Pink Penny Terms of Service

By using the pinkpenny.com web site ("Service") and all services of pink penny, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

pink penny reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.pinkpenny.com/terms.html

Account Terms

  1. You must be a professional photographer to use this Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. You are responsible for maintaining the security of your account and password. pink penny cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who you have given access to your account).
  5. All proofs & final layouts will be provided in digital form unless otherwise requested and agreed upon by Photographer and pink penny.

Deposit, Payment, and Refunds Terms

  1. 50% of the total design fee (or 50% of the base fee for pre-design orders) will be billed at the time an order is placed and is non-refundable. There will be no refunds or credits for deposits on orders that go uncompleted for any reason. In order to treat everyone equally, no exceptions will be made.
  2. Final payment for an order is required before files will be released to you or the album supplier (if we are submitting your order for you).
  3. Although all care will be taken when submitting orders on your behalf to the selected album supplier, pink penny limits any liability for submission errors to the return of the total design fee less the deposit.
  4. pink penny cannot be held financially responsible for loss, damage, manufacturing errors, printing errors, image quality issues, or failure of album supplier to deliver product for any reason.

Cancellation and Termination

  1. You may cancel your account at any time. You are solely responsible for properly canceling your account. An email request to cancel your account is required and will be confirmed with an email from pink penny verifying your cancellation.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. Any open orders at the time of your cancellation request will be considered closed regardless of status or progress.
  3. pink penny, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. pink penny reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. pink penny reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the pink penny Site (www.pinkpenny.com) or the Service itself.
  3. pink penny shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the photographs you provide to the Service. Your profile and photographs uploaded remain yours.
  2. By using the Service you give pink penny permission to use album designs created from your photographs for advertising, display and other promotional purposes including but not limited to website, newsletters, trade shows and printed materials.
  3. The look and feel of the Service is copyright © 2006 - 2008 pink penny All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from pink penny.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to account holders and is available only via email.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, pink penny, or any other pink penny service.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any pink penny customer, employee, member, or officer will result in immediate account termination.
  5. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. You must not transmit any worms or viruses or any code of a destructive nature.
  7. pink penny does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  8. You expressly understand and agree that pink penny shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if pink penny has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  9. The failure of pink penny to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and pink penny and govern your use of the Service, superceding any prior agreements between you and pink penny (including, but not limited to, any prior versions of the Terms of Service).
  10. Questions about the Terms of Service should be sent to support at pinkpenny dot com.