Terms & Conditions

The use of this Website and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies referenced in this document (collectively, the “Terms and Conditions”). Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them; if you do not agree to accept these terms, you may not use this Website. Reflections Photo and Video reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Usage Restrictions

You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. As used in these terms, the Content means all text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software displayed or used in connection with this Website (collectively, “Content”).  You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you

(a) retain all copyright, trademark or other proprietary notices contained on the Content,

(b) do not modify or alter the Content in any way and

(c) do not make the Content available to any third party.

Reflections Photo and Video reserves complete title and full intellectual property rights in any Content that you download from this Website.

Conduct

You agree not to use the Service:

• for any unlawful purposes;
• to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
• to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Reflections Photo and Video;
• to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
• to attempt to upload images by any method to another user’s account without permission;
• to upload, post, email or otherwise transmit any material which is likely to cause harm to Reflections Photo and Video or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
• to make images hosted by Reflections Photo and Video website available for viewing by the general public through a publicly posted link to the image or otherwise (other than through the public gallery you create using the Member Feature or through your Marketplace as described in Parts C and D of these Terms);
• for any commercial purpose other than to permit a recipient with whom you have shared your images, anyone who accesses the images in the public gallery you create using the member services, or visitors to your Marketplace (see Parts C and D of these Terms), to order from us photographic prints or products containing those images;
• to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
• to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user’s password, screen name or other registration information without the user’s express knowledge and consent.

Reflections Photo and Video reserves the right to terminate the usage of this Website by any person who fails to comply with these terms.

Privacy Policy

Reflections Photo and Videos’ use of personal information that you may submit through this Website is governed by the reflectionsphotoandvedio.com Privacy Policy.

The Content appearing on this Website is not directed to children and children are not permitted to submit personal information to this Website.  Reflections Photo and Video urges all parents and guardians to monitor and supervise their children’s use of the Internet in general.

Proprietary Rights

The logos and trademarks (including the Reflections Photo and Video logos and trademarks) as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior, written consent of the owner.

The Content of this Website is subject to copyright, trademark, or other proprietary rights or licenses held by Reflections Photo and Video and by third parties who have licensed their rights to Reflections Photo and Video. All Content is copyrighted as a collective work under international copyright laws, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided in these terms, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.

Submissions to www.reflectionsphotoandvideo.com

Any remarks, suggestions, ideas, messages and data submitted by you to this Website (collectively, the “Messages”) shall become and remain the exclusive property of Reflections Photo and Video. Reflections Photo and Video discourages you from submitting Messages that you do not wish to assign to Reflections Photo and Video, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to Reflections Photo and Video, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Reflections Photo and Video of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Reflections Photo and Video is entitled to use, copy, modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.

Modification of Content

Reflections Photo and Video attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Reflections Photo and Video does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Reflections Photo and Video reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Reflections Photo and Video reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Reflections Photo and Video shall promptly issue a credit to your credit card.

• Registration

To purchase from or register as a member of the Service you must be 18 years or over. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

• Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Reflections Photo and Video immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

• Pricing and Product Information

Delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Reflections Photo and Video makes every effort to provide current and accurate information about products, services and prices but we do not guarantee the accuracy of such information. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, Reflections Photo and Video will contact you to let you know the correct price and ask you whether you still wish Reflections Photo and Video to fulfil your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

• Return Policy
• Right to Return

You may return any item which you have ordered from us for any physical printing deformities within 7 days of receipt,  for an account credit or refund at our discretion. We will not accept or be responsible for the selection of images chosen to print. Please follow the instructions below to complete a return.

Returning a damaged order

If your order arrived damaged, please contact our Customer Service team via email ?email address? or call number listed in your order confirmation email. We’ll give you instructions for how to proceed with your return.

To return a damaged order:

1. Print and complete our Return Form
2. Mail the completed Return Form, along with the damaged product (in its original packaging if possible), to the address on the return form within 7days of receipt.

Returning a non-damaged order

If you’re not happy with your order, we request that you return the item to us so we can issue you an account credit or refund at our option.

Reflections Photo & Video ®

P.O. Box 2026

Gros Islet

St. Lucia

Or at any of our six (6) locations in St. Lucia

DISCLAIMERS

ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED “AS IS” AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. CPI DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF REFLECTIONS PHOTO AND VIDEO, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY:

(A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;

(B) IMPLIED WARRANTY OF NON-INFRINGEMENT;

(C) CLAIM IN TORT (INCLUDING NEGLIGENCE).

WITHOUT LIMITING THE FOREGOING, REFLECTIONS PHOTO AND VIDEO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.CPI DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. REFLECTIONS PHOTO AND VIDEO DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF SAINT LUCIA.  Reflections Photo and Video may display images of products sold through this Website. Reflections Photo and Video attempts to display the colours of the products shown on this Website as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you and other factors outside of our control.

Limitation of Liability

IN NO EVENT SHALL REFLECTIONS PHOTO AND VIDEO, ITS AFFILIATED COMPANIES, LICENSORS, LICENSEES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF CPI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN REFLECTIONS PHOTO AND VIDEO ’s TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED EASTERN CARIBBEAN DOLLARS ($100XCD). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enforcement

By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the Saint Lucia, without giving effect to any principles or conflicts of laws.

Indemnification

You agree to defend, indemnify and hold harmless Reflections Photo and Video, and its officers, directors, agents, employees, subsidiaries, parent company, and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys’ fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by You, or the use of the Site by You or any other person using the Site using your computer.

Links to Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by Reflections Photo and Video (although some such sites may have an affiliation with Reflections Photo and Video) (collectively, “Third Party Sites”). Such links are provided for your convenience only. Reflections Photo and Video makes no representations whatsoever about any Third Party Sites which you may access through this Website, as Reflections Photo and Video has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third Party Sites may differ significantly from the reflectionsphotoandvideo.com Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and Reflections Photo and Video with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Reflections Photo and Video with respect to this Website. No modification of the posted Terms and Conditions shall be effective unless authorized in writing by Reflections Photo and Video. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

© 2010 Reflections Photo and Video. All rights reserved. The Terms and Conditions stated above also operate to the benefit of Reflections Photo and Video, its directors, officers, employees, affiliated companies, licensors, successors, assigns or other representatives.