Important: Please read the following information carefully: 

The Photo Touch, its officers, employees, and management operates this Internet Site, and fabricates orders placed here.

The Photo Touch can be contacted for Customer Service issues at 970-744-4580 or contact@noveltyphotogifts.com.

Changes to Terms of Use

User agrees to comply with these Terms of Use, which The Photo Touch may change from time to time without notice to User. User acknowledges any changes to the Terms of Use are immediately effective upon being published to this Internet Site. 

Email Communications

As a The Photo Touch customer, we may from time to time, send you email offers, discount coupons or newsletter communications pertaining to our products and/or services.  You may opt out now by unchecking the box below or by clicking the unsubscribe link in any of the emails you receive from Us.  Opting out of these communications will not affect your receiving order confirmation emails when placing an online order.

Description of Service

The Photo Touch currently provides online websites designed to enable the sale of personalized products for commercial and consumer use. These websites enable the composition of personalized products by allowing the end user to select a product style and template, add an uploaded digital image, and personalize the text. The Photo Touch also fabricates orders. User understands and agrees that the Service is provided as such and that The Photo Touch assumes no responsibility for timeliness, deletion, or misdelivery of orders, or the failure to store any user communications or personalization settings.

Pricing

Prices charged by the site are subject to change without notice. Prices are not guaranteed for a particular order until the User's credit card has been successfully charged for the order.

Privacy Policy

The Photo Touch respects User's privacy. When placing an order, User provides information including User's name, telephone number, email address, mailing address, as well as order recipient name, telephone number, email address and mailing address (Private Information). The Photo Touch will not sell, barter, lease, rent, donate or share User's Private Information. The Photo Touch will provide user's Private Information solely to enable the fulfillment of User's Order.

Image Storage

User acknowledges that this site is not intended to be a permanent archive for images, content, or finished orders. Uploaded images, text, and finished orders will be deleted at the end of each order. The Photo Touch will not be held liable for losses caused by the deletion of User's images, content, or finished orders.

Copyright Protection

User acknowledges that the images uploaded and utilized by User to compose an order are not copyrighted by a third party or, if copyrighted, User has secured the right to use the image for the order User is placing. User indemnifies The Photo Touch for any copyright infringement caused by order(s) placed by User. User indemnifies The Photo Touch from and against all claims by a third party and resulting costs for copyright infringement related to User's order including, but not limited to, lawsuits, claims, losses, legal costs, court costs, travel expenses, fines, damages, licensing fees and other costs.

Offensive Content

User agrees to not compose orders containing Offensive Content.  Offensive Content includes images or text that are (1) obscene, slanderous, deceptive or pornographic (2) offensive to or disparaging of racial, ethnic, religious, or other groups, (3) inflammatory, (4) defined as obscene or offensive by applicable local, state or federal laws, (5) advocates illegal activities or (6) is harmful to minors in any way. User agrees that The Photo Touch may determine at their own discretion what content it deems Offensive Content. User agrees that The Photo Touch may choose to not produce any order that contains Offensive Content.

Accuracy of Colors

The Photo Touch strives to render orders as accurately as possible during the order entry process. However, User acknowledges that colors in the actual printed product may vary due to monitor settings, data transmission errors, rendering engine errors, printer variations, and other factors. User acknowledges that delivered product may not be an exact color match to the rendered image on the Internet Site.  User indemnifies The Photo Touch for any costs User incurs as a result of variances in color reproduction including, but not limited to, returns, lost income, discounts, and punitive damages.

Customer Service and Returns

User acknowledges that Customer Service related to the purchases made on the site will be provided by The Photo Touch. Because each item is custom-made, all sales are final. Products are sold as is. Returns are not accepted.

WARRANTY

The Photo Touch MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ANY PRODUCT FEATURED IN THIS INTERNET SITE. The Photo Touch EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, The Photo Touch SHALL NOT BE LIABLE FOR ANY LOSSES, LIABILITIES, OR DAMAGES, INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED FROM THIS INTERNET SITE.

LIMITATION OF LIABILITY

THIS INTERNET SITE IS PROVIDED "AS IS." The Photo Touch SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. The Photo Touch AND ITS SUBSIDIARIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

It is a violation of Federal and international law to use this Internet Site in any manner other than as presented herein.

The descriptions, suggestions, recommendations and other statements provided by The Photo Touch are for informational purposes only. The Photo Touch makes no representation or warranty, express or implied, regarding any product or product description. The Photo Touch shall not be liable for any direct, indirect or consequential damages arising from use of or reliance upon the descriptions, suggestions, recommendations or other statements contained on this site.

Credit Card Transaction Processing

User authorizes The Photo Touch to process payment for orders at the time orders are placed. This means User's credit card will be authorized and charged at that time. Orders will be fabricated and shipped within five business days of order acceptance. Shipping may take up to five business days.

Computer Equipment and Access

User agrees to cover all costs associated with User's access to this Internet Site. This includes User's computer equipment, Internet access, telephone services and software.

Security

The Photo Touch utilizes Secure Socket Layer (SSL) technology with 128-bit encryption to protect Private Information and credit card information. Users of the site are responsible for maintaining the confidentiality of their account(s) and password(s) and for restricting access to their computer. User certifies that User is at least 18 years of age. Anyone under 18 years of age must have permission and accompaniment of an adult to use the site.

Property Rights

It is illegal to copy, photograph, transcribe, reproduce or otherwise record in any manner this Internet Site, or any part thereof, without the prior written consent of The Photo Touch. All materials including images, illustrations, designs, icons, photographs, written content and other materials that are part of this Internet Site are copyrighted by The Photo Touch. This Internet Site contains copyrighted software and other proprietary material that may not be decompiled, reverse engineered, disassembled or otherwise reproduced, in whole or in part.

User grants The Photo Touch and its designated agents the right to use images user uploads to the site. User grants The Photo Touch the right to display any image User uploads to the site and orders User composes on the site as an example of customer orders.

Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining portions shall not in any way be affected or impaired thereby, and to the extent possible the parties shall cooperate to comply with the intent of the otherwise unenforceable provisions.

Force Majeure

The Photo Touch shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, interruptions of electrical service, or any other cause beyond reasonable control of The Photo Touch.

Entire Agreement

This agreement comprises the entire agreement between User and The Photo Touch and supersedes any prior or previous agreements between us.