Terms and Conditions

USER CONTRACT
Welcome to BigFamilyPhotos.com. This Web site is provided by FamilyLink.com, Inc. as a service to our customers. Please review the following basic rules that govern your use of the BigFamilyPhotos.com site. Your use of the BigFamilyPhotos.com site (the "Site") constitutes your agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site, bypassing this Agreement, your use of this Site still binds you to these Terms and Conditions. BigFamilyPhotos.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we fulfill an order.

Once a print job has been submitted by a customer, the order has been "sent to press," and no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to BigFamilyPhotos.com, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.

Refund Policy
All sales are final since each order is a custom product. No refunds are given once BigFamilyPhotos.com begins working on your order, which means BigFamilyPhotos.com has received the required content and payment to complete your job; however, if we verify that we made an error, we will re-run your order. You must notify us within 24 hours from delivery about any defects. In order to receive the replacement, you must return 100% of the defective order.

In some cases, a partial or full refund may be extended to the customer if no work has been completed by BigFamilyPhotos.com for a specific order.

Each order made using BigFamilyPhotos.com is a contract between you, as the customer making the order, and BigFamilyPhotos.com . The fact that you have made an order on behalf of a third party does not absolve you of liability to BigFamilyPhotos.com . As such, any decision by the third party not to accept the particular items printed or to cancel the order you have placed on their behalf does not affect your liability to BigFamilyPhotos.com.

BigFamilyPhotos.com charges sales tax to orders received from within the state of Utah.

Submission Process
Please be careful when submitting a project to BigFamilyPhotos.com. You are responsible to ensure the artwork is formatted as you desire as part of the ordering process. There is no additional approval process, so please use the online system to check for layout, bleeds, crops and possible image issues.

Once a project is submitted we do not allow changes to artwork, job characteristics, or turnaround time.

Color Accuracy
BigFamilyPhotos.com will reproduce color from submitted print-ready files as closely as possible, but cannot guarantee an exact match color and density because of inherent limitations with the printing process. By placing and order with BigFamilyPhotos.com you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density.

No Liability for Errors
BigFamilyPhotos.com is not liable for errors in a final product caused by any of the following reasons:

Misspelling, Graphics, Bleeds, Grammar, Punctuation, Wrong cuts, Die Lines, Crop Marks, Transparency, Overprint, Finished Product Size. BigFamilyPhotos.com does not make any changes on customer files.

Artwork Files
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to BigFamilyPhotos.com. BigFamilyPhotos.com is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to BigFamilyPhotos.com , you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Printing Turnaround Time
Printing turnaround time begins once your order has been placed.

BigFamilyPhotos.com is committed to a four-day printing turnaround time. For all orders submitted by 5:00 P.M. PST (8:00 P.M. EST), the printing turnaround time begins the next business day.

Please note that BigFamilyPhotos.com is closed Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Production Turnaround includes printing and production, it does not include mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Printing turnaround time is guaranteed. The remedy for failing to meet a deadline is limited to a pro-rated refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicates in writing (e.g., note posted to order) when placing the original order that a job in the order is time sensitive and must be shipped by target date based on printing turnaround option selected. BigFamilyPhotos.com will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping
You need to select one of the shipping options presented to you on the Site. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.

Shipping transit times vary, and BigFamilyPhotos.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

BigFamilyPhotos.com ’s responsibility is limited to preparing your printing order and delivering it to UPS for shipping. BigFamilyPhotos.com is not liable for damages which occur in shipping.

Pick up orders will be kept for 30 days from the delivery of the pick-up notification email. If the order has not been picked up from BigFamilyPhotos.com 's facility within 30 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates. We cannot ship to P.O. Boxes or APO/FPO.

Target Arrival
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

For example, a product with a printing turnaround time of four business days and a shipping method of 2nd Day Air would have a target arrival date six business days after your files have been received by us.

Please understand that target arrival dates are estimates, not guarantees. While we will do everything in our power to meet your target arrival date, weather and other occurrences beyond our control may impact our ability to meet that date.

The customer will defend and hold BigFamilyPhotos.com harmless in any suit or court action brought against BigFamilyPhotos.com by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where BigFamilyPhotos.com , acting as the customer's agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in BigFamilyPhotos.com ’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against BigFamilyPhotos.com for actions of the customer's employees which may occur as a result of any mailing.

Miscellaneous
All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by BigFamilyPhotos.com), BigFamilyPhotos.com would rerun your job at no charge.

All materials we create in producing your printed product are the property of BigFamilyPhotos.com . Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

General Terms and Conditions


Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of BigFamilyPhotos.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks
" BigFamilyPhotos.com ", and any and all other marks appearing on this Site are trademarks of BigFamilyPhotos.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without BigFamilyPhotos.com 's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.

Use Restriction
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by BigFamilyPhotos.com . You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without BigFamilyPhotos.com 's prior written consent is prohibited.

Email
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future BigFamilyPhotos.com programs. Also, please remember that you are responsible for whatever material you submit and that you, not BigFamilyPhotos.com , have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of BigFamilyPhotos.com .

Privacy
You confirm that you have read, understood and agree to the BigFamilyPhotos.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by BigFamilyPhotos.com , its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the BigFamilyPhotos.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by BigFamilyPhotos.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BigFamilyPhotos.com — INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") — BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, R FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by BigFamilyPhotos.com for making a Request.

Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification
You agree to defend, indemnify and hold harmless BigFamilyPhotos.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of BigFamilyPhotos.com . The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to BigFamilyPhotos.com , and are neither its employees nor agents.

Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.

None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law
The internal laws of the State of Utah shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Provo, Utah for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.