Terms Of Use Agreement

This FillPrints Terms of Use Agreement (the "Agreement") is an agreement between you and FillPrints, Inc ("FillPrints"). This FillPrints website and the products and services offered thereby (the "Service") is owned and operated by FillPrints, Inc. The following terms and conditions apply to your use of our Services. Please read this Agreement carefully before you enter our website. In this Agreement, "you" or "your" means any person or entity using the Service. Unless otherwise stated, "we" or "our" will refer collectively to FillPrints, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
By clicking "I Agree" you agree to the Agreement, the FillPrints Privacy Policy, and any documents incorporated by reference. You further agree that this Agreement forms a legally binding contract between you and FillPrints, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation effective as of the date you click "I Agree." I also understand that as a result of agreeing to this statement, a digital confirmation of my acceptance will be marked in my FillPrints account record as verification of my approval of this condition.

ACCOUNTS
A. Eligibility
To use the Service, you must open an account with FillPrints, which means you must register with FillPrints on the website and agree to the terms of this Agreement (an "Account"). You must be at least 18 years of age to use the Service. By using our Service, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by this Agreement or if you are not at least 18 years of age, please immediately exit the site.
B. Use
Your FillPrints Account is available for your non-commercial, personal use. Your Account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your Account to view photographs in other Accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other FillPrints Account holders access to such photographs. FillPrints reserves the right to cancel or discontinue Accounts which have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the address you used when you set up your Account. If you do not respond to the email within 10 days, your account may be removed. You may not use your Account to create an internet link to eBay or any other website without the express written permission of FillPrints.

PHOTOGRAPHS AND PRODUCTS
A.You can purchase the photographs featured on our website from FillPrints in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through FillPrints and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier.
B.You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of FillPrints. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without FillPrints's prior written consent.
C.While FillPrints uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the website, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can FillPrints ensure that all persons depicted in the photographs have consented to the display of their image on this website. If your photograph appears on this website without your consent and you wish to have it removed, please copy the thumbnail image and email it to admin (at) fillprints.com with a description of why you would like it removed.

YOUR COPYRIGHTS
FillPrints respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. FillPrints will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. The copyrights in the photographs are owned by the photographers thereof who have licensed to FillPrints the right to post them on the website and provide the Services offered. FillPrints makes no claim of ownership to any images uploaded to our servers by our customers. Since we cannot research every image transmitted to us or printed by us, it is your sole responsibility to ensure that you have the necessary authorizations and/or permissions to use the images. If you believe your copyright in a work has been violated through this service, please contact FillPrints for notice of claims of copyright infringement at admin (at) fillprints.com, or at

FillPrints
2302 Main St
Evanston IL 60202
Phone 800-347-9570
Fax 847-905-1403

DISCLAIMERS
THIS website AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND FillPrints MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR website INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. FillPrints DOES NOT WARRANT THAT ACCESS TO THE website OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FillPrints DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS website IS AT YOUR OWN RISK. YOU (AND NOT FillPrints) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
Neither FillPrints, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the photographs or Products. You acknowledge that the photographers are independent contractors of FillPrints and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to FillPrints, for any damages and/or claims whatsoever relating to the photographs or Products.

INDEMNIFICATION
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by FillPrints, or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this website, you agree to indemnify and hold FillPrints, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.

OWNERSHIP OF OUR website
All of the content (other than the photographs) on our website, including without limitation, the graphics, design, and look and feel are owned by FillPrints and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The FillPrints logos are trademarks owned by FillPrints and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this website.

OTHER TERMS
These terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fulton County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by FillPrints regarding the use of the website or the use or purchase of the photographs or the Products.