Terms and Conditions
USE OF SERVICE.
We, Sullivan + Wolf Design, LLC (collectively, the "Service") currently provide our customers with graphic design services for web and print, as well as, photo enlargement and fine art printing services. Unless stated otherwise, any new features shall be subject to these terms. You understand and agree that we assume no responsibility for the loss of any user communication, design, graphic, photo, or art that you or any other person customizes or supplies.
You agree to indemnify and hold Sullivan + Wolf Design, LLC, and our vendors, business associates, or employees harmless from any liability, loss, claim or demand, including reasonable attorneys fees, made by you, your agent, or third party due to Content you submit to or transmit through the Service that violates the TOS or may otherwise be objectionable. You further agree to reimburse us for all expenses resulting from any such claims or demands.
RESTRICTIONS ON USE OF MATERIALS.
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, code, or video and audio clips that are part of the Web site are protected by copyright and are owned or licensed by Sullivan + Wolf. No content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may upload Customer Content, where specifically permitted.
"Content" (information, data, text, photographs, graphics, messages or other materials) is the sole responsibility of "You" the customer. Sullivan + Wolf is not responsible for any Content sent by a user as an upload, post, request or otherwise transmitted via the Service.
You agree to not use the Service to send any Content that contains: pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; a threat to kidnap or injure a person; a threat to harm the personal property or reputation of another person; defamatory remarks directed at any other person or company; advocating breaking the law of the United States or any content that infringes the intellectual property rights or other proprietary rights of ours or any third party. Sullivan + Wolf does not control Content posted by our Customers and we do not guarantee the accuracy, integrity or quality of the Content. We shall not be responsible or liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
When you order a print, you grant us the license to reproduce, modify, adapt and publish, works from the Content on the Service for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for us to complete your order or until you delete the Content from the Service. We reserve the right to remove any Content that violates this agreement or may be, at our discretion, deemed objectionable. You also acknowledge and agree that we may disclose Content if required to do so by law to comply with a legal process; enforce this agreement; respond to claims that the Content violates the rights of third-parties; or protect the rights, property, or personal safety of our business, our customers and the public.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. The service is provided on an "as is" and "as available" basis and without warranties of any kind either express or implied. Sullivan + Wolf disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the service will meet your requirements, be accurate or reliable, the service will be uninterrupted or error-free, that defects will be corrected, or that the web site or the server(s) that makes the web site available are free of viruses or other harmful components. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you through the service. No information obtained by you from us shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SULLIVAN + WOLF, OUR VENDORS OR BUSINESS ASSOCIATES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SULLIVAN + WOLF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE SERVICE.
Please report any violations of this agreement to our staff.
Color matching is done to the best of our ability. Due to the differences in end-user hardware and software, it is impossible to perfectly match the proof that is provided. All proofs are understood to be close representations of the printed product, and will inevitably have a certain degree of deviance from a monitor's image.
All sales are final. We may replace defective prints if the original print is returned to us in its entirety. Defects are limited to faulty materials or workmanship. We are not liable for damage that occurs during shipping.
Link that take you outside of www.archival-photos.com may belong to third parties not associated with Sullivan + Wolf. We do not endorse nor are we responsible for your use of any third party websites. We shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer due to your use of or reliance upon any content, goods or services available on or through any third party website.
MODIFICATION OR TERMINATION TO SERVICE.
The privileges granted to you by these terms may terminate immediately without notice from Sullivan + Wolf. We reserve the right to modify or discontinue, temporarily or permanently, your use of the Service, and remove and discard any Content for any reason, including lack of use or if we believe that you have violated this agreement. You agree that we shall not be liable to you for any loss or damages of any nature suffered by any customer, user, or any third party due to any modification, suspension, termination or discontinuance of the Service.