Terms & Conditions
Terms of Service
Tribute Press provides a means to collect and print photographs (photos) intended to depict the events of a person’s life. These photos are sent (uploaded) to Tribute Press Website in no particular order and are assembled by Tribute Press (Us) and presented in a perfect bound, color, hard cover book, for the purposes of displaying these photograph, to proved other resources and messages by Tribute Press. The services offered by Tribute Press (Tribute Press “Us” or the Web Site), and any other features, content, or services offered from time to time by Tribute Press in connection with the Website (collectively, the “Services”).
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Agreement, whether you are a “Visitor (which means the you simply browse the Website) or you are a “User”. User refers to a Visitor or a User. Information about you as a Tribute Press customer (including personally identifiable information) may be processed by Tribute Press in the country where it was collected as well as other countries (including the United States) where laws regarding processing of personally identifiable information may be less stringent than the laws in your country.
BY USING THE WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE TRIBUTE PRESS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE AND THE SERVICES OFFERED ON THE WEBSITE.
Amendments.Tribute Press may modify this Agreement from time to time and such modification shall be effective:(a) for Users who first use the Services affected by such modification after the posting, upon posting, posted by Tribute Press on the Website or (b) for existing Users of the affected Services, thirty (30) days after posting by Tribute Press on the Website. If you do not agree to the modification, you must cease your use of the Services.
Content
User Content. Portions of the Services will contain User provided content. For purposes of the Agreement, “content”, means any and all postings, messages, text, files, images, photos, works of authorship, or other material.Tribute Press does not claim ownership in any Content that you publish, display, submit, upload or otherwise transfer (“post) to the Service. You hereby grant to Tribute Press an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license (with the right to sublicense through unlimited levels of sublicenses) to publicly display, create, derivative words of, and otherwise use in any and all media (now known or later developed) throughout the World, that you post to the Services. You represent and warrant that:(a) you own or otherwise have the right to grant the license set forth in this section for the Content (including the Book Content) that you post on the Service, or for our print services to have them print in a Book, and (b) you specifically agree to never upload, post or reproduce any materials that are pornographic in nature, or that violate the rights of others or otherwise violate the Agreement, and (c) your Content does not violate the privacy rights, publicity rights, copyrights rights, or other rights of any person or entity. You agree that we are not responsible for any alteration, loss, damage, or corruption to your submission.
Tribute Press Content.The Services contain Content of Tribute Press and its licensors (“Tribute Press Content”). Tribute Press and its licensors (including Users) own and retain all proprietary rights in the Tribute Press Content and the Services. Except for Content that is owned by you, is in the public domain, or for which you have been given permission, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Tribute Press Content.
Eligibility. By using the Services, you represent and warrant that:(a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Tribute Press Account may be deleted without notice if we believe that you are younger than eighteen (18) years of age.
Term.This Agreement shall remain in full force and effect while you use the Services.You may delete your Account for any reason by following the instructions on the Tribute Press Return Policy page. Tribute Press may terminate your Services for any reason, effective upon sending a notice to you at the then-current e-mail address on your Account. You understand that termination of this Agreement and your Account involves deletion of your Tribute Press information from our live databases as well as any Content that you uploaded to the Tribute Press Website using such Account. Tribute Press will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
Fees.You acknowledge that Tribute Press reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Tribute Press on the Website.Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Tribute Press as set forth on the Website.
Conditions of Sale
Eligibility. Credit Card Terms. To order Books (or other products that apply) you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (Visa, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Books (or other products) including all of the following:(a) your name as it appears on the card, (b) the credit card type, (c) the date of expiration of your credit card, (d) billing address, and (e) any activation numbers or codes needed to charge your card. Tribute Press does not accept cash, checks or any other form of payment. Tribute Press reserves the right to change that policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Tribute Press invoices the credit card for all amount due and payable. By providing Tribute Press with your credit card number and associated payment information, you agree that Tribute Press is authorized to immediately invoice your account for all fees and charges due and payable to Tribute Press as a result of your purchase of any Books (or other products that apply). You agree to immediately notify Tribute Press of any change in your billing address or the credit card used for payment hereunder. Tribute Press reserves the right, at any time, to change its prices and billing methods for Books and other products (if any) sold, either immediately upon posting on the Website, or by e-mail delivery to you.
Fees and Charges.You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Tribute Press with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Book or other product to your customers) at the rates in effect when the charges were incurred.Tribute Press may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books or products arrives at the destination that you specified.Any charges for customs clearance have to be borne by you, as Tribute Press has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Book(s) or other products, to get more information. Please also be aware that you are considered the importer of record and therefore must comply with all laws and regulations of such country or jurisdiction.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on the statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:Tribute Press Attn: Customer Service, P.O. Box 441865 Jacksonville, FL 32222. If Tribute Press does not receive payment from your credit card issuer, or its agent, you agree to pay all amounts due upon demand by Tribute Press or its agents.
Returns. All sales of Books and other products are subject to Tribute Press’ then current return policy .Our Returns Policy Statement is available on the Tribute Press Website.
Password.When you sign up to become a User, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You agree to notify Tribute Press immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all uses of your Account.
Non-Commercial Use. The Services are for the personal use of the User and may not be used in connection with any commercial endeavors except those that are specifically approved in writing by Tribute Press’ Management or in connection with Services expressly designated for commercial uses. You will not engage in advertising to, or solicitation of any User to buy or sell any products or services through any Services, except as expressly permitted in connection with the Services. Commercial advertisements, affiliated links, and other forms of solicitations may be removed from your Content without notice and may result in suspension or termination of your Account.
Enforcement by Tribute Press. Tribute Press has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Tribute Press violates this Agreement, is prohibited content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person, or creates liability for Tribute Press, its suppliers, service providers, partners, partner companies, or any User. Tribute Press reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of the Agreement, including without limitation, removing Prohibited Content from the Services, terminating your Account, reporting you to law enforcement authorities, and taking legal action against you.
Limited Warranty
Limited Warranty for Books. Tribute Press warrants that, subject to minor differences across products and printing partners as described in the Tribute Press Return Policy, Books will be free of any effects in materials and workmanship. Tribute Press will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Books which you report to Tribute Press via the Tribute Press Return Policy within fourteen (14) days of your receipt of the Book(s).
Exceptions to Warranty.Tribute Press does not proof, edit or change any of the Content in the Books that you submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors,(b) low resolution images that may appear blurry in print, (c) design issues, including book format, organization, style, color and page layout, or (d) any other creative choices that you make related to the Book. Tribute Press is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users or by any of the equipment programming associated with or utilized in the Services. Tribute Press assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Tribute Press is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website Hosting or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Tribute Press be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
Disclaimers.TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8,1 ABOVE, (B) TRIBUTE PRESS EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Limitation on Liability.TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, TRIBUTE PRESS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TRIBUTE PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIBUTE PRESS’ LIABILITY TO YOU FOR ANY DAMAGES FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50.00), OR THE AMOUNTS YOU PAID TO TRIBUTE PRESS IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE TRIBUTE PRESS’ LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF TRIBUTE PRESS OR IT’S AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release. You hereby release Tribute Press, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states:“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Indemnity.You agree to defend, indemnify, and hold Tribute Press, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of the Agreement and/or arising from your breach of any provision of this agreement.
Electronic Communications.The communications between you and Tribute Press use electronic means, whether you visit the Website or send Tribute Press e-mails, or whether Tribute Press posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Tribute Press in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tribute Press provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
User Agreement.This Agreement is accepted upon your USE of the Website or any of the Services or when your register to become a USER. This Agreement constitutes the entire agreement between you and Tribute Press regarding the USE of the Services. If any provision of the Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable low and the remaining provisions will continue in full force and effect.The failure of Tribute Press to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for conveniences only and have no legal or contractual effect. The parties of the Agreement have expressly required that the present Agreement be drawn up in English language. Please contact us with any questions regarding the Agreement. You may also receive a copy of this Agreement by contacting us: info@tributepress.com.
Copyright/Trademark Information. Copyright © 2006-2007, TRIBUTE PRESS. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Tribute Press or other third parties. You are not permitted to use these Marks without express written permission from Tribute Press.