TERMS AND CONDITIONS INCLUDING PRIVACY.

Please read these Terms of Service carefully. These Terms of Service govern your access to this site and our products. DVD Portraits provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when using particular DVD Portraits services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services which may be posted on our site or on the sites of our affiliates or subcontractors, from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

DVD Portraits currently provides users with access to a large collection of on-line customizable designs to be used to create DVDs and other media as a final rendered product, and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DVD Portraits features, shall be subject to these Terms of Service. You understand and agree that the Service is provided "AS-IS" and that DVD Portraits assumes no responsibility for deletion, mis-delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.

1. DVD Portraits cannot, and does not, check any submission for spelling, grammar, or any other errors. The design will be manufactureed as it appears during the approval step. It is the sole responsibility of the customer to ensure that all materials submitted for dvd production or printing are formatted correctly.



2. DVD Portraits guarantees final products will not be defective in accordance with NTSC or PAL industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. DVD Portraits does not guarantee color will match the preview as it appears on a customer's monitor, as we cannot compensate for color variance on each customer's monitor. DVD Portraits is not responsible for any color shift that occurs in conversions from CMYK to RGB color modes as a result of customer uploaded pictures. We recommend all custom designs be designed in RGB and uploaded in RGB. You may also upload in CYMK if you choose. However, the color will be converted and may not be as accurate.
   If a DVD or print is found to be defective due to the fault of DVD Portraits , then you may contact DVD Portraits to request a replacement DVD, reprint photograph or refund. DVD Portraits must be contacted via e-mail at info@dvdportraits.com or by phone at (877) 221-6426 within 30 days of receiving your order.
   
   If product is deemed defective due to the fault of DVD Portraits , one of the following resolutions will be offered:
   A. If a replacement or reprint is requested, and the product is found to be defective, DVD Portraits will replace or reprint at no charge to the customer with the same production and delivery terms extending from the time of resolution. Samples may be requested prior to any action being taken; or
   B. If a refund is requested, a Customer Retention representative will contact you to help issue your RMA (Return Merchandise Authorization). Customer must contact an DVD Portraits representative within five business days of communication from DVD Portraits ' Customer Retention representative to verify the request. DVD Portraits reserves the right to request and review samples of the claimed defective product before issuing a RMA. If the product is found to be defective due to customer error, a RMA will not be issued and a refund will not be authorized. If the product is found to be defective due to an DVD Portraits error, the product must be returned. The product must be received by DVD Portraits within 30 days after RMA is issued. Refunds will be processed only after an RMA has been issued and the entire product has been returned to and reviewed by DVD Portraits .
   
   


3. Refunds will not be offered for customer errors.
   
   Customer errors include typos, incorrect file submission in accordance with our specifications, duplicate orders, misunderstandings of turnaround time stated on our FAQ page, slight color variances within four color (NTSC or PAL) industry standards for pleasing color, undeliverable packages/3rd delivery attempts and orders returned without an RMA.
   
   
   
4. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the DVD Portraits Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
   The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.
   


5. You acknowledge that DVD Portraits may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on DVD Portraits ' servers for Customer use. You agree that DVD Portraits has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that DVD Portraits reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that DVD Portraits reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
   


6. This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as "Content"). It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. DVD Portraits reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. DVD Portraits reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of a image design and/or your incorporation of a image design into one or more products. Other DVD Portraits customers may use the design tools to create images that have similar or identical combinations of these elements and DVD Portraits does not guarantee that your image will not have similarities to images designed and used by other parties. DVD Portraits provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the image design is legally available for your use and does not infringe the rights of another party.
   
   While DVD Portraits does not pre-screen Content, DVD Portraits shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. You further acknowledge and agree that DVD Portraits may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
   
   You agree to comply with all rules, regulations and laws or other requirements regarding online conduct and acceptable Content. DVD Portraits does not censor any material nor review material to determine whether it is in compliance with the law. DVD Portraits accepts no liability for materials that are subject to copyright or trademark protections or that are otherwise in violation of the law. DVD Portraits will not be held accountable for possession of illegal materials or illegal use of materials in connection with the Service. DVD Portraits does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will DVD Portraits be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
   (i) comply with legal process;
   (ii) enforce the Terms of Service;
   (iii) respond to claims that the Content violates the rights of third-parties; or
   (iv) protect the rights, property, or personal safety of DVD Portraits , its users and the public.
   


7. You agree to indemnify and hold DVD Portraits , and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
   


8. DVD Portraits guarantees all products with shipping methods other than ground or standard will be placed with the carrier for delivery within 10 business days if ordered before 5:00 pm US Eastern Time(ET). (DVD Portraits cutoff time of 5:00 pm ET is based on the time we receive notification of a payment clearing from the billing agent. Typical credit card payments clear within 5 seconds; electronic checks, however, may take up to 5 business days to clear.) Refused or undeliverable orders are not a valid reason for refund and reshipment of the order will be at the customer's expense. DVD Portraits utilizes third-party carriers to deliver your order and is not liable for delivery problems caused by these carriers. DVD Portraits makes no guarantee about time in transit of any shipping method. In the event an order is lost, misplaced or damaged while in transit, a notification of non-receipt must be sent via e-mail to info@dvdportraits.com and include the invoice number.
   DVD Portraits is allowed 5 business days from the time of notification to respond with one of the resolutions below:
   A. Store credit or refund may be given for dated material delayed in shipping.
   B. When lost packages cannot be located or are verified as having been damaged, DVD Portraits will replace with the same production and delivery terms extending from the time of resolution.
   C. If the lost package is located, DVD Portraits will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by the carrier will be rerouted to the customer promptly upon discovery. Shipping carriers typically require a 10 business day window for refund of shipping costs.



9. DVD Portraits is an international company with production and shipping locations across the United States and Europe. While we make every attempt to ship from the location nearest you, your order may come from any of our locations. Please be advised that if you are ordering products with a tight deadline, you should select next day air, 2nd day air or 3rd day air to insure a timely arrival. Packages shipped outside of the country of origin may be charged a duty based on the receiving country's import tax. DVD Portraits is not responsible for the payment of this fee.



10. You understand and agree that DVD Portraits and its officers, employees, agents, vendors, affiliates or subcontractors, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DVD Portraits has been advised of the possibility of such damages), resulting from:
    (i) your use or inability to use the Service;
    (ii) your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
    (iii) the unauthorized access to or alteration of your transmissions or data;
    (iv) statements or conduct of any third party on the Service;
    (v) delays in receipt of an order; or
    (vi) any other matter relating to the Service.



11. DVD Portraits cannot be held responsible for any inability to work on the product after purchase. DVD Portrait DVD based products work in approximately 95% of all consumer DVD players. Please check the list here to see if your DVD is listed and is verified as compatible. This is by no means a defined lists as players are improved all the time. We work to SONY Corporation standards in our production, so other players will work. Problems playing products using non compliant DVD players is not a valid reason for a refund although refund is given at our discretion only.



12. DVD Portraits does not refund, cancel or credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.



13. Orders may only be canceled through contacting our offices 9-7 ET within 24hrs of placing the order. Orders that have already processed cannot be canceled.




14. DVD Portraits reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with DVD Portraits . Any customer may opt out of receiving future contact from DVD Portraits at any time, by unsubscribing from our email correspondence.



15. DVD Portraits reserves the right to share contact information with its trusted and reputable corporate partners. These entities abide by their own terms of service and privacy policy. Any further information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party. However, we will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order.



16. DVD Portraits reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that DVD Portraits , in its sole discretion, may terminate your account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if DVD Portraits believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. DVD Portraits may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that DVD Portraits shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.



17. From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. DVD Portraits does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that DVD Portraits shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.



18. Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that DVD Portraits shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.



19. Except as expressly set forth herein:
    A. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. DVD Portraits 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.
    B. DVD Portraits makes no warranty that
    (i) the Service will meet your requirements,
    (ii) the Service will be uninterrupted, timely, secure, or error-free,
    (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
    C. No advice or information, whether oral or written, obtained by you from DVD Portraits or through the use of the Service shall create any warranty not expressly stated in these terms of service.



20. The Terms of Service constitute the entire agreement between you and DVD Portraits and govern your use of the Service, superseding any prior agreements between you and DVD Portraits . As referenced in the following paragraph, you also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These Terms of Service and the relationship between you and DVD Portraits shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. For the purpose of resolving any dispute, the state and federal courts located in Jasper County, Texas shall have exclusive jurisdiction. The failure of DVD Portraits to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.



21. LINKS TO OTHER SITES: From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy.



22. MODIFICATIONS TO THE WEBSITE, PRODUCTS, OR SERVICES: We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.



23. REFUSAL OF SERVICE: We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms of Service. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our website, products, or services. We may refuse or terminate orders if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.