Party Print™ Terms and Conditions

These Terms of Use (Terms) describe the terms and conditions of Party Print by DNP Imagingcomm America, Inc. (IAM). By accessing or using the Party Print website, the Party Print services, or any Party Print related applications made available by IAM, you confirm your understanding and agreement to be bound by these Terms. If you do not agree to these Terms you are not authorized to access or use the services. 

The Party Print service is one of the IAM products provided to you by IAM. These Terms of Use therefore constitute an agreement between you and IAM. 

IAM (We) reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time and you agree to be bound to such modifications or revisions. It is your responsibility to check the Terms periodically. By continuing to use Party Print you agree to be bound by the revised Terms. 

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 

The Party Print Service (Service)

We agree to provide you with the Party Print Service. The Service includes all of the Party Print products, features, applications, services, technologies, and software that we provide to advance Party Print’s mission: To enhance your business by enabling users (your customers) to share photo memories. The Service is made up of but not limited to the following aspects: 

Event photo sharing. The Service allows you to provide your customers with the ability to share the photos that they have taken during an event where you have made the Party Print service available. They do this via the Party Print guest web app, which allows them to upload their photos to a specific address in the Party Print system. Before doing this, they must agree to give you and IAM a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use their photos. You also agree to give IAM such rights to the photos. 

Photo downloads. Once uploaded, the photos are made available to others who have access to the Party Print web address for that event. These users can view all uploaded photos and can download full-resolution copies of the photos. 

Digital photo display. During an event, you have the option of creating a digital “slide show” display of all or part of the uploaded photos. 

On-site photo printing. During or after an event, you have the option of printing any or all of the uploaded photos using a IAM photo printer. 

General Terms

The Party Print Service is only available to business entities and individuals at least 18 years of age who can enter into legally binding contracts under law. You agree to not post violent, nude, partially nude, discriminatory, racist, unlawful, infringing, hateful, or obscene photos or other content using Party Print. 

As a user of the services, you expressly agree not to:

• Create an account in another person’s or entity’s name, create more than one account, use another’s account or impersonate another person or entity; 
• Use the Services for any purpose that is unlawful or prohibited by these Terms, including but not limited to the posting of unlicensed copyright-protected content, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others; 
• Claim that IAM is responsible or liable for any content that users or you upload via the Services; 
• Restrict or inhibit other Users from using and enjoying the Services;
• “Harvest,” “scrape,” “stream catch” or collect information from the Services using an automated software tool (including but not limited to use of robots, spiders, or similar means), or manually on a mass basis (unless we have given you separate written permission to do so); This includes, for example, information about other Users of the Services and information about the offerings, products, services and promotions available on or through the Services; 
• Circumvent or reverse engineer the Services or our systems or to gain unauthorized access to any areas of the Services, or any other systems or networks connected to the Services, or to any of the services offered on or through the Services that are not intended for access by you, by hacking, password “mining,” or any other illegitimate means; 
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests; 
• Use the Services to gain competitive intelligence about us, the Services, or any product offered via the Services or to otherwise complete with us or our affiliates, or use information on the Services to create or sell a similar product or information; 
• Manipulate or forge identifiers to disguise the origin of any information posted on the Services or otherwise provided to us or our employees; 
• Use the Services to promote spamming, chain letters, or other unsolicited communications; or 
• Engage in tactics, or direct or encourage others, to attempt to bypass the Services or our systems to avoid complying with any of our applicable policies, including these Terms, paying applicable fees, or complying with other contractual obligations, if any. 
• Access Party Print’s application programming interface (API) by means other that those permitted in writing from IAM. 

Submitted Content

IAM does not claim ownership of any content that you post on or through the services, however you herby grant IAM a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services in accordance with the permissions you grant through the functionality of the Services or the access and use of the Content. IAM is not liable for any inappropriate or illegal content that is uploaded via the Services. 

Removal and Deactivation of Users

IAM reserves the right, in its sole discretion, to remove, block, edit, move or disable any user account at any time for breach of this Agreement or for non-payment. If we terminate your access to the Services or you use the form detailed above to deactivate your account, your photographs, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Services. Upon termination, all licenses and other rights granted to you in this Agreement, if any, will immediately cease. 

Account and Entitlements; Termination of Services

You have the right to cancel your account and any time through user account settings. Upon cancellation of your use of the PartyPrint services, all data and content produced as a result of using our services will remain in our server for a minimum of a 14-day retention period. During the retention period you may request a copy of such data and content. Following the minimum retention period, IAM may remove, delete, or destroy any of the data and content stored on its server. The decision to remove, delete, or destroy any of the data or content in accordance with this section is at IAM’s sole discretion 

Disclaimer of Warranties

The Licensor expressly disclaims any and all warranties relative to the Software. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. YOU HEREBY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. 

Limitation of Liability

The Licensor expressly disclaims any and all warranties relative to the Software. THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. YOU HEREBY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE by You for the Software. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You. If any provision of the Software License Agreement is declared by a court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions hereof. 

Governing Law

This Software License Agreement shall be governed by the laws of the State of North Carolina without regard to conflict of laws principles. You and the Licensor hereby consent to the exclusive venue and jurisdiction of the state and federal courts located in Cabarrus County, North Carolina. 

Term

This License Agreement is effective until terminated. You may terminate this License Agreement by ceasing to use the Software and, if applicable, returning the Software to the Licensor. Licensor may terminate this License Agreement if You breach any of the terms and conditions or for non-payment. Upon termination of this License Agreement for any reason, You shall cease using the Services and Software and, if applicable, return the Software to the Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor’s proprietary rights shall survive termination.

 

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below:


www.dnpimagingcom.com
4524 Enterprise Drive NW
Attn: Website Privacy Policy Coordinator
Concord, NC 28027
United States of America

or email: sales_marketing@dnp.imgcomm.com