The following terms govern your use of our website and your purchase of our products. By using this site or purchasing the products, you agree to be bound by these terms, which may be changed from time to time.
You agree not to submit images which violate the right of any 3rd party including copyright, trademark, privacy or other personal or proprietary rights. You are responsible for the content of your submissions and agree to indemnify and hold PhotoShowerCurtain.com and its employees, officers, directors, representatives and affiliates free and harmless from claims brought by a 3rd party. Please make sure you have the right to reproduce your image.
2. Content Restrictions:
You agree not to submit images which violate our content restrictions. Restricted content includes anything obscene, offensive, blasphemous, pornographic, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamitory, libelous, vulgar, violent or otherwise objectionable.
3. Site Contents:
Contents of the PhotoShowerCurtain.com website are protected by copyrights, trademarks or other intellectual property protections and are owned, controlled or licensed by PhotoShowerCurtain.com. No right, title or interest in this content is transferred to you. By use of this site, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the site or any related software.
4. Custom Product Limitations:
We provide custom one of a kind products using our customer's images. Due to the variance in images, fabrics and the production process, your product will not match the image you submit exactly. We make no assurances regarding image quality or color accuracy. You agree to allow us to adjust your image as neccesary and to determine style and placement of any text. In short, you agree to allow us the creative license to produce the best product we can.
5. Terms of Sale:
Once we begin processing your order no cancellations are allowed. Once it is shipped no returns are allowed unless there are defects in materials or workmanship. If you have a complaint or a valid reason for return you must contact us within 7 days of receipt. All sales are final and no refunds are given. There will be a $25 charge for cancelled orders.
6. Right of Refusal and Change:
We reserve the right to refuse part or all of any order for any reason. We also reserve the right to change our website, policies, prices, inventory or any aspect of our business at any time without providing advance notification.
You agree to provide and maintain an accurate email address and phone number. Email is our primary means of communicating with prospects and customers. Please provide an accurate email address and be sure you can receive our emails. We are not responsible for lost or misdirected email. If email is not an option for you, please be sure to provide a phone number.
The products we sell are custom one of a kind items and consequently cannot be returned unless there is a defect in material or workmanship. No returns are accepted without previous authorization. Should you have a valid reason for returning the product you must contact PhotoShowerCurtain.com within 7 days of receipt. We will issue a Return Merchandise Authorization (RMA) number. This RMA number must appear on your package or it will be refused and returned to you. The return carrier is at our discretion unless you are paying the return freight.
Items purchased from us are sold pursuant to a shipment contract. This means that title to the goods and risk of loss pass to you upon our delivery to the carrier. We are not responsible for carrier delays. Your order is shipped using the carrier of our discretion. You agree to provide an accurate and complete street address with an accurate suite or apartment number if applicable. If your order is misdirected or requires rerouting or redelivery due to our error we will pay the necesary charges to get it to the correct address. If, however, the error is yours you will be charged. If an item is damaged in shipping a claim must be made with the carrier. We will be glad to assist you with this. Please notify PhotoShowerCurtain.com and the carrier as soon as possible and not more than 7 days after receipt. Be sure to retain the packaging in case it needs to be inspected.
10. DISCLAIMER OF WARRANTIES:
THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH PHOTOSHOWERCURTAIN.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PhotoShowerCurtain.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PhotoShowerCurtain.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PhotoShowerCurtain.COM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
11. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PHOTOSHOWERCURTAIN.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PhotoShowerCurtain.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Applicable Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction and venue of the state and federal courts located in Jefferson County, Alabama.