THIS AGREEMENT GOVERNS THE PURCHASE OF PRODUCTS AND SERVICES BY YOU (“CUSTOMER”) FROM SHOW AND TELL INVITATIONS, LLC (“STI”). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
“Materials” shall refer to all photos, videos, documents or digital images in any media whatsoever submitted by Customer to STI.
“Shipping Fee” shall mean a minimum fee of $10.00 to be paid by Customer to STI in the event that STI is unable to use and returns Customer’s Materials.
“Services” shall mean any and all products or services ordered by Customer from STI, including but not limited to custom DVD production and creation.
“Product” shall mean the finished product created by STI in its final form. “Product” shall include, but is not limited to, the final version DVD invitations.
“We” and “Us” refers to STI and its employees, affiliates, officers and related parties.
“You” and “Your” shall refer to the Customer.
II. Modifications: We reserve the right to modify these Terms and Conditions at any time for any reason.
III. Order Acceptance: All orders of Services shall be subject to acceptance by STI. Your submission of your order to STI shall constitute your full acceptance of these Terms and Conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
IV. Content: STI reserves the right to refuse to provide Services to Customer if, in its sole discretion, STI determines that the Materials violate any laws or contain obscene or objectionable images or video.
V. Liability for Damages: Customer agrees that any liability for any damages or losses of any kind or nature to any Materials submitted and received by STI is limited to the cost of replacing such materials with unused film, videotape or other unused material.
VI. Quality of Services: Customer understands that the Services can only be as good as the Materials submitted to STI, and that Materials are submitted to STI “as is”. If STI is unable to use the Materials due to defects in the Materials or incompatible formats, STI will immediately notify Customer. In that event, a Shipping Fee will be assessed against the Customer. Once the Shipping Fee is paid, STI will return the Materials to Customer.
VII. Payment Terms: The total purchase price of Services shall be paid in advance by Customer upon submission of Materials to STI.
VIII. Cancellation Terms: Customer may cancel an Order at any time prior to STI’s completion of Product. In the event of a cancellation, any amounts due Customer shall be refunded to Customer pursuant to the Refund Terms.
IX. Refund Terms: No refunds will be payable after Product is completed. Refund amounts will vary based on the amount of work that has been performed and the expense that has been incurred. The Shipping Fee will be deducted from any refund amount due Customer.
X. Copyrights: Customer warrants and represents that no Materials submitted to STI are in violation of any copyright laws. Submission of Materials to STI by Customer indicates Customer’s guarantee that the Services will not violate any copyright or other intellectual property rights of any individual. In addition, Customer warrants and represents that the Services will not violate the privacy and/or publicity rights of any person.
XI. Indemnification: You agree to indemnify and hold harmless STI (including its officers, directors, employees and affiliates) from and against any and all losses, damages, liabilities, claims, demands, lawsuits, expenses and any other out-of-pocket costs (including reasonable attorney’s fees and expenses) STI may incur or be liable for as a result of any claim, suit or proceeding made or brought against STI based upon or arising out of allegations of (i) STI’s violation of any copyright or trademark laws; (ii) allegations of STI’s violation of any person’s right to privacy and/or publicity; (iii) Customer’s violation of any copyright or trademark laws; (iv) Customer’s violation of any person’s right to privacy and/or publicity; (v) any claim arising out of any negligent or wrongful act of Customer; or (vi) any breach of these Terms and Conditions by Customer.
XII. Limitation of Liability: You expressly acknowledge and agree that, to the fullest extent permitted under law, STI will have no obligation or liability, whether arising in contract, tort (including negligence), warranty or product liability, for any incidental, indirect or consequential damages or liabilities arising with respect to your use of the site or the service, even if we have been advised of the possibility of such damages.
XIII. Exclusive Remedy: All Services available through STI are provided on an “as is” basis. In the event that you purchase Services from STI and the Product is damaged, of unacceptable quantity, lost or not delivered, STI’s sole obligation, and your sole and exclusive remedy, shall be for STI to either (i) refund the full amount of the purchase price of the Services, or (ii) remanufacture the merchandise at no additional cost.
XIV. Marketing Rights. Customer expressly grants to STI the right to use any Product created for Customer by STI in its marketing and website materials at any time. Use of Customer’s Product by STI pursuant to this provision shall occur at the sole discretion of STI.
XV. Governing Law/Waiver of Jury Trial: These Terms and Conditions and all purchases subject to these Terms and Conditions shall be governed by and construed under the laws of the State of Florida, without regard to its conflict of laws rules. You agree that the courts of Florida shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively in the state or federal courts of Orange County, Florida. Customer and STI hereby waive trial by jury with respect to any dispute relating to these Terms and Conditions or your order.
XVI. Force Majeure: STI shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident or any other causes beyond the control of STI.
XVII. Waiver/Invalidity: Failure of STI to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its rights and remedies. If any provision of these Terms and Conditions is deemed by a court to be unenforceable, the remainder shall stay in effect.
XVIII. Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all discussions, documents, agreements and prior courses of dealing. Modifications or amendments to these Terms and Conditions are not effective unless in writing and signed by each party.
Customer name: _______________________________________ Date: ___________
Customer signature: ______________________________________