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Gallery stores terms and conditions

E-Commerce Services

Terms for Sellers
Subject to the terms set forth herein and any applicable Supplemental Terms, Printique hereby grants to you a license to access and use the e-commerce tools made available on the services (collectively, the “Services”) solely for the purpose of displaying, hosting, sharing, delivering, Selling, and Purchasing rights to photographs or other applicable content made available through the Services in accordance with any terms relevant thereto. For clarity, a “Purchase” or “Sale” through the Services refers to a purchase or sale of certain rights to or a physical print or product of the relevant photograph or applicable content, or the license of a digital download that includes limited usage rights. Unless otherwise expressly agreed to between the parties in writing, ownership in the actual photograph or applicable content remains with the original copyright holder, even after a Sale on the Services. A user who “Purchases” or “Sells” Content is referred to as a “Purchaser” or “Seller”, respectively.

Printique reserves the right to change the manner in which it offers Services from time to time at its sole discretion.
If you either Purchase or Sell Content through the Services (a “Transaction”), you hereby authorize Printique to disclose your contact and relevant billing information to the other party in the transaction as well as any Third Party Service Provider (defined below) engaged by Printique to provide services to facilitate such Transaction, to the extent necessary or desirable to process and facilitate Transactions.

Additional Terms for Sellers
Before Selling any Photographs through the Services, you must obtain a merchant account from one of the billing services supported by the Services (currently Stripe) (each, a “Billing Service”). Funds can only be collected through one of Printique’s authorized Billing Services. You agree and acknowledge that use of such Billing Services may be subject to additional terms, which you are responsible for reviewing and complying with. Please note that Printique may in its sole discretion, change the Billing Services it supports from time to time upon advance notice to you.

Printique offers payments through Stripe, Inc. (“Stripe”), a third-party payment processor. In order for you to use Stripe’s payment processing services, you must register with Stripe as a merchant. The Stripe Terms of Service explain that process and are available here. The Stripe Privacy Policy is available here. By accepting this agreement with Printique, you agree that you have reviewed the Stripe Terms of Service and Privacy Policy for the country in which you are located and agree to them. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website www.Stripe.com or contact Stripe at https://support.stripe.com/contact/login.
You agree and acknowledge that you are the merchant of record for all Transactions, meaning Purchasers will transact directly with you, not with Printique.
You agree to pay a Transaction fee to Printique equal to a flat rate per product ordered by Purchasers plus 2% of the total transaction fee to cover additional processing and management. The product cost will vary by product, the specifics of which can be found here https://www.printique.com/site/PriceList.aspx.

You agree to pay Stripe a credit card processing fee of $0.30 per transaction plus 2.9%. Credit card transaction fees may vary. for more information please visit https://stripe.com/pricing

You have the sole authority to set and control the prices for any Photographs you are Sell through the Services. Printique will never alter any prices of a Seller’s Photographs. Therefore, you acknowledge that you are solely responsible for any and all prices of Photographs you are Selling and that Printique takes no responsibility with respect thereto. You further acknowledge that when setting the price for any Photographs you are Selling, you have taken into account the Transaction Fee that will be assessed by Printique as set forth herein.

You represent and warrant that you have all rights and licenses necessary to Sell and make such Photographs and/or applicable Content available for Purchase through the Services, and that you have obtained and have copies of model or other applicable releases from all individuals, locations or other subjects depicted in your Content as well as voluntary consent from all necessary parties for the publication and/or dissemination of their likeness and/or property for all legal purposes.

You agree and acknowledge that your Photographs and/or applicable Content will be licensed to Buyers in accordance with the license arrangement you designate for such Photograph and/or applicable Content when making such Photograph available for Purchase (“License Agreement”) and that Printique will not be involved in any such decision making concerning such licensing arrangements.

vii. You hereby irrevocably waive all moral rights in your Photographs.

viii. You agree and acknowledge that Printique may delay access to the Services offered hereunder and Printique’s performance thereof from Friday evenings to Saturday evenings and during certain holidays, although Printique will provide prior notice of such delays.

Security Features
Printique employs a number of industry standard or better technology to restrict the ability of other users to make high resolution copies of Content on the Services (such as the Watermark described below). However, Printique does not guarantee, and makes no representations or warranties that any Content will not be copied or otherwise exploited without your consent. Printique also cannot control how a party will use your Content after you have authorized a Purchase, and therefore Printique does not make any representations, warranties or guarantees about your Content outside of Printique’s performance of Services hereunder.

Payments and Billing
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”) for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By choosing to use the Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Services in accordance with the applicable payment terms, and you authorize Printique, through the Payment Processor, to charge your chosen payment provider accordingly (your “Payment Method”). You agree to make payment using that selected Payment Method. Although Printique is not responsible for any error by the Payment Processor, Printique reserves the right to correct any errors or mistakes that the Payment Processor makes, even if a Payment Processor has already requested or received payment. You agree that Printique may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Printique, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand and Printique reserves the right to suspend your sue of the Services accordingly without further notice.

Current Information Required. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate, and you must promptly notify us or our payment processor if your Payment Method is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT AND YOU AGREE TO PAY FOR ANY SUCH USE OF SERVICES, UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH HEREIN.

Change in Amount Authorized. Except as provided herein, if the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. For clarity, Transaction Fees assessed in connection with the Services will vary on a monthly basis, based on the number of Photographs Sold during the preceding calendar month.

Watermark. In addition to other security features we offer through the Services, Printique offers the option to include a visual overlay that is placed upon all publicly viewable Photographs, adding an important layer of image security (“Watermark”). You will not see Watermarks on your Photographs in your image browser on the Services (“Image Browser”), only on your public website (and private client galleries). Watermarking is a global setting, meaning that if enabled, all publicly viewable images will display the Watermark, except when the Photographs are added to a Lattice board, as further detailed below. Printique’s provision of a Watermark is subject to the provisions of Section 2 above.

Termination and Cancellation. Printique reserves the right in its sole discretion to terminate an Account when a user is in violation of these Terms or any terms and/or conditions on Printique’s website, especially if a user is infringing on another user’s, or our, intellectual property rights. Printique also reserves the right to terminate or suspend an Account with or without cause and/or without notice, and termination may be effective immediately. If your use of the Services violates the terms in this Agreement, is improper, substantially exceeds or differs from normal use by other users, violates any Account usage restrictions (such as through use of a Single-User Account by an entity with multiple users), or otherwise involves fraud or misuse of the Services or harms our interests or those of another user of the Service, we reserve the right to terminate or suspend your use of the Services. Termination may result in the forfeiture and destruction of all information associated with your membership, including your User Content. If you wish to cancel or delete your Account, you may do so either directly through the Services or through a request made to one of our employees. We do not provide any refunds in the event of termination or cancellation.

Termination for Nonpayment. The credit card you place on file in the Billing Info section of your account is the card we will charge for any and all of the possible charge types. It is important to keep this information up to date to avoid any service interruptions for nonpayment. When this credit card is due to expire, we will send numerous account reminders (if necessary) by email in an attempt to avoid any service interruption. If this credit card is declined, your account immediately enters a lockout state, which does not affect your service. However, after the account has been in lockout for 60 days, your account will be suspended, and the following actions will be taken:

a. Cart checkout is disabled.
b. Buyers will not be able to purchase your images.
c. If no new billing info is entered for two months, your account will enter a freezing and de-privileging process that will eventually result in account termination at 180 days.
d. Email notifications will continue throughout the lockout process in an effort to keep you abreast of any changes to your account.

Effect of Cancellation or Termination. Any fees paid hereunder are non-refundable. If, at the time of your cancellation, you still owe any fees for Printique’s provision of the Services, Printique reserves the right to charge your credit card on file, post-cancellation. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Although Printique will make commercially reasonable efforts to store and preserve the material archived on the Services, you acknowledge and agree that Printique is not responsible or liable in any way for the failure to store, preserve or access to photographs or other content you transmit or archive on the Services. Printique strongly urges you to take independent and separate measures to preserve copies of any data, material, content or information you post or upload on the Services.

Warranty Disclaimer
The Services act as a passive conduit for the archival, display, access, delivery, Purchase, and Sale of Photographs, digital images, information and other data. Printique may, but has no obligation to, screen or monitor such images, information, data or other content or any of the activity occurring on the Services. You acknowledge that all Content, including User Content, accessed by you using the Services is undertaken at your own risk and you are solely responsible for any damage or loss to you or to any other party resulting therefrom. All User Content is the sole responsibility of the person who originated such User Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY TRANSACTION MADE OVER THE SERVICES WILL BE BETWEEN YOU AND THE APPLICABLE USER OR OTHER INDIVIDUAL OR ENTITY AND THAT PRINTIQUE IS NOT AND WILL NOT BE A PARTY TO ANY SUCH TRANSACTION. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS PRINTIQUE AND THE PRINTIQUE INDEMNITEES (AS DEFINED BELOW) AGAINST ANY CLAIM OR LOSS ASSOCIATED WITH ANY TRANSACTION RELATING TO YOUR CONTENT OR YOUR USE OF THE SERVICES AS SET FORTH MORE FULLY IN SECTIION 10 BELOW.
We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT AND SPECIFICALLY DISCLAIM THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Printique reserves the right to
Informational Purposes. The Content and information available through the Services published and offered by Printique are intended solely for informational purposes and not as a substitute for professional services or advice. We cannot guarantee the accuracy or timeliness of any Content or information made available through the Services.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives (the “Printique Indemnitees”) from all liabilities, claims, and expenses, including reasonable attorneys’ fees and related expenses to be paid in advance, that arise from or relate to your use or misuse of, or access to, the Services, Content, Photographs or otherwise from your User Content, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF $100.00.

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that subject to Section 13, any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. You agree that the prevailing party in any dispute arising under this agreement shall be entitled to recover its reasonable attorneys’ fees and expenses.

Class Action Waiver – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this subsection will be null and void. This section will survive the termination of your relationship with us.

Modification. In an effort to deliver the best service experience possible, we are constantly changing our Services. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (such as the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may stop providing specific features entirely, or introduce new limits to features, at any time. We know that Users use and rely on many different Printique features, so if we discontinue a feature, where reasonably possible, we will give you reasonable advance notice. Your continued use of the Services following notification of any changes to these Terms or features constitutes acceptance of those changes.

Miscellaneous
Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Force Majeure. Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control (except for payment of any fees due hereunder), such as mechanical, electronic or communications failure or degradation.

Assignment. These Terms are not assignable, transferable or sublicensable by either party except with the prior written consent of the other party which Printique may withhold for any reason or not reason at all, and any assignment in contravention hereof is null and void and shall be of no effect; except that Printique may assign, transfer or delegate any of its rights and obligations hereunder without consent to any successor to all or substantially all of our business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise).

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to service@printique.com for Printique, and we will send electronic notices to you, when applicable, to the email address we have on file for you.

No Waiver. Neither party’s failure to enforce any part of these Terms or exercise any rights hereunder shall constitute a waiver of such party’s right to later enforce that or any other part of these Terms or exercise that or any other right. Waiver of compliance in any particular instance does not mean that the waiving party will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, it must be in a writing provided by one of the waiving party’s authorized representatives.
Interpretation. The section and paragraph headings in these Terms and the sidebar summary of these Terms are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms shall be read as being followed by “without limitation” where appropriate.

Contact. You may contact us at Printique an Adorama Company, 370 19th Street, Brooklyn, NY 11215.
Effective Date of Terms and Conditions: Nov 30, 2023

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