TERMS AND CONDITIONS
IMPORTANT NOTICE AND USER AGREEMENT
By using this software and/or the web site, products or services the user expressly agrees
to the following terms and conditions:
COSTS OF THE SERVICE
- We charge the cost of the product(s) being produced and a sales commission. The commission fee is based on your product sales total. Shipping/Handling and applicable taxes are paid directly by your clients and are not used in the calculation of the commission.
The commission percentage is based on your product sales total per payment period.
8% - $1000.00 and up
10% - $600.00 to $999.99
12% - $400.00 to $599.99
15% - $250.00 to $399.99
16% - $0.00 to $249.99
DIRECT / PHOTOGRAPHER ORDERS
- Orders placed by you (the account holder) are billed only the cost of the product, shipping and applicable sales taxes. There are no commission charges for these orders. When placing these orders products will be added to the cart at your retail prices, a discount will appear at the checkout. This discounted rate will be used to calculate shipping and taxes(if applicable). Tax exempt status is available with correct resale forms.
SHIPPING and HANDLING-All order are send via USPS. This is the only service that can deliver to 100% of US addreses, including PO Boxes and FPO's.
Shipping/Handling and applicable taxes are paid directly by your clients and are not used in the calculation of the commission.
Regular Shipping and Handling:
- To ensure your customers get undamaged shipments all products from a pair of wallets to a 40x60 gallery wrap are box-packaged and include delivery confirmation.
The Shipping and Handling cost is 18% of the order total with a minimum of $3.95 and a maximum of $19.00.
Discount Shipping and Handling:
- This service is available on a few select print products. The prints are packed in flats and do not include delivery confirmation.
If the order contains other products than the Discount rate products then the regular shipping and handling rates apply.
The Discount Shipping and Handling cost is a fixed flat rate of $2.50 for any quantity or size of those select print products.
- The Payment periods (checks and online statements) for completed and shipped orders will be calculated twice
per month (15th and last day of the month). Checks will be mailed within 10 days of the payment period. If you have a house account with us
it must be current before your check will be issued, funds may be applied to outstanding house account balance.
- The OrderPicture.Com system is funded entirely by your online sales orders. We do not charge storage space, traffic, monthly or yearly membership, or sign-up fees. We do require that accounts remain active taking online sales orders via the Orderpicture.com shopping cart. Accounts that have had no sales orders for 60 days or not using the Orderpicture.com shopping cart will be de-activated for public viewing. Accounts can be re-activated for another 60 day period by loging in to your account and placing a small photographers order. Accounts that have been de-activated for 6 months or more will be subject to removal from the system.
- By presenting Images for sale or production, the user represents that they are the owner
or lawful user of any copyrighted picture, image and text and have the ability to provide the picture, images and text for reproduction.
- Orders that are shipped to a Texas address will be charged Texas
sales tax. The sales tax on such orders will be collected and paid to the
State of Texas by OrderPicture.Com. If you are collecting funds for buckshots certificates, you are responsible for collecting and paying any sales taxes applicable.
REMAKES AND REFUNDS
- Every effort will be made to produce a quality product for orders fulfilled by OrderPicture.Com. In the event we feel an image will not produce a satisfactory product, we will notify you and
discuss alternative options. If a product has been produced and your client
is not satisfied, we will remake the product to satisfaction or refund the
sale at our discretion.
EXPIRED or INACTIVE EVENTS
- You set the expiration date for each of your events. If an event expires you can alter the expiration date to extend the event at no charge. Events that have been expired for more than 90 days will be removed automaticallly from the website. The events can be re-uploaded if desired.
CHECK RE-ISSUE FEE
- Checks will be mailed to the address information provided in your client-account. It is
your responsibility to keep the information current and correct. There will be a $25.00 fee for each
- Due to credit card processing fees and our rapid order fulfillment time (often within minutes),
once an order is placed it is may not possible to alter or cancel the order. Call
us at 877-344-4829 as quickly as possible to discuss any options.
- If an order is placed and we are unable to complete and ship the order within 14 days due
to non-response for a print file request from you, the order will be cancelled and the commission charges billed to the account.
KEYWORD SEARCHES ON SPORTING EVENTS
- This process is covered by U.S. Patents 6,985,875 and 7,047,214.
A license must be obtained from the patent holder prior to your uploading a
sporting event where you intend
for the images to be searched by your clients using identifying information
covered by these patents on the
OrderPicture.Com website. Please contact PhotoCrazy, Inc. at 805-492-0562
PORNOGRAPHIC OR OBSCENE MATERIALS
- State and federal laws prohibit the distribution of obscene or pornographic material. All images considered by OrderPicture.Com to be obscene or pornographic will be removed and, in accordance with the law, the proper authorities will be notified.
CHILD PORNOGRAPHY AND IMAGES OF CHILD ABUSE
- It is understood and agreed that all pictures
submitted to Master Photo USA / OrderPicture.Com are subject to examination
and fall under all applicable laws, including laws which prohibit child pornography and child
abuse. Any perceived violations of law will be reported to law enforcement authorities if, in the
sole judgment and discretion of OrderPicture.Com, such images represent possible violation of the law.
LIMIT OF LIABILITY
- Member acknowledges that use of the Service is
at Member's sole risk. The
Service is not warranted to be error free or uninterrupted, and there is no warranty as to the
results obtained through use of the Service. The Service is made available
on an AS IS basis.
THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OF INTELLECTUAL
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR USE WITH RESPECT TO THE SERVICE. Neither Master Photo USA /
nor anyone else involved in creating, producing, products or services accessible
Service, will be liable for any direct, incidental, special
or consequential damages, loss of profits or loss of information arising out
of this Agreement.
The provisions of this Section will survive termination of this Agreement.
NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED
- The above are the only
warranties of any kind,
either expressed, implied, statutory or otherwise. All other warranties are expressly disclaimed.
This warranty gives you specific legal rights. You may have other rights,
which vary from state
to state. The Master Photo USA / OrderPicture.Com online web site is not
liable for any direct,
indirect, consequential, or incidental damages, (including business damages)
arising out of the
use or the inability to use the Master Photo USA / OrderPicture.Com online
web site even if the
Master Photo USA / OrderPicture.Com online web site has been advised of the
possibility of such
damages. Because some states do not allow the exclusion or limitation of
consequential or incidental damages, the above limitation may not apply to
you. Master Photo USA /
OrderPicture.Com does not warrant the accuracy or completeness of the
information, text, graphics,
links or other items contained within the web site. The user accepts these
terms and conditions and agrees to hold Master Photo USA / OrderPicture.Com,
the OrderPicture.Com online web site, and their employees and agents
harmless for all actions taken in good faith under the terms of these
provisions. Master Photo USA / OrderPicture.Com may make changes to to the
products described, or to the materials therein, at any time without notice.
This Agreement shall be governed in all respects by the laws of the State of
OrderPicture.Com Is Committed To Ensuring Your
Privacy. OrderPicture.Com will
make every effort to protect the confidentiality of all information that you provide.
In order to make improvements to our web site, we may track the way visitors
the site; however, that information is used only for system maintenance and improvement.
We do not sell individual user information, profile information or generic
system information to third parties.
- If the performance of any obligation under this
Agreement is interfered with by reason of any circumstances beyond the
reasonable control of OrderPicture.Com or affected, including, without
limitation, by fire, explosion, power failure, acts of God, war, revolution,
civil commotion, delays of the other Party in the performance of any of its
obligations hereunder, acts of the public enemy, or any law, order,
regulation, ordinance or requirement of any government or legal body, and
labor difficulties, including without limitation, strikes, slowdowns,
picketing or boycotts, then OrderPicture.Com shall be excused from such
performance for a period equal to the delay resulting from any such causes
and such additional period as may be reasonably necessary to allow
OrderPicture.Com to resume its obligations, (and the other Party shall
likewise be excused from performance of its obligations to the extent such
Party’s obligations relate to the performance which was interfered with).
The Party so affected shall make reasonable efforts to remove such causes of
nonperformance; provided, however, in the event any such cause of
nonperformance extends for more than twenty (20) calendar days,
OrderPicture.Com shall have the right, without obligation or liability, to
cancel any request for services affected by such cause. Either Party shall
notify the other Party in writing within five (5) calendar days after
becoming aware of the occurrence of any force majeure event that may cause
any delay or failure on the part of such Party to perform its obligations
We reserve the right to change these Terms of
Service at any time at our discretion and to notify users of any such
changes solely by changing these Terms of Service. Your continued use of the
Site after the posting of any amended Terms of Service shall constitute your
agreement to be bound by any such changes. Please note that your use of this
Site prior to the time these Terms of Service was posted will be governed
according to the Terms of Service that applied at the time of your use, if
any. We may modify, suspend, discontinue or restrict the use of any portion
of the Site, including the availability of any portion of the Content at any
time, without notice or liability; We reserve the right to terminate any registration and/or
membership and/or deny access to any person or user at any time for any