Welcome to the Harvest Fine Art Photo Center, where you may order Fine Art Poster prints. These terms and conditions, as modified from time to time, apply to your use of this website. We refer to the Harvest Fine Art Photo Center, including any of its suppliers, as “HFA,” “the Site,” or sometimes, “the Services.” Before you enter the Site or use any of the Services, it is important that you carefully review these Terms and Conditions (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into the Terms. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. We suggest that you periodically check this page to make sure you are up-to-date. You will always find the most recent version here.
By entering and using the Site, you agree to the Terms and that you are bound by and subject to them. In other words, these Terms are a binding legal agreement between you and HFA in which you promise that you will use the Site only in a manner that is consistent with the Terms. If you have questions about the Terms, please contact us at firstname.lastname@example.org. If you do not agree with the Terms, do not proceed to access the Site or use the Services.
I. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Services, use of the Services, or access to the Services for any commercial purposes.
Copyright Protection for Content on the Services
All information, images, content, software and materials offered on or posted to HFA are protected by U.S. and international copyright laws and by other laws. HFA is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with rights to your content (unless you give us permission to do so). You may not copy or distribute material unless you are the copyright owner or have permission from the copyright owner, and you are solely responsible for any copyright violations you commit as a result of your activities, even if the violation is unintentional. HFA has the absolute right to terminate your use of HFA services, including this Site, or to otherwise exclude you from the Site if you use our Services to violate the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, HFA has a process in place to respond to your concerns. Please contact us at email@example.com.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HFA (INCLUDING ITS 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 SERVICES USING YOUR ACCOUNT.
IV. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. HFA WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT THAT YOUR PRINT(S) ARE DAMAGED, OR ARE OF UNACCEPTABLE QUANTITY OR QUALITY, LOST OR NOT RETURNED, HFA’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE FOR HFA TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS OR AT HFA’S SOLE AND EXCLUSIVE ELECTION (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT SIZE MEDIA CARD.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, HFA ON BEHALF OF ITSELF AND ITS SUPPLIERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HFA MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICES, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. HFA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH HFA’S SITE OR THAT ARE ADVERTISED ON THE HFA SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
V. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, NEITHER HFA NOR ITS SUPPLIERS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree and acknowledge that HFA, in its sole discretion, may terminate your use of the Services, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by HFA elsewhere on the Site;
b. Conduct that HFA believes is harmful to other HFA users, Costco Members, HFA, the business of HFA, or other third party information providers;
c. Conduct that violates the spirit of these Terms.
Further, you agree that HFA shall not be liable to you or any third-party for any termination of your access to the Services. We urge you to make personal copies of all content you store on the Site.
VII. Choice of Law
The state and federal courts of California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.
VIII. Modification of Terms
You agree that HFA reserves the right to amend the Terms at any time, for any reason, and without notice, including the right to terminate the Services or any part of the Service.
IX. Entire Agreement
These Terms constitute the entire agreement between you and HFA and govern your use of the Services, superseding any prior agreements between you and HFA. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.
The failure of HFA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
X. Reporting Violations
You can report abuse of these Terms by contacting firstname.lastname@example.org.