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H2O Photo Pros Terms and Conditions
H2O Photo Pros provides website features to you subject to the following terms and conditions. By accessing, browsing, or using this site, you acknowledge that you have read, understand, and agree to be bound by these terms and conditions. Please read them carefully. If you do not agree to these terms then please do not use this site.
PRIVACY
Please review our Privacy Policy, which also governs your visit to this site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of H2O Photo Pros or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property ofH2O Photo Pros and protected by U.S. and international copyright laws. All software used on this site is the property of H2O Photo Pros or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
H2O Photo Pros grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of H2O Photo Pros. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of H2O Photo Pros. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of H2O Photo Pros without express written consent. You may not use any meta tags or any other “hidden text” utilizing H2O Photo Pros’s name or trademarks without the express written consent of H2O Photo Pros. Any unauthorized use terminates the permission or license granted by H2O Photo Pros. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of H2O Photo Pros.com so long as the link does not portray H2O Photo Pros, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any H2O Photo Pros logo or other proprietary graphic or trademark as part of the link without express written permission.
LINKS TO THIRD-PARTY SITES
This Site contains links to third party sites. These links are provided for your convenience. H2O Photo Pros does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about the third party site or its content. A link to a third party site on this site does not constitute sponsorship, endorsement, approval or responsibility for the third party site. The conditions of use and privacy policy of any third party site may differ substantially from this site. Please review the terms of use on the third party site carefully.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. H2O Photo Pros does not sell products for children. If you are under 18, you may use H2O Photo Pros only with involvement of a parent or guardian. H2O Photo Pros reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. H2O Photo Pros reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant H2O Photo Pros a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant H2O Photo Pros the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify H2O Photo Pros for all claims resulting from content you supply. H2O Photo Pros has the right but not the obligation to monitor and edit or remove any activity or content. H2O Photo Pros takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
H2O Photo Pros respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please see ‘Notice and Procedure for Making Claims of Copyright Infringement’ below.
RISK OF LOSS
All items purchased from H2O Photo Pros are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
H2O Photo Pros attempts to be as accurate as possible. H2O Photo Pros does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by H2O Photo Pros is not as described, your sole remedy is to return it in unused condition.
PRICING
Prices and the availability of items listed on this site are subject to change without notice. Any “list prices” used on this site are the manufacturers’ suggested retail prices and may not be indicative of the actual selling price. Any reference to “savings” used on this Site indicates the average savings off the “list price”. Your actual savings will vary depending upon the goods purchased and the date of the transaction.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do NOT charge your credit card until after your order has entered the shipping process.
APPLICABLE LAW
By visiting this site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and H2O Photo Pros.
Any dispute relating in any way to your visit to this site or to products or services sold or distributed by H2O Photo Pros. or through this site shall be adjudicated in any state or federal court in Orange County, California, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to this site, policies, and these Terms and Conditions of Use at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
H2O Photo Pros
17985 Sky Park Circle, Suite B
Irvine, CA 92614
(949) 752-7077
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the product ID number, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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