the Website.
- The availability of the Services, the Website, or any specific results from use
of the Website, the Services, or Our Content for any purpose.
- Adherence to or compliance with any federal, state, local, or government regulations
requiring information disclosure.
- Adherence to or compliance with any federal, state, local, or government regulations
regarding the Services, the Website, or our Content.
Limitation of Liability
IN NO EVENT WILL TURNING PAGES OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD
PARTIES MENTIONED ON THE WEBSITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DELAY, FAILURE, INTERRUPTION OF SERVICE, LOSS OF USE, LOST DATA, CORRUPTION OF DATA,
LOST PROFIT, LOST REVENUE, DIMINISHED GOODWILL, PERSONAL INJURY, WRONGFUL DEATH,
FRAUDULENT, MISREPRESENTATION, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNATIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THE WEBSITE, THE
SERVICES, OUR CONTENT, AND/OR YOUR USE OR INABILITY TO USE THE WEBSITE, THE SERVICES,
OR OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT TURNING PAGES, OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR
THIRD PARTIES MENTIONED ON THE WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IN NO EVENT WILL TURNING PAGES OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD
PARTIES MENTIONED ON THE WEBSITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DAMAGES OF THE TYPES DESCRIBED ABOVE RELATED TO THE RELIABILITY, EFFICACY, CURRENTNESS,
COMPLETENESS, TIMELINESS, OR OPINIONS OF THIRD-PARTY WEBSITES TO WHICH LINKS ARE
PROVIDED ON THE TURNING PAGES WEBSITE. YOU AGREE TO ACCESS SUCH THIRD-PARTY WEBSITES
AT YOUR OWN RISK.
THE AGGREGATE LIABILITY OF TURNING PAGES, ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD
PARTIES MENTIONED ON THE WEBSITE FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF THE
FEES PAID BY THE USER TO TURNING PAGES, DURING THE PREVIOUS 12 MONTH PERIOD. ANY
CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICES, OR OUR
CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE
TO SUCH ACTION, AND SUCH CLAIMS MUST BE BROUGHT IN THE JURISDICTION DEFINED BY THIS
AGREEMENT. YOU AGREE THAT ALL REMEDIES SET FORTH IN THESE TERMS OF USE ARE EXCLUSIVE
AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED HEREIN.
Waiver
No waiver of a breach of any term of this Agreement will be effective unless in
writing and duly executed by the waiving party. No such waiver will constitute
a waiver of any subsequent breach of the same or any other term of this Agreement.
No failure on the part of a party to exercise, and no delay in exercising any of
its rights hereunder, will operate as a waiver thereof, nor will any single or partial
exercise by a party of any right preclude any other or future exercise thereof or
the exercise of any other right. No course of dealing between the parties
will be deemed effective to modify, amend or discharge any part of this Agreement
or the rights or obligations of any party hereunder.
Entire Agreement
As discussed above, you expressly agree to and accept the terms of this Agreement
by your use of the Website, your purchase of a Book or other products, your use
and/or purchase of any of the Services, or by your registration to become a Registered
User. This Agreement constitutes the entire agreement between you and Turning
Pages. If any provision of this Agreement is held invalid or unenforceable
by competent authority, that provision will be construed so as to be limited or
reduced to be enforceable to the maximum extent compatible with the law as it shall
then appear. The total invalidity or unenforceability of any particular provision
of this Agreement will not affect its other provisions and this Agreement will be
construed in all respects as if the invalid or unenforceable provision were omitted.
Governing Law and Dispute Resolution
This Agreement will be governed by and interpreted in accordance with the laws of
the State of New York, excluding its conflicts of law principles. In the event
that any legal proceedings are commenced with respect to any matter arising under
this Agreement, the parties specifically consent and agree that the courts of the
State of New York and/or the Federal Courts located in the State of New York will
have exclusive jurisdiction over each of the parties and over the subject matter
of any such proceedings, and that the venue of any such action will be in Monroe
County, New York and/or the U.S. District Court for the Western District of New
York. Additionally, the party that loses any such proceeding will pay all costs
and expenses incurred by the other party(s) in connection therewith, including all
attorneys’ and other professional fees and expenses.