Terms of Service

Welcome to Photo Finale! By signing up for a Photo Finale Account or by using any Photo Finale Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service“).

As used in these Terms of Service, “we“, “us“, “our” and “Photo Finale” means the applicable Photo Finale Contracting Party (as defined in Section 13 below), and “you” means the Photo Finale User (if registering for or using a Photo Finale Service as an individual), or the business employing the Photo Finale User (if registering for or using a Photo Finale Service as a business) and any of its affiliates.

Photo Finale provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services“) and in person (“POS Services“)), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Photo Finale are referred to in these Terms of Services as the “Service(s)“. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://photofinale.com/legal/terms-of-service.

You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Photo Finale’s Acceptable Use Policy (“AUP“) and Privacy Policy, before you may sign up for a Photo Finale Account or use any Photo Finale Service.

Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Photo Finale or any Photo Finale services, you are agreeing to these terms. Be sure to occasionally check back for updates.

Account Terms

Which means

You are responsible for your Account, the Materials you upload to the Photo Finale Service and the operation of your Photo Finale Store. If you violate Photo Finale’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

To access and use the Services, you must register for a Photo Finale account (“Account“). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Photo Finale may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Photo Finale for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Photo Finale will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address“). You must monitor the Primary Email Address you provide to Photo Finale and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Photo Finale can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. Photo Finale cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to Photo Finale Users. Questions about the Terms of Service should be sent to Photo Finale Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Photo Finale.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Photo Finale’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to Photo Finale or its affiliates.

Account Activation

Which means

Only one person can be the “Store Owner”, usually the person signing up for the Photo Finale Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to PayPal, Apple Pay, Google Payment and Stripe. Any domain you purchase through us will automatically renew unless you opt out.

2.1 Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner“) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Photo Finale Store can only be associated with one Store Owner. A Store Owner may have multiple Photo Finale Stores. You agree to use Photo Finale Checkout for your store. “Store” means the online store (whether hosted by Photo Finale or on a third party website), or any storefront built on top of the Photo Finale API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your Photo Finale pricing plan, you can create one or more staff accounts (“Staff Accounts“) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
The Store Owner and the users under Staff Accounts are each referred to as a “Photo Finale User“.

2.3 Photo Finale Payments

Upon completion of sign up for the Service, you can choose from the approved list of Payment services to sign up for directly. You are responsible for the payment provider fees, returns, charge backs, and taxes. It is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep any of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, all payment accounts are a Third Party Service, as defined in Section 9.9 of these Terms of Service.

Photo Finale Rights

Which means

Photo Finale has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Photo Finale Account, we can freeze a Photo Finale Account or transfer it to the rightful owner, as determined by us.

The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
It is in Photo Finale’s sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Photo Finale employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Photo Finale employees and contractors may also be Photo Finale customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
Photo Finale reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Photo Finale reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

Your Responsibilities

Which means

You are responsible for your Photo Finale Store, the goods or services you sell, and your relationship with your customers, not us. If you access the Photo Finale API, your use of the Photo Finale API is subject to the API Terms.

You acknowledge and agree to provide public-facing contact information, terms of service, a refund policy, and shipping policies (including order fulfilment timelines) on your Photo Finale Store. Public-facing contact information should include your name, address, telephone number, and email address. You should inform your customers if you use a third-party supplier.
You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly and only between you and the customer. You are the seller or merchant of record for all sales through the Services. You are responsible for the creation and operation of your Photo Finale Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, determining and collecting taxes, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You are responsible for your Store, your Materials (including any Materials you create using Photo Finale’s services and tools), and the goods and services you sell through the Services. For the avoidance of doubt, Photo Finale is not the seller or merchant of record and has no responsibility for your Store, your Materials, the goods or services you may sell through the Services, or any aspect of the transaction between you and your customer(s).
You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Service and your performance of obligations under the Terms of Service.
You agree to use Photo Finale Checkout for any sales associated with your online store. “Photo Finale Checkout” means Photo Finale’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Photo Finale Checkout API.

Payment of Fees and Taxes

Which means

A valid payment method (such as a credit card) must remain on file to pay all service fees, including the subscription, transaction and additional fees required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment, Photo Finale may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You may be required to remit Taxes to Photo Finale or to self-remit to your local taxing authority. No refunds.

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees“) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Photo Finale Payments (“Transaction Fees“), and any fees relating to your purchase or use of any products or services such as Photo Finale Payments, POS Equipment, shipping, apps, Themes, domain names, Photo Finale App Store, or Third Party Services (“Additional Fees“). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees“.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Photo Finale will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method“), and Photo Finale will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date“). Transaction Fees and Additional Fees will be charged from time to time at Photo Finale’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Primary Email Address provided. As well, an invoice will appear on the Account page of your Store’s administrative console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Photo Finale reserves the right to terminate your Account in accordance with Section 14.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes“).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Photo Finale’s products and services. To the extent that Photo Finale charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Photo Finale of your exemption. If you are not charged Taxes by Photo Finale, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Photo Finale under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Photo Finale to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Photo Finale will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Photo Finale Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
You must maintain an accurate location in the administrative console of your Photo Finale Store. If you change jurisdictions you must promptly update your location in the administrative console.
Photo Finale does not provide refunds.

Confidentiality

Which means

Both you and Photo Finale agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Photo Finale’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability and Indemnification

Which means

We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

You expressly understand and agree that, to the extent permitted by applicable laws, Photo Finale and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Photo Finale partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Photo Finale does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Photo Finale does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Photo Finale is not responsible for any of your tax obligations or liabilities related to the use of Photo Finale’s Services.
Photo Finale does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

Intellectual Property and Your Materials

Which means

Anything you upload remains yours (if it was yours) and is your responsibility, but Photo Finale can use and publish the things you upload. Anything uploaded to Photo Finale remains the property and responsibility of its initial owner. However, Photo Finale will receive a license of materials published through our platform that we may use to operate and promote our Services.

8.1 Your Materials

We do not take ownership of the Materials that you provide to Photo Finale; however, we do require a license to your Materials. You hereby grant Photo Finale a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of your Materials. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. As part of providing the Services, Photo Finale may list, combine, feature, and promote your Materials, Store, and Your Trademarks in any channel operated by Photo Finale or Photo Finale partners. You represent, warrant, and agree that you have all necessary (a) rights in the Materials to grant this license, and (b) rights and consents to make available to Photo Finale to use or process any Materials or information collected from or about an individual associated with such Materials that is subject to protection under applicable data privacy laws or regulations.
You irrevocably waive any and all moral rights you may have in the Materials in favour of Photo Finale and agree that this waiver may be invoked by anyone who obtains rights in the materials through Photo Finale, including anyone to whom Photo Finale may transfer or grant (including by way of license or sublicense) any rights in the Materials.
If you owned the Materials before providing them to Photo Finale then, despite uploading them to your Photo Finale Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Photo Finale Store at any time by deleting your Account. Removing your Photo Finale Store does not terminate any rights or licenses granted to the Materials that Photo Finale requires to exercise any rights or perform any obligations that arose during the Term.
You agree that Photo Finale can, at any time, review and delete any or all of the Materials submitted to the Services, although Photo Finale is not obligated to do so.
You grant Photo Finale a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks“) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Photo Finale requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 Photo Finale Intellectual Property

You agree that you may not use any trademarks, logos, or service marks of Photo Finale, whether registered or unregistered, including but not limited to the word mark PHOTO FINALE (“Photo Finale Trademarks“) unless you are authorized to do so by Photo Finale in writing. You agree not to use or adopt any marks that may be considered confusing with the Photo Finale Trademarks. You agree that any variations or misspellings of the Photo Finale Trademarks would be considered confusing with the Photo Finale Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Photo Finale or Photo Finale Trademarks or that use or include any terms that may be confusing with the Photo Finale Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Photo Finale patents.

Additional Services

9.1 Scope

Photo Finale may make available certain services, products, applications and tools, in addition to the Services, including but not limited to, Photo Finale Kiosk, Photo Finale Pro Uploader, FDaemon, Lab50, Print50, and the services outlined in this Section 9 (collectively, “Additional Services“). Your use of, and access to, any Additional Services is subject to these Terms or, in some cases, may be subject to additional and separate fees, terms, and policies (the “Additional Service Terms“).

9.2 SMS Messaging

Which means

When you use our SMS Services, you have to comply with our terms, the acceptable use policies of the SMS providers, and the law.

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services“). You will only use the SMS Services in compliance with these Terms of Service, any other applicable, as may be amended from time to time), and the laws of the jurisdiction from which you send messages, and in which your messages are received.

9.3 Photo Finale Enterprise (PFE)

Which means

You can purchase our PFE themes to use for one Store at a time. You are free to modify our Themes, but do not infringe upon the intellectual property rights of others, including the designer. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

You may establish the appearance of your Photo Finale Store with a design template from Photo Finale’s Themes (a “Theme“). If you download a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact Photo Finale Support.
You may modify the Theme to suit your Store. Photo Finale may add or modify the footer in a Theme that refers to Photo Finale at its discretion. Photo Finale may modify the Theme where it contains, in our sole discretion, an element that violates the Photo Finale AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. Photo Finale may modify the Theme to reflect technical changes and updates as required.

9.4 Photo Finale Email

Which means

By using the Email Services, you agree that Photo Finale may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

You may generate or send email from your Account using the Photo Finale email services (the “Email Services“). In addition to the terms applicable to the Services generally (including Photo Finale’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:
Photo Finale employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning“). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Photo Finale’s Acceptable Use Policy (collectively, “Threats“). By using the Email Services, you explicitly grant Photo Finale the right to employ such Content Scanning. Photo Finale does not warrant that the Email Services will be free from Threats, and each Photo Finale merchant is responsible for all content generated by their respective Stores.
BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS“). PHOTO FINALE, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE“), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
Your use of the Email Services must comply with Photo Finale’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
Your use of the Email Services must follow all applicable guidelines established by Photo Finale. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
1. using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
2. using purchased or rented email lists;
3. using third party email addresses, domain names, or mail servers without proper permission;
4. sending emails to non-specific addresses (e.g., [email protected] or [email protected]);
5. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
6. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
7. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
8. failing to include in each email a link to the then-current privacy policy applicable to that email;
9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
10. failing to include in each email your valid physical mailing address or a link to that information; or
11. including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
If you or a customer knows of or suspects any violations of the Email Services Requirements, please visit Photo Finale’s Support. Photo Finale will determine compliance with the Email Services Requirements in its discretion.
Photo Finale’s Email Services utilize Third Party Providers. Your use of the Email Services is subject to Photo Finale’s AUP.

9.5 Third Party Services and Third Party Partners (Marketplace Partners)

Which means

We are not responsible for third party services and partners, so use them at your own risk. If you choose to use any third party services on the Photo Finale platform, you consent to us sharing your data (and potentially the data of your customers) to those services. If you use third party services you agree that we do not provide a warranty, so get advice beforehand.

Photo Finale may provide you with access to or enable third party software, applications (“Apps“), products, services or website links (collectively, “Third Party Services“) for your consideration or use, including via the Photo Finale App Store or Partner Directory. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider“). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Your use of Third Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions between you and the Third Party Providers. In some instances, Photo Finale may receive a revenue share from Third Party Providers that Photo Finale recommends to you or that you otherwise engage.
We do not provide any warranties or make representations to you with respect to Third Party Services or Third Party Providers. You acknowledge that Photo Finale has no control over Third Party Services or Third Party Providers and will not be responsible or liable to you or anyone else for such Third Party Services or Third Party Providers. The availability of Third Party Services, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Photo Finale. Photo Finale does not guarantee the availability of Third Party Services and you acknowledge that Photo Finale may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Photo Finale is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Photo Finale strongly recommends that you seek specialist advice before using or relying on Third Party Services or Third Party Providers to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing whether a good or service is taxable or the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to share on your behalf, or allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services. Any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Photo Finale is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
You acknowledge and agree that: (i) by submitting a request for assistance or other information for Third Party Services, you consent to being contacted by one or more Third Party Providers at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) Photo Finale may receive email communications including replies that you exchange with Third Party Providers. You further agree that Photo Finale may share your contact details and the background information that you submit via the Services with Third Party Providers. You may choose to allow Third Party Providers access to certain parts of your Admin and control their access levels.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Photo Finale is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances will Photo Finale be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Photo Finale has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Photo Finale partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

Feedback and Reviews

Which means

We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.

Photo Finale welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback“) to Photo Finale be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Photo Finale (whether submitted directly to Photo Finale or posted on any Photo Finale hosted forum or page), you waive any and all rights in the Feedback and that Photo Finale is free to implement and use the Feedback if desired, as provided by you or as modified by Photo Finale, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Photo Finale must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Photo Finale reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

Intellectual Property Infringement

Which means

Photo Finale respects intellectual property rights and you should too.

Photo Finale respects the valid intellectual property rights of others and we expect Merchants to do the same. Posting content that constitutes an infringement of others’ legal rights violates our Acceptable Use Policy and the content can be removed and/or your Store may be terminated at our discretion

Privacy and Data Protection

Which means

Photo Finale’s use and collection of your personal information is governed by our Merchant Privacy Policy. Photo Finale’s use and collection of customer personal information is further governed by these Terms, our Data Processing Addendum, and our Consumer Privacy Policy. Photo Finale’s Services comply with PCI DSS.

Photo Finale is firmly committed to protecting the privacy of your personal information and the personal information of your customers.
Photo Finale’s collection, use, disclosure and processing of Your Customer Personal Data (as defined in the Data Processing Addendum) is subject to these Terms, our Data Processing Addendum, and our Consumer Privacy Policy.
Photo Finale’s collection, use, disclosure and processing of your personal information is governed by our Merchant Privacy Policy.
Photo Finale complies with applicable Payment Card Industry Data Security Standards (“PCI DSS“) in its provision of the Services to you. Where the Services involve Photo Finale storing, processing or transmitting “Account Data” (as defined under PCI DSS) on your behalf, Photo Finale acknowledges that it is responsible for securing such Account Data in accordance with the applicable PCI DSS requirements. If you store, process or transmit Account Data, you must also ensure that you are at all times compliant with PCI DSS, and agree to provide Photo Finale with documentation evidencing your compliance with PCI DSS upon request. You agree not to impair the security of Account Data, including, without limitation, by: a. modifying, bypassing or circumventing the technical limitations of the Services; b. using third-party proxies or other interventions that impair the security of Account Data; or c. using the Services otherwise in violation of these Terms of Service. To the extent that you impair the security of Account Data, Photo Finale cannot ensure PCI DSS compliance and is not responsible for the security of Account Data. Information on PCI DSS can be found on the PCI Council’s website.

Photo Finale Contracting Party

“Photo Finale Contracting Party” means Photo Finale Inc., a Delaware corporation, with offices located at 880 Harrison Street SE, Leesburg, Virginia 20175.

Term and Termination

Which means

To initiate a termination, you must contact Support. Photo Finale will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Photo Finale will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may terminate your account at any time.

The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term“).
You may cancel your Account and terminate the Terms of Service at any time by contacting Photo Finale Support and then following the specific instructions indicated to you in Photo Finale’s response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
1. Photo Finale will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to Photo Finale for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your Photo Finale Store will be taken offline.
If you purchased a domain name through Photo Finale, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

Modifications

Which means

If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Photo Finale administrative console, or by similar means. However, Photo Finale may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Photo Finale may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Photo Finale administrative console, or by similar means. Photo Finale will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Photo Finale and govern your use of the Services and your Account, superseding any prior agreements between you and Photo Finale (including, but not limited to, any prior versions of the Terms of Service).
The failure of Photo Finale to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
Save for Photo Finale and its affiliates, you or anyone accessing Photo Finale Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The Terms of Service will be governed by and interpreted in accordance with the laws of the State of Delaware and the laws of the United States of America, applicable therein, without regard to principles of conflicts of laws.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Photo Finale’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Photo Finale (acting in its sole discretion) or as required by applicable law.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Photo Finale will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Photo Finale’s prior written consent, to be given or withheld in Photo Finale’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees and Taxes), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Your Materials), 9.9(8)-(10) (Third Party Services and Third Party Providers), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Photo Finale Contracting Party), 14 (Term and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.