TERMS & CONDITIONS

Welcome to Photofiddle! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

Before you begin setting up your account with Photofiddle (herein referred to as "we", "us," or "Photofiddle"), please read the following Terms of Use ("Terms") carefully. If you ("you") agree to these Terms, and wish to use the Photofiddle service ("Service"), please click on the "Sign Up" button. This will constitute a binding agreement between you and Photofiddle. To decline acceptance, click the "Cancel" button. Note that any violation of these Terms may result in termination of our Service to you.

Photofiddle reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.

Your submissions

  • Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
    • Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Photofiddle recommends you use an "adult-content" warning label when pictures are being shared that include legal adult content;
    • Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
    • Any material sent from an anonymous or false address.

While Photofiddle is not responsible for the content of the submissions, Photofiddle reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Photofiddle may request confirmation of the copyright or trademark ownership from the submitter. Photofiddle reserves the right to suspend the shipping of an order before such confirmation is received. If Photofiddle does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Photofiddle reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Photofiddle reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Photofiddle for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

Photofiddle will not be liable for the content of any submission.

Copyright notice
Photofiddle is committed to protecting photographers' copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at Photofiddle. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.


Email: head-fiddler@photofiddle.com

Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

About your account
3a. Access to your account
Your account with Photofiddle is available for your personal and commercial use. You can allow other people to view your artwork using the 'send artwork to a friend' section. The people you invite to view your images through on-line share will be able to see the images you have selected for them and will not have access to your account.

Linking directly to images on Photofiddle's servers from external sites is expressly prohibited.

We need to be able to access your account for the following reasons:

  • We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
  • To maintain our Service to you and develop new and useful features and services; To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
  • Photofiddle reserves the right to close accounts set up for fraudulent purposes.

3b. Account fee
There is no fee to open a Photofiddle account.

Canceling the service; discontinuing inactive accounts
Photofiddle reserves the right to cancel the Service or to discontinue accounts that have been inactive for more than 180 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 and the images contained in it may be removed.


Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner"s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

Privacy policy
When you create an account with Photofiddle, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

Indemnification
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.

Claims
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of New York, and hereby consent to jurisdiction and venue in the courts of the Suffolk County located in New York..

Export
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

Disclaimer of warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOFIDDLE'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOFIDDLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PHOTOFIDDLE MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOFIDDLE MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH PHOTOFIDDLE'S SITE OR ADVERTISED THROUGH PHOTOFIDDLE'S SITE.

Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PHOTOFIDDLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PHOTOFIDDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE PHOTOFIDDLE'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products and services to be used at Photofiddle, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers" interest in improving our service; however, please note our policy on external idea submission:

  • Unsolicited ideas submitted to Photofiddle, Inc. or any of its employees automatically become the property of Photofiddle, Inc.
  • By submitting unsolicited ideas to Photofiddle, Inc. you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Photofiddle, Inc. or its employees.

Instead:

Send a message to designer@Photofiddle.com and describe ONLY the general application.

If we think there is opportunity to pursue your idea further, we will contact you. Please note that a proper legal agreement may need to be executed in order to evaluate your concept(s).

Miscellaneous
We may assign our rights and responsibilities hereunder without notice to you.

All items purchased through Photofiddle are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, Photofiddle will not bill you until we ship the items ordered. Photofiddle reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.

Warranty and Refunds
PhotoFiddle.com will replace products that are damaged or defective due to shipping. Photofiddle.com artwork is custom
made from your photos and are not returnable. All sales are final.

If any product is damaged when you receive it, please e-mail or call us within 3 business days. We will request that you repack
it similar to the way you received it. We will then have FedEx pick it up from you within a few days, and we will repair or
replace it once we receive it. There will be no additional charges associated and we will appreciate your cooperation.

We at Photofiddle.com know how much you value your privacy, so we make sure that your privacy is protected any time you're using our services. You do need to give us some personal information so we're able to process your pictures and requests. However, we want you to know exactly what information we need, why we need it, and how we make sure that your information is protected. We want you to be able to enjoy Photofiddle.com experience safely and privately.


Shipping Guarantees
Photofiddle Guarantees to ship your order out in time to arrive at your address in accordance to Fedex's Transit time allowance. We are not responsible if Fedex delays shipment due to their error, weather related issues, or damages in shipping. In cases where a delay (excluding weather related) is caused by Fedex, Photofiddle will reimburse shipping costs for your order. Weather related shipment delays are not covered by Fedex (as well as not covered by USPS and UPS).

Your Photofiddle.com account
When you sign up with Photofiddle.com, you establish a password-protected personal account for storing your digital images and managing print and other services. You and you alone control who may view the images stored in your Photofiddle.com account.
If you contact us via email prior to signing up for an account, we will not use that email address for any purposes other than responding to your inquiry.

Information we need from you
In order to establish your private Photofiddle.com account, we need some personal information from you when you sign up:

  • name
  • email address
  • password (to sign in to your own account)

When you order your printed images we also need a:

  • mailing address (to ship the prints to you or to the person(s) you choose)
  • billing name and address (for verification purposes only)
  • credit card number and expiration date

Photofiddle.com is the shipper for all products purchased on the Photofiddle.com website. We use Authorize.net for credit card processing. Authorize.net will not use your information for any purpose other than processing your order. We only save your credit card information when you enter it for the purposes of placing an order if you choose for us to do so.
If you want to share your Photofiddle.com images with friends, you need to enter their email addresses. Your finished Photofiddle.com image(s) are email to the people you select.
We will not add your friend's email address to our mailing list, and we will not send them further email unless they sign up and choose to receive such communications from us per this privacy policy.
We may occasionally request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and mailing address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Photofiddle.com service.

Changing your information
To update your personal information, simply sign in and go to 'User info' You may also contact our Customer Service team. You can make changes to your account information at any time.

Protecting your information

Photofiddle.com uses industry best practices to protect your information and your privacy. When your password or credit card number are requested on the site, we use SSL to present secure pages to protect that information.
You can tell if you are using a secure server by looking at the bottom of your browser window. In Netscape Navigator or Internet Explorer, you will see a lock icon. When the symbol is unbroken or the padlock appears to be in its closed state, the page is encrypted and therefore secure. If you wish to take advantage of the latest encryption standards, be sure you have the latest version of the browser you're using. You can download the latest version from the Netscape or Microsoft Web sites. Beta versions of browsers are not recommended.

Protecting your pictures

Only you decide if you want to share your Photofiddle.com images. Your pictures are never made publicly accessible, and are shared only by your explicit action.

Protecting against accidental deletion of your pictures
To help you with accidental deletions, PhotoFiddle.com holds photos that you've deleted for at least 2 weeks, but no more than 60 days. If you need to recover deleted photos please send us an email. We'll restore all of the photos you've deleted in the last hold period and send you a confirmation email.

Passwords

Your account is protected by a password. You choose a password when you first start an account with us. Do not share your password with anyone else.
Your password should:
  • be between 4 and 10 characters long
  • include both numbers and letters
  • not contain symbols (*, $, #, %, etc.)
  • not be a word in the dictionary
Examples:
Valid passwords: Md55H7, Geo88RGE8, B55GFillas
Make sure to select a password that isn't obvious. A good password includes seemingly random letters and numbers, for example, F3M8N1. You can change your password at any time, and you can set a new password in case you forgot your old one.

email notification of new Photofiddle.com features and special offers

We will notify you about new features and services on Photofiddle.com ONLY if you request to receive this information when you register as a new user. You may subscribe or unsubscribe to this notification service through your account profile on the Photofiddle.com website.
We may send you site and service announcement updates with important information about the service. Members are not able to un-subscribe from service announcements.

Sharing your information with third parties

PhotoFiddle.com will not share your email address or account activity with any third party.

Cookies
Cookies are pieces of information that your browser receives from Web sites and stores on your computer's hard drive. Information in cookies includes preferences you select while visiting a particular Web site. For example, by storing cookies on your hard drive, you'll return to a specific Web site with the same settings you used on a previous visit.
PhotoFiddle.com never saves information such as your password or your credit card number on cookies. We do require cookies in order to manage and protect your PhotoFiddle.com session, and if you choose, to store your email address (so you don't have to type it in every time you log in). If you have cookies turned off, you will not be able to access the PhotoFiddle.com service.

Log files

Our servers store IP addresses for all connections to the service. This data is analyzed in the aggregate for administration purposes and is not linked to your personal account. Occasionally, we may use the IP logs to gather information that might help Customer Support respond to an inquiry by you about your account, but will not do so without an initial action by you.

Legal exceptions to the rules

Only in the case of our good-faith belief that the law requires it or, to protect your or PhotoFiddle.com rights or property, will we disclose customer information to proper law enforcement authorities even though you might have sent us an email requesting that we don't share your information. This information may be necessary to identify, contact or bring legal action against anyone who may attempt to cause injury to another's rights or property.

Making general information on groups of our customers available to other companies

PhotoFiddle.com may share very general information about our customers as a whole group with advertisers, business partners, sponsors and other third parties. For example, we might say that a certain percentage of our customers live in California, while a different percentage live in New Jersey. We use this data to customize our service offerings and content based on your needs. This data is not personally identifiable.

Notification of changes

If our privacy policy changes, we will email our users announcing that the new privacy policy, and if applicable, provide users with a way to opt out of any changes to the way their personal information will be used.

Staying current with your information and our policies

Photofiddle.com will do our utmost to keep all your information up to date, and to guard your privacy by continuously evaluating the enforcement and nature of our policies.
  • If any of your personal information changes, or you identify a mistake in our records, please use the account profile page on the Photofiddle.com website, or contact us and we will update our data right away.
  • Please contact us to communicate any questions or concerns.