terms of service

 

Terms of Service

 

Introduction
Services available to you on this Web site are provided to you by Mimosa Digital L.L.C. (“Mimosa Digital”). These Terms of Service govern your use of Mimosa Digital's services. Your use of Mimosa Digital's services constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. Note: You must be 13 years or older to use this service.

Registration
You agree that the information that you provide to us on registration 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. We will use the information you provide to us in accordance with our Privacy Policy.

Data File Upload Policy
Mimosa Digital provides 30-days free, temporary, online storage of data files to its customers in order to facilitate file uploads for transmission to Mimosa Digital for printing or other digital services requested. You may subscribe to keep your photos or digital files online. Mimosa Digital may, at its option, terminate access to an account (including deletion of any account information held by Mimosa Digital). Mimosa Digital may change this policy at any time, upon reasonable notice to you.

Your Privacy
Mimosa Digital has a firm commitment to safeguarding your privacy. Please review Mimosa Digital's Privacy Policy. The terms of Mimosa Digital's Privacy Policy are considered part of, and are incorporated into, these Terms of Service.

Your Conduct
You are responsible for all of the data files you upload, share, or copy using Mimosa Digital's service. You must have the legal right to print each data file that you upload, and to copy each data file that you order prints of. Professional images and videos that are provided to you by professional photographers, professional videographers, or made available through websites, magazines, books, videos, or other resources, are protected by copyright and should not be uploaded, shared, or copied using this service.
In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of uploaded material, and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:
• Upload, post, order for print or editing, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
• Upload, post, order for print or editing, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
• Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
• Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
• Provide any information to Mimosa Digital that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Mimosa Digital reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, Mimosa Digital reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Mimosa Digital or others.

Trademark and Copyright
MIMOSA DIGITAL and all graphics, logos, and service names used to identify Mimosa Digital's products and services are trademarks of Mimosa Digital L.L.C. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.
You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

No Monitoring of Content
Mimosa Digital does not control the content of any user's account folder and does not have any obligation to monitor such content for any purpose. All content provided by a user of this service is the sole responsibility of that user, not Mimosa Digital.


DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY MIMOSA DIGITAL ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MIMOSA DIGITAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO MIMOSA DIGITAL, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH MIMOSA DIGITAL'S 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 IMAGE 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 DIGITIAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, MIMOSA DIGITAL SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY MIMOSA DIGITAL, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, MIMOSA DIGITAL WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, MIMOSA DIGITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF MIMOSA DIGITAL'S SERVICE OR SITE, EVEN IF MIMOSA DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Submitting any film, print, slide, negative or digital media to Mimosa Digital for processing, scanning, printing, photo restoration or other handling constitutes an AGREEMENT by you that any damage or loss by our company, subsidiary, or agents, will not entitle you to any recovery and no warrantee is entered into. The acceptance by our company, subsidiary and/or agents of the film, print, slide, negative, scanning or digital media and original photos for restoration is without other warranty or liability, and recovery by anyone for any incidental or consequential damages is excluded irrespective of whether the damage occurs because of our negligence, breach of contract, strict liability or other cause. Mimosa Digital does not assume any liability, whether lost or damaged by fire, theft, negligence or any other means, for customer supplied materials such as photos, frames, paintings, artwork, etc., that are submitted with orders. We are not responsible for materials or orders left unclaimed for more than 30 days after completion of our service. All prices and service specifications are subject to change without notice. IN THE UNLIKELY EVENT THAT YOUR ORDER IS MISPLACED, LOST OR DAMAGED, YOU AGREE THAT MIMOSA DIGITAL IS NOT LIABLE AND THERE WILL BE NO COMPENSATION OR PAYMENT OF ANY KIND.

PROFESSIONAL COPYRIGHT:
Mimosa Digital protects artists work and will not duplicate or accept any copyrighted materials, unless you are the owner or have permission to reproduce the work. You agree that you are the owner or have permission to reproduce the work. When photographs have a copyright symbol (©), it is the responsibility of you (the customer) to obtain a Release Waiver signed by the photographer. This will allow you to have the photograph duplicated, restored, altered, copied or scanned. By placing the order, you agree to release Mimosa Digital, and its employees and directors of any and all obligations associated with the duplication of the photographic work submitted. This is an unlimited release for your required work of materials that is copyrighted for the work produced by Mimosa Digital under this agreement. You, in effect, grant full and absolute permission for Mimosa Digital to reproduce the materials or take any other action it deems necessary to complete the required work assignment for you within a suitable time period. As the owner of the copyrighted work, you agree to permit Mimosa Digital to only duplicate it for you, and you, nor anyone else, will hold any claims against Mimosa Digital You also guarantee and obligate yourself to confirming that you in fact hold the sole copyright to the materials submitted. All costs related to the work submitted is to be paid by the customer sending the work to Mimosa Digital This customer and/or holder of the copyright is responsible for any and all legal disputes that may arise in relation to this "Copyright Indemnification Agreement." Any infringement of this policy is a violation of federal copyright laws. By placing this order, you agree to the above terms and conditions and agree that you are the holder of all copyrighted work and grant full permission for Mimosa Digital to duplicate this work for you.


General Terms
All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of New Jersey without regard to conflicts of law principles. These Terms of Service (including the Privacy Policy, Return Policy, and User Agreement) constitute the entire agreement between you and Mimosa Digital with respect to the use of this service. Mimosa Digital's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Mimosa Digital reserves the right to amend these Terms of Service from time to time. In the event of a material change, we will notify you by email, sent to the email address you provide to us. If you continue to use the service once you have been notified of the changes to the Terms of Service, you will be deemed to have accepted the changes.

Address
119 Washington Street
Hoboken, NJ 07030
Map to Mimosa Digital

Telephone
(201) 222-1103

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