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HOORRAY TERMS AND CONDITIONS
Before you register and create a Hoorray account please read these terms and conditions ("Terms") carefully as they contain the terms and conditions that govern your access to, and use of, the HOORRAY website ("Site"), use of the services and purchase of any of the products we offer.
By checking the "I have read the terms and conditions" button upon sign-up you agree to be bound by the Terms.
We reserve the right to change the Terms from time to time. If you have registered we shall attempt to notify you of any material changes to these Terms by email sent to the address you have provided when you registered. However, there may be situations in which you have not received a notice and therefore we encourage you to refer to these pages periodically to check for any changes. If you continue to access the Site following the changes to these Terms, you will be deemed to have accepted those changes.
Depending on the services you use and the products you purchase, you may be subject to other terms and conditions on different pages of this Site, which are all incorporated by reference into the Terms.
Part A: Provisions Applicable to All Users of the Service
1. DEFINITIONS
"Content" includes all digital images and audio files that you upload to the Site.
"Products" means those Hoorray products that we offer to you from time to time through our Site and any other manner.
"Service(s)" means the use of this Site and the services provided through the Site which include the ability to view, share, store, print digital images and create audiovisual products through a range of electronic devices including personal computers and hand-held devices.
"we" and "us" means International Masters Publishers, Inc, 225 Park Avenue South, New York, NY 10003,
"you" and "user" means any person who visits the Site, registers, uses our Service or purchase our Products.
2. REGISTRATION
2.1 Anyone who is at least 13 years of age and older may register. If your parent or guardian has any questions concerning HOORRAY, they should contact info@hoorray.com. Registration is free and it entitles you to upload an unlimited number of images during the life of the registration and provides you with access to all features within the Site.
2.2 You agree that the information that you provide to us when registering and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
2.3 When you register and create an account you will choose a password and need to confirm your password. If you forget your password, click on "forgot your password" and we will reissue you a new password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify us immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to change your password if we believe that your password is no longer secure.
3. USE OF SERVICE/SUBMISSIONS
3.1 You are responsible for all the Content you submit and you represent and warrant that you own all the rights to the Content, the Content is original, it is not copyrighted and does not infringe the proprietary, publicity and privacy rights of any third party.
3.2 You understand and agree that you will be responsible to keep back-up copies of all the Content that you submit to us and you are not relying on us to back up your Content.
3.3 You cannot use the Service:
a. for any unlawful purposes;
b. to submit, upload, post, record, order for print or press (DVD), email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
f. to attempt to upload images by any method to another user's account without permission;
g. to upload, post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
h. to make images posted on the Site available for viewing by the general public through a publicly posted link to the image or otherwise (other than through Share Photos or Share Photo Creations);
i. for any commercial purposes;
j. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
k. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
l. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
3.4 We are not under any obligation to examine or otherwise review any Content that is submitted by you in using the Service. However, from time to time we, or our service providers, may examine Content and we reserve the right, at our sole discretion to delete, move or edit Content that we may determine is unlawful or prohibited Content. In the event an order contains unlawful or prohibited Content, as determined by us, we reserve the right to refuse to ship your order; however you will be responsible for the cost of such order.
3.5 You agree that you will not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
b. provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
c. resell the Service or any portion of the Service.
3.6 If you invite someone to see your photos or you share your photos or creations by forwarding a link, you accept the risk that the pictures, creations and any associated audio messages may be forwarded to people you did not intend to receive them and may be used in a way that you did not intend. Please be careful when forwarding pictures or requesting comments.
3.7 Messages or comments posted to HOORRAY's blog(s) by visitors to our Site are solely the opinion and responsibility of the person posting the message. Visitors may occasionally post messages whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We do not endorse these messages, and the opinions, advice and statements contained in these messages are solely of those who posted them and may not reflect our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Further, we, our affiliates, our suppliers or agents are not liable for any loss or damage caused by your reliance on such information obtained when visiting HOORRAY's blogs. We have no obligation to, monitor the blogs and any materials displayed, transmitted or otherwise made available on or through them.
We reserve the right to remove any post or comment that is in violation of our Terms, specific to, but not limited to, the appropriateness of its content. Please understand that any information that you post is done at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as your contact information or email address.
3.7 If you agree to display your photo album in the Creative Corner by clicking on 'Yes, please display my photo album', you are giving us royalty free permission for us to display your finished product on the Site for an unlimited amount of time on the Site.
4. INDEMNIFICATION
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, INCLUDING OUR DIRECTORS AND OFFICERS, OUR PARENT AFFILIATES, JOINT VENTURES, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, (COLLECTIVELY THE "HOORRAY GROUP") FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS' FEES, RESULTING FROM OR ARISING OUT OF ANY BREACH OR VIOLATION OF THESE TERMS AND CONDITIONS, ALLEGATION OR ACTUAL INFRINGEMENT OF A THIRD PARTY'S COPYRIGHT, USE OR MISUSE OF THE SERVICE BY YOU OR ANY OTHER PERSON WHO ACCESSES THE SERVICE USING YOUR ACCOUNT, OR ANY VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
5. AVAILABILITY
5.1 We will use reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control.
You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. You are responsible for creating backups of any Content you upload to the Site.
6. PRIVACY
We have a firm commitment to safeguarding your privacy. Please click here to review our Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms.
7. COPYRIGHT/TRADEMARK
7.1 Copyright in the pages, screens displaying the information, and materials contained in this Site is owned by International Masters Publishers (IMP) AB unless otherwise stated. Nothing contained in this Site shall confer to you in any manner, any license, title or ownership in, or to, any intellectual property right of IMP AB, its parent or affiliates, or any third party.
7.2 You cannot submit Content that you do not own or do not have permission from the owner to submit. At any time, we may request proof of ownership from you of the content/materials you submit when using the Service. If we do not receive satisfactory proof and there are claims of infringement relating to such Content we may, at our discretion, refuse to process any order relating to such potentially infringing content, remove the potentially infringing content, share the information with any third parties as may be required under law, and in the appropriate circumstances suspend or terminate your registration.
7.3 By submitting Content you hereby grant us with a perpetual, worldwide royalty-free, non-exclusive license to copy, publish, modify, transmit, display distribute and otherwise use the Content you submit for the purpose of providing you the Services.
7.4 If you believe another user has infringed your copyright please contact us at the following address and email with the details.
HOORRAY
c/o International Masters Publishers, Inc.
225 Park Avenue South
New York, New York 10003
Attention: Copyright Infringement
Email: copyright@hoorray.com
7.5 HOORRAY is a trademark of International Masters Publishers AB. All trademarks are used under license by International Masters Publishers, Inc. Certain other words and symbols used herein may have trademark, service mark, or trade rights associated with them even though there is no mention of such rights.
8. ORDERS/SHIPPING
8.1 No orders are considered accepted orders until you receive a confirmation email stating that your order has been confirmed and you have been provided an order confirmation number.
8.2 All prices are stated in U.S. dollars and are valid until changed by us. Prices do not include delivery charges, sales tax or any import duties that may be added by the order destination country. Postage and any applicable sales tax will be added to your order during the checkout process. We will try and make every effort to provide current and accurate information about Products, Services and prices but we do not guarantee the accuracy of such information. Information about Products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order Products and the price published on the Site was incorrect, we will contact you to let you know the correct price and ask you whether you still wish us to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only. Please check our Specials Section on the Site to learn about any promotions that may be available to you.
8.3 Once you submit an order through the Site the order is final and you cannot change the order. Please make sure you have reviewed the order, the pictures are those you like, the text has no typographical errors, the audio is clear and linked to the correct images and the placement of the images and text is exactly the way you want it. ALL ORDERS ONCE SUBMITTED ARE FINAL. YOU CANNOT CHANGE AN ORDER AND YOU ARE FINANCIALLY RESPONSIBLE FOR THE ORDER REGARDLESS IF YOU SUBSEQUENTLY DETERMINE A PICTURE, TEXT AND/OR AUDIO IS NOT TO YOUR LIKING.
8.4 Ownership to the items ordered by you whether online through the Site or by phone pass to you upon shipment, which means that you bear the risk of loss once the items in your order are picked up by the carrier of your choice.
8.5 When you place an order with us, we will bill you when the items are shipped. If your order contains multiple items that may be shipped at different times, we may charge your credit card for those partial amounts as items are shipped.
9. RETURNS
9.1 If you receive a Product and you are not completely satisfied, please call customer service within thirty days of receipt.
9.2 We take pride in providing our customers with the highest quality products. In this effort we have spent time researching and finding the best vendors to provide you with quality Products. Each vendor uses a different system, which may result in variances in the colors of your pictures. For example the colors of a picture used in a photo album may be slightly different when the same picture is used on a key chain, a mug or a calendar. These variances in color are normal and are not considered production faults.
10. EXTERNAL LINKS
10.1 From time to time we may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss, damage or inconvenience that you may suffer by using other websites.
11. IMAGES
11.1 You may upload images up to 10MB in size.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
12.1 THE SERVICE, THE CONTENT MADE AVAILABLE THROUGH OUR SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" ON AN "AS AVAILABLE BASIS" WITH NO WARRANTIES WHATSOEVER WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE.
12.3 YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.
12.4 WE DO NOT MAKE ANY WARRANTIES OF ANY KIND WITH REGARDS TO THE SERVICES AND PRODUCTS YOU PURCHASE THROUGH, OR ARE ADVERTISED ON, THIS SITE. IN THE EVENT THAT YOUR PRODUCT IS RECEIVED DAMAGED, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
12.5 TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES INCLUDING , BUT NOT LIMITED TO, LOSS OF PROFITS, MATERIALS, DATA OR OTHER TANGIBLES OR INTANGIBLES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY CHANGES TO THIS SITE OR THE SERVICES AND PRODUCTS OFFERED, OR (VI) OTHER MATTERS RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED $100.00.
13. CANCELLATION OF YOUR REGISTRATION/ACCOUNT
13.1 It is our mission to create a safe and friendly environment in which you and other users can use the Services and Products. If you do not comply with these Terms, we may at our discretion, cancel your registration, close your account and remove the Content that you have uploaded.
13.2 You may cancel your registration by emailing customerservice@hoorray.com with your account details or visit the "My Profile" section.
14. COMMENTS/IDEA SUBMISSIONS
14.1 From time to time we will ask you for feedback and ideas on how to improve the site and our Products and Services. We appreciate all your submissions but please understand that any and all ideas that you submit to us on how to improve our Site, the Services and Products automatically become our property, that is, you assign all intellectual property rights in the idea to us and you lose any right or interest you had in such idea. If a court holds the assignment not to be valid then by submitting an idea you grant us and our affiliates a royalty free, perpetual irrevocable license to use and reproduce the idea in any format, in part or in whole, in the US and abroad. If you want to retain ownership of your ideas please do not submit your ideas to us but rather send us an email at ideas@hoorray.com and insert "New Ideas" in the subject line and tell us about your idea in very general terms. If we want to pursue the idea we will contact you directly.
14.2 If you have any comments or questions about our Services and or Products please contact our Customer Service Department by clicking Contact.
15. DELAYS
15.1 If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any Service and/or Products or any delay caused by such event beyond our reasonable control.
16. INTERNATIONAL USERS
16.1 If anything happens that is beyond our control such as a war, riots, fire, flood, labor strikes or failure/delay of transportation, we and our subcontractors and suppliers will not be liable for the unavailability of any Service and/or Products or any delay caused by such event beyond our reasonable control.
17. APPLICABLE LAW AND JURISDICTION
17.1 These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.
18. ENTIRE AGREEMENT
18.1 These Terms constitute the entire agreement between you and us with respect to the Site, the Services and Products. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable.
