Welcome to Custom Images.
We have partnered with Grand River Imaging, Inc (GRI) to complete
your order. GRI is located at 3525 Lousma Dr SE,
Grand Rapids, Michigan 49548. These Terms and Conditions of Use govern your use
of GRI services. Your use of these services constitutes acceptance of the Terms
and Conditions of Use and creates a binding agreement. If you do not accept
these terms, do not use this web site. Please check these Terms and Conditions
of Use frequently, as we may from time to time make changes to the Terms and
Conditions of Use. The most up-to-date version of these Terms and Conditions of
Use will be available for your review on the web site. Amendments will become
effective at the time they are posted on this web site. Your continued use of
the web site after amendments are posted will constitute your acceptance of
such amendments. We may at any time modify or discontinue any aspect or
component of the web site. You must be 18 years or older to use GRI.
1. Events
Your GRI event is available for your personal use. Your event can be utilized
to view, share, and purchase photographic products and services made available
by Custom Images on
the GRI site. You can also view photographs in other events if you have been
authorized by that event holder. Any photographs in your event are password
protected unless you allow other GRI event holders access to such photographs.
GRI reserves the right to cancel or discontinue events which have been inactive
for more than 120 days.
2. Photographs/Products/Services
All of the photographs featured on your event(s) were created by Custom Images, who has
provided them to GRI for sale and distribution. The copyrights in the
photographs are owned by Custom Images who has licensed to GRI the
right to post them on the site and provide the services offered. You can
purchase the photographs and products featured on our Web site from GRI in the form of
photographic prints, or other photographic products as may be offered from time
to time on the site ("Products"). You acknowledge that all Products are custom
made to your order and have no market beyond your purchase thereof. As such,
all Products are non-returnable and payment for all Products is required to be
made in full in advance. All items purchased through GRI and shipped to you are
subject to a shipment contract under which the risk of loss and title for such
items pass to you upon our delivery to our shipping carrier. You may not
reproduce, display, transmit, distribute or otherwise exploit the Products, or
any portion thereof, in any manner, including, without limitation, print or
electronic reproduction, publication or any display of photographs, without the
prior written consent of Custom Images. While
you may be able to add captions and descriptions to the photographs in your
event in accordance with the terms hereof and the software provided, you agree
not to otherwise modify, alter or otherwise manipulate any Product, including
without limitation, adding other material to a Product, without the prior written
consent of Custom Images. GRI requires photographers to upload
their images to the web site. GRI makes no representations or warranties as to
the accuracy, correctness or reliability of the photographs, nor can GRI ensure
that all persons depicted in the photographs have consented to the display of
their image on this Web site. If your photograph appears on this Web site
without your consent and you wish to have it removed, please contact Custom Images
directly.
3. Content
The following content is not allowed: Threatening, obscene, pornographic or
profane material or any other material that could give rise to any civil or
criminal liability under applicable law. While GRI does not and cannot review
all content provided to it, and is not responsible for such content, GRI
reserves the right to delete, edit or rearrange content that it, in its sole
discretion, deems abusive, defamatory, obscene or in violation of copyright or
trademark laws or otherwise unacceptable. You acknowledge that any content may
be removed, published, copied, modified, transmitted and displayed by GRI for
the purposes of delivering the offered services. GRI will not be liable for any
content provided to it, including the photographs and any content added by
event participants/clients/users.
4. Disclaimers
THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS
AND OTHER PRODUCTS)
ARE PROVIDED "AS IS" AND GRI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW. GRI DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS
CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. GRI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN
TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU
ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT
GRI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION
RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
5. Limitation of Liability
Neither GRI, nor its subsidiaries, parent or representatives shall be
responsible or liable for any damages of any kind including, without
limitation, lost business or profits, direct, indirect, incidental,
consequential, compensatory, exemplary, special or punitive damages that may
result from your access to or use of either this Web site or the photographs or
Products. You acknowledge that Custom Images is an independent contractor
and if you are not satisfied with the photographs or Products in any way, you
shall look solely to such Custom Images, and not to GRI, for any damages
and/or claims whatsoever relating to the photographs or Products.
6. Indemnification
You agree not to reproduce, display, transmit, distribute or otherwise exploit
the photographs or Products, or any portion thereof, in any manner not
authorized by GRI, or infringe any intellectual property rights or any other
rights relating to the photographers, photographs, Products or this Web site.
You agree to defend, indemnify and hold GRI, its subsidiaries, parent and
representatives, harmless against any losses, expenses, costs or damages,
including reasonable attorneys' fees, incurred by them as a result of (1)
unauthorized use of the photographs or Products, (2) your breach or alleged
breach of these terms of this Agreement; and/or (3) any claims arising from or
relating to your use of GRI services not solely caused by the fault or
negligence of GRI.
7. Ownership of Our Web site
All of the content (other than the photographs) on our Web site, including
without limitation, the graphics, design, and look and feel are owned by GRI
and are protected by United States and international copyright, trademark,
patent, trade secrets and other intellectual property rights protection. The
GRI logos are trademarks owned by GRI and may not be used or reproduced without
our written permission. In addition, you may not reverse engineer, de-compile,
or otherwise disassemble software included on this Web site.
8. Third-Party Software
GRI may make software from third-party companies available to you. To download
such software, you may be required to agree to the respective software licenses
and/or warranties of such third-party software. Each software product is
subject to the individual company's terms and conditions, and the agreement
will be between you and the respective company. This means that GRI does not
guarantee that any software you download will be free of any contaminating or
destructive code, such as viruses, worms or Trojan horses. GRI does not offer
any warranty on any third-party software you download using the Web site.
Moreover, 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 Web site.
9. Third-Party Links
GRI may provide links to third-party sites that might be of interest to you.
GRI has no control over the content or availability of the contents of these
sites. It is your responsibility to become familiar with each site's privacy
and other policies and terms of service, and to contact that site's webmaster
or site administrator with any concerns.
10. International Use
GRI makes no representation that materials on this site are appropriate or
available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on their own initiative
and are responsible for compliance with local laws.
11. Force Majeure
GRI shall bear no responsibility or liability for any costs or damages
resulting from its inability to perform any of its obligations under this
Agreement due to acts of God, the elements, strikes, shortage of parts, actions
or decrees of governmental bodies, computer viruses, Internet connectivity
failures or any other causes beyond the reasonable control of the affected
party ("Force Majeure Event"). A Force Majeure Event shall not constitute a
breach of this Agreement.
12. Password
You represent and warrant that the password used by you to access the event is
a properly authorized password provided to you by a person having authority to
do so.
13. Other Terms
These terms shall be governed by and construed in accordance with the laws of
the State of Michigan, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts located in
Kent County and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any provision of
these terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. You acknowledge and
agree that except as specified herein, no representations, warranties or
promises of any kind have been made to you by GRI regarding the use of the Web
site or the use or purchase of the photographs or the Products.
14. Privacy
We may collect information (including name, address, telephone number, and
email address) when you place an order with grandriverimaging.com. We always
want to provide you with the best possible purchasing experience and fulfill
your orders exactly as you've requested. In order to do this, we collect
information that allows us to:
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Process and track your order
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Provide the services you request
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Contact you about the status of an order
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Improve merchandise selection and customer service
We may contract with other companies to provide certain services, including
credit card processing, shipping, name and address verification, email
distribution, market research and promotions management. We provide these
companies with only the information they need to perform their services and
work closely with them to ensure that your privacy is respected and protected.
On rare occasions, we may disclose specific information upon governmental
request, in response to a court order, or when required by law to do so. We may
also share information with companies assisting in fraud protection or
investigation. We do not provide information to these agencies or companies for
marketing or commercial purposes.
A cookie is a small data file that is stored by your Web browser on your
computer. Cookies enable you to place an order on our Web site. They also allow
us to enhance and personalize your online shopping experience, so that the
information you receive is more relevant to you.
When you provide us your email address, we may send you emails necessary to
process your order, respond to a request, provide customer service, or promote
products or services. For example, after you place an order, you will receive
an email confirmation and, in most cases, an email with package tracking information.
Occasionally we may provide links on our Web site to other sites. These sites
operate independently of this site and have established their
own privacy and security policies. For the best online experience, we strongly
encourage you to review these policies at any site you visit.
15. Security
It is our intent to protect against the loss, misuse or alteration of
information that we have collected from you. We use a variety of current
technologies and processes for protection of our customer data. We limit the
information we provide to outside companies with whom we contract to only what
they need to carry out their responsibilities.
When you make a purchase on our website, your transactional information is
transmitted in a safe, encrypted format.
Our Web site is not intended for use by children under the age of 18, and we do
not knowingly collect personal information from children under the age of 18.
It is recommended that you review all of our policies periodically, as they may
change from time to time.
16. Delivery Standards
Most orders are processed and shipped within two business days following the day
of receipt.
17. Refund Policy
Due to the unique nature of every image, there are no refunds. If your images
are inadvertently damaged in shipping, please contact us at
ben@customimages.org and we will take steps to
authorize the printing of new images for you. If you sustain shipping damage,
retain ALL of the packing material as well as the damaged images. The damaged
images will need to be returned to us before any new images are printed and
shipped.
Questions or Comments?
For questions, comments or assistance, please contact us at
ben@customimages.org.