Terms And Conditions
The following are terms of a legal agreement ("Agreement") between you and Draftroom
Yearbooks, LLC ("Company"). By accessing, browsing and/or otherwise using this web site,
("Site"), you acknowledge that you have read, understood and agreed to be bound
by these terms and conditions, and to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. You must register as a
member of this Site.
If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
PAYMENT AUTHORIZATION
Payment for the services provided to you in, at, through or in association with the Site may be made by automatic credit card or checks, and you hereby authorize the Company and its agents to transact such payments on your behalf.
You hereby authorize the Company's Internet Payment Service Provider, Authorize.net, to charge your credit card to pay for your orders from the Site. You further authorize the Company's Internet Payment Service Provider to charge your credit card for any and all purchases of products and services at, through, or in association with the Site. You agree to be personally liable for all charges incurred by you in association with your access or other use of any Content provided by the Company or any third party in association with the Site. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with the Company.
YZ AD ZOOM
For each YZ Ad Zoom request, there is a fee (see website). You are responsible for submitting images and text for ad use as well as scheduling a session with us. You are responsible for attending the session with materials needed to complete the ad design available to your YZ Specialist. After the YZ Ad Zoom, you are responsible for paying the Ad Zoom fee, placing the ad as well as payment for the ad itself. You will receive a separate email invoice for the YZ Ad Zoom fee based on the total time spent by the YZ Specialist on designing your ad.
Please note, you will be charged the YZ Ad Zoom fees whether you submit your yearbook ad for publication or not.
YZ Ad Zoom fees are payable via credit card to Draftroom Yearbooks and are nonrefundable.
RETURNS POLICY
All sales are final. Please coordinate with your family members and your school prior to
placing your order.
Refunds for payments are the sole responsibility of your school.
EXCHANGES
Yearbook orders are not subject to exchanges.
Ad orders are not subject to exchanges.
USE RESTRICTIONS
COPYRIGHT.
All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on this Site for educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company. You may not "mirror" any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
LIMITATION OF LIABILITY
In no event will the Company, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
REVISIONS TO THIS AGREEMENT
The Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current Terms of Access and Use conditions of use to which you are bound.
YOUR WARRANTIES
You warrant to the Company that:
All information and details provided by you to the Company (including on registration as a member) are true, accurate and up to date in all respects and at all times, and;
You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that the Company will own the compilation copyright in that database. In addition, you hereby grant the Company a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither the Company nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out.
You agree to indemnify and hold the Company harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.
APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.
Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in the State of Connecticut, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Connecticut and the United States.
Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter with the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company, in its sole discretion shall elect the dispute to be resolved by either (1) a court of competent jurisdiction in the County of Fairfield, Connecticut.
If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
PAYMENT AUTHORIZATION
Payment for the services provided to you in, at, through or in association with the Site may be made by automatic credit card or checks, and you hereby authorize the Company and its agents to transact such payments on your behalf.
You hereby authorize the Company's Internet Payment Service Provider, Authorize.net, to charge your credit card to pay for your orders from the Site. You further authorize the Company's Internet Payment Service Provider to charge your credit card for any and all purchases of products and services at, through, or in association with the Site. You agree to be personally liable for all charges incurred by you in association with your access or other use of any Content provided by the Company or any third party in association with the Site. You acknowledge and agree that your liability for all such charges shall continue after termination of your access or any type of membership arrangement with the Company.
YZ AD ZOOM
For each YZ Ad Zoom request, there is a fee (see website). You are responsible for submitting images and text for ad use as well as scheduling a session with us. You are responsible for attending the session with materials needed to complete the ad design available to your YZ Specialist. After the YZ Ad Zoom, you are responsible for paying the Ad Zoom fee, placing the ad as well as payment for the ad itself. You will receive a separate email invoice for the YZ Ad Zoom fee based on the total time spent by the YZ Specialist on designing your ad.
Please note, you will be charged the YZ Ad Zoom fees whether you submit your yearbook ad for publication or not.
YZ Ad Zoom fees are payable via credit card to Draftroom Yearbooks and are nonrefundable.
RETURNS POLICY
EXCHANGES
Yearbook orders are not subject to exchanges.
Ad orders are not subject to exchanges.
USE RESTRICTIONS
COPYRIGHT.
All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on this Site for educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Company. You may not "mirror" any material contained on this Site on any other server without prior written permission from the Company. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
LIMITATION OF LIABILITY
In no event will the Company, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
REVISIONS TO THIS AGREEMENT
The Company may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current Terms of Access and Use conditions of use to which you are bound.
YOUR WARRANTIES
You warrant to the Company that:
All information and details provided by you to the Company (including on registration as a member) are true, accurate and up to date in all respects and at all times, and;
You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that the Company will own the compilation copyright in that database. In addition, you hereby grant the Company a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither the Company nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out.
You agree to indemnify and hold the Company harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.
APPLICABLE LAWS, VENUE, JURISDICTION & MANDATORY ARBITRATION
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.
Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in the State of Connecticut, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court or competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Connecticut and the United States.
Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter with the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company, in its sole discretion shall elect the dispute to be resolved by either (1) a court of competent jurisdiction in the County of Fairfield, Connecticut.
