PhotoVu Terms and Conditions
PhotoVu, LLC ("PhotoVu") implements a combination of hardware, software, networking, manufacturing components to produce a PhotoVu digital picture frame ("Product") that it offers for sale through the PhotoVu web site ("Site") and other select distribution partners.
PLEASE READ THE FOLLOWING POLICIES AND TERMS AND CONDITIONS OF PURCHASE ("TERMS") CAREFULLY AS THEY CONTAIN THE LEGAL TERMS AND CONDITIONS OF AN AGREEMENT (THE "AGREEMENT") THAT YOU AGREE TO WHEN YOU PURCHASE PRODUCTS FROM PHOTOVU OR USE ANY SERVICES ACCESSED THROUGH THE SITE ("SERVICES"). THIS AGREEMENT APPLIES IN ITS ENTIRETY TO EACH AND EVERY PRODUCT ORDERED AND FOR EACH ORDER. PHOTOVU DOES NOT OFFER PRICE PROTECTION AT ANY TIME. TERMS AND AGREEMENT APPLY TO EACH ORDER AND EACH PRODUCT REGARDLESS OF HOW ORDER IS INITIALLY PLACED.
For the purposes of this Agreement, "you" means you, the person or any persons that you authorize, that agrees to this Agreement when purchasing a Product and/or registering for an account. You, any person that orders a Product and any persons that you authorize to use your account, are referred to in this Agreement as the "Customer." If you are acting on behalf of a business entity and purchasing Products or using the Services for such business entity, such business entity will be considered the Customer for purposes of this Agreement and such business entity will be bound by the Terms in this Agreement. "PhotoVu," "we" or "us" means PhotoVu, LLC. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
If you are acting on behalf of an business entity, you agree that you are an employee or agent of such business entity and are entering into this Agreement to license the Software for use by such business entity for such business entity's own non-commercial purposes. You hereby agree that you enter into this Agreement on behalf of such business entity and that you have the authority to bind that business entity to the terms and conditions of this Agreement.
PhotoVu is willing to sell the Product to Customer provided that Customer agrees to the restrictions in this paragraph as well as the other Terms in this Agreement. Customer agrees that it will not reverse engineer or disassemble the Product or access the internal workings of the Product for any reason, or authorize any third party to do any of the foregoing. Customer also covenants, represents and warrants that Customer is purchasing the Product solely for Customer's individual, personal, non-commercial use. Customer agrees not to use the Product for any other reason including, without limitation, for any competitive analysis or for any unsolicited review. Customer agree not to publish any review on a purchased Product without the express written consent of PhotoVu.
Purchasing the Product does not create any formal relationship between Customer and PhotoVu other than what is expressly set forth in this Agreement or extend any rights to Customer to use, or link to, any of PhotoVu's names or trademarks in any promotional materials.
Shipping, Packaging, and Insurance
In the forty-eight (48) continental United States, Alaska, Hawaii, and all International destinations, Customer will pay a shipping, packaging, and insurance charge as quoted on our Site. PhotoVu requires a DIRECT ADULT SIGNATURE meaning a person over 18 years old needs to be physically present at the time of delivery. In the event that the PhotoVu real-time shipping rates server is unable to provide Customer with an actual shipping quote, PhotoVu will charge Customer shipping per the instructions in the order notes. In the event that Customer does not specify an option, PhotoVu will select the most cost effective shipping service. In both of these cases, there will be an additional charge soley for shipping. Customer supplied payment method will be used. For international orders, any taxes, duties, customs, insurance, or other charges incurred due to shipment are the sole responsibility of Customer. Customer is responsible for complying with all local tax or custom laws and regulations in connection with ordering Products from PhotoVu. The final price for an international Customer will vary based upon the above factors.
Product Acceptance Period
The product acceptance period ("PAP") means the time between the date each order is shipped plus ten (10) days. If the end date of the PAP falls on a weekend or holiday, the PAP will be extended to the next business day. Upon expiration of the PAP, Customer is deemed to have accepted the Product and acknowledged that Product is in good working order. Upon expiration of the PAP, all sales are final.
All returns must have a Return Merchandise Authorization ("RMA") number and be returned prior to expiration of the PAP. Please see the PhotoVu Site under Support to request a RMA number. Returns without a RMA number will not be accepted. RMA numbers are good for ten (10) days. Returns for standard orders will be charged a restocking and handling fee of fifteen percent (15%). Packaging, shipping, and other associated charges are not refundable. Upgraded and custom picture frame and/or matboard orders will be charged a restocking and handling fee of fifteen percent (15%) in addition to the full price of the picture frame and/or matboard. Returns are expected to be "like-new" condition and without modification. Customer pays for all return shipping and insurance charges to ship Product back to PhotoVu manufacturing in Boulder, Colorado, U.S.A. or other designated facility at the time of issuance of the RMA number by PhotoVu. Insurance for the order value is required. Customer must save and return the PhotoVu Product in the original packaging. Returns will not be accepted without the original packaging or Customer paid shipping and insurance charges. Customer will pay additional charges to replace the original packaging. PhotoVu only accepts packages from UPS or FedEx. Any package sent via United States Postal Service (USPS) will not be accepted unless delivered directly to the PhotoVu shipping address given at the time of the RMA.
If Customer refuses receipt of Product and/or accessories for any reason, including non-payment of duties, taxes, or other charges, when delivered by UPS, FedEx, or other common carrier and legitimately ordered from PhotoVu, credit will be issued for the item(s), minus associated return shipping charges and per the Returns terms above. The credit will be issued once returned and after inspection by an authorized PhotoVu employee.
For a period of ninety (90) days after the date Customer receives the Product ("Warranty Period"), PhotoVu warrants that the Product, when used as permitted under this Agreement and in accordance with the instructions in the supplied documentation, will operate substantially as described in the documentation. PhotoVu will, at its own expense and as its sole obligation and Customer's exclusive remedy for any breach of this warranty, repair or replace the defective Product reported to PhotoVu by Customer during the Warranty Period. After expiration of the Warranty Period, repairs will made on a time and material basis. Customer will pay for all return shipping and insurance charges to ship the Product back to PhotoVu manufacturing in Boulder, Colorado, U.S.A. or other designated facility at the time of issuance of the RMA number by PhotoVu. Insurance for the order value is required. PhotoVu will return repaired Product to Customer using ground, international economy service, or other as specified by Customer. Return of RMA product will be at Customer's expense.
PhotoVu solely determines whether Product is defective. A RMA number is required for each and every Product sent to PhotoVu for warranty services. RMA numbers are valid for ten (10) days after issuance by PhotoVu.
While PhotoVu uses the highest quality conservation matboard, natural imperfections in the cotton do and will exist. In addition, some selections of picture frame moulding will contain natural and man-made imperfections. If in doubt, samples of Customer's selected matboard and picture frame moulding are available upon request.
PhotoVu reserves the right to repair or replace any defect Product at our sole discretion. Customer must save and return the PhotoVu Product in the original packaging. Returns will not be accepted without the original packaging or Customer paid shipping and insurance charges. Customer will pay additional charges to replace the original packaging. Expedited round-trip shipping (overnight and 2-day) and advance exchange services are available at an additional cost to the Customer. PhotoVu only accepts packages from UPS or FedEx. Any package sent via United States Postal Service (USPS) will not be accepted unless delivered directly to the PhotoVu shipping address given at the time of the RMA.
LCD Pixel Policy
PhotoVu only uses the highest quality LCD panels (Grade A). A LCD panel is not considered defective unless there are more than eight (8) bad pixels or (1) one cluster defect. A bad pixel is defined as one pixel that 1) does not display any color or 2) displays only one color. A cluster defect is defined as two or more adjacent bad pixels. PhotoVu follows and exceeds the ISO 13406-2 Specification Class 2 Requirements for LCD displays. It is common to have at least one bad pixel. Most of these defects are not noticeable unless you are very close to the LCD display. PhotoVu also offers a pixel service at the time of checkout to ensure your PhotoVu does not have any bad pixels or cluster defects. There is an additional charge for this service.
THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCT, AND PHOTOVU SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE EXPRESS WARRANTIES IN THIS AGREEMENT DO NOT APPLY TO DAMAGE RESULTING FROM MISUSE, ABUSE OR ELECTRICAL MALFUNCTION, OR IF THE PRODUCT HAS BEEN INSTALLED OR USED OTHER THAN IN ACCORDANCE WITH INSTRUCTIONS FURNISHED BY PHOTOVU OR OTHER THAN AS PERMITTED BY THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ANY OF PHOTOVU'S LICENSORS OR SUPPLIERS.
The PhotoVu Extended Warranty Program ("Program") is offered pursuant to the Terms of this Agreement. The Program extends the term of PhotoVu's Standard Warranty for an additional period of time depending upon the customer's choice.
Enrollment is accomplished at the time of purchase, by receipt of payment of the applicable fee plus tax, if any, and by acceptance from PhotoVu. Once enrolled, the Program is valid for the stated term and is not transferable. The enrollment fee, including any tax, is NOT refundable. Enrollment pricing is subject to change without notice.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. THIS EXTENDED WARRANTY PROGRAM IN NO WAY EXPANDS OR ENHANCES THE APPLICABLE LIMITED STANDARD WARRANTY, EXCEPT TO PROVIDE AN ADDITIONAL PERIOD OF TIME DURING WHICH THE LIMITED STANDARD WARRANTY WILL BE APPLICABLE.
What Is Not Covered By The Extended Warranty. The extended warranty does not apply to:
- Loss of or damage to the covered Product due to abuse, mishandling, improper packaging by you, alteration, accident, electrical current fluctuations or failure to follow operating, maintenance or environmental instructions prescribed in the covered Product's Customer Manual. A Product that is accidentally damaged during the term of this Plan. Accidental damage consists of damages caused by impacts, dropping, falls, spilled liquids, immersion in liquids, power surges and other such accidental causes, or a natural disasters such as flooding, wind, earthquake, lightning, and fire.
- Damage resulting from the use of the PhotoVu Product in a manner for which it was not intended.
- Defects in materials and workmanship covered under the Standard Warranty for your PhotoVu Product. Normal wear or cosmetic damage and/or other damage that does not affect functionality.
- Damages that occurred to your PhotoVu Product before you purchased this Plan (a preexisting condition).
- Defects resulting from improper or inadequate installation or improper site preparation or maintenance. Your PhotoVu has been designed to be surface wall mounted only. Open air space above and below the PhotoVu is required to allow for adequate ventilation through the unit and maintaining a safe operating temperature. Failure to wall mount the PhotoVu properly to ensure adequate ventilation could cause the unit to overheat, resulting in fire and or other serious injury, including death. Never operate the unit inside another enclosure, cabinet, alcove, or armoire. Never recess the unit into a wall. Any type of recessed installation, per the above, voids the Limited Warranty.
The Program is valid for the Product serial number registered at the time of enrollment. Specifications and pricing subject to change without notice. Selection, offers and programs may vary by country.
PhotoVu Extended Warranty Guidelines:
- Program must be purchased at the date of Product purchase. This Program is available to the first owner of a new Product only.
- Optional PhotoVu accessories are not covered by the Extended Warranty Program.
- Customer is responsible for round trip shipping costs for Product: inbound to PhotoVu and outbound back to Customer. Customer selects type of shipping service.
- Program is valid for the Product serial number registered at the time of enrollment OR the Product serial number for the replacement unit.
- Program details and pricing subject to change without notice.
- Programs may differ by country. Prices may vary due to currency conversion.
- Physical damage and user abuse are not covered under this Program and not considered a manufacturer defect.
- Only authorized PhotoVu technicians may perform service and support to PhotoVu Products. All services performed by unauthorized technicians will void your PhotoVu Standard and Extended Warranty.
- Additional information may be requested at the time of service request.
PhotoVu provides Product support as set forth on the Site.
Software End User License Terms
License. Subject to the terms and conditions of this Agreement, PhotoVu hereby grants Customer a limited, non-exclusive, personal license to use one (1) copy of the software that is installed on the Product at the time of manufacture ("Software"), in machine-readable form only, solely as installed on the Product and solely for Customer's own individual personal non-commercial use in accordance with the instructions, specifications and documentation provided with the Product. Customer understands that PhotoVu may from time to time make available updates, upgrades or modifications ("Updates") but PhotoVu has no obligation to furnish to Customer any such Updates pursuant to this Agreement. Any Software Updates may increase or decrease the functions, features, and operation of Product as originally licensed by Customer. If Updates are made available to Customer and Customer downloads and installs such Updates, Customer acknowledges and agrees that Customer will be bound by the then-current version of this Agreement which will be deemed a mutually agreed upon modification of this Agreement.
Restrictions. Customer may not use or copy the Software, or any copy thereof, in whole or in part, except as expressly provided in this Agreement. Customer may not modify or disable any ownership control features of the Software. Customer may not utilize the Software in any way for any competitive analysis. Customer may not install the Software on any other computer or other device. Customer may not modify, reproduce, create derivative works of, distribute, sell, resell, lend, loan, lease, license, sublicense or transfer (except as expressly provided herein) the Software or any portion thereof. Customer may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software, or authorize any third party to do any of the foregoing, except and only the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software contains trade secrets and copyrights owned by PhotoVu, and Customer shall maintain the Software in confidence. Customer shall not allow any access to or use of the Software by anyone other than Customer, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement. Customer may transfer the limited license granted herein solely in connection with the transfer of the Product, provided, however, that Customer does not keep any copies of the Software or related materials, and that the transferee is given a copy of this Agreement and acknowledges and agrees to be bound by its terms. Any attempt to transfer any of the rights, duties or obligations hereunder not in accordance with the foregoing is null and void and without any force or effect.
Ownership. The Software is licensed, not sold, to Customer for use only under the terms of this Agreement, and PhotoVu reserves all rights not expressly granted to Customer under this Agreement. All rights, title and interest in and to the copyrights in and to the PhotoVu Product (including, without limitation, any images, photographs, animations, text, and scripts incorporated into the Product) and the accompanying media and printed materials are owned by PhotoVu.
Term and Termination. These Software license Terms become effective when Customer purchases the Product, and this Agreement will terminate automatically if Customer breaches any term or condition of this Agreement. Upon termination, Customer's right to use the Software terminates.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PHOTOVU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF PHOTOVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE PRODUCT OR ANY SERVICES. THE TOTAL MAXIMUM LIABILITY OF PHOTOVU TO YOU AND/OR CUSTOMER FOR ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT IN QUESTION. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. PHOTOVU WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO, OR DATA LOSS OF, ANY PROGRAMS, DATA OR REMOVABLE STORAGE MEDIA THAT MAY OCCUR DURING REPAIR OR DUE TO REPLACEMENT OF THE PRODUCT.
This Agreement will be governed by the laws of the State of Colorado in the United States of America, without regard to or application of any conflicts of law rules or principles. The federal and state courts nearest to Boulder Colorado shall have jurisdiction over any disputes, claims or controversies arising out of or relating to this Agreement, and Customer hereby irrevocably consents to such jurisdiction and waives any objection to the jurisdiction of such courts over any such dispute, claim or controversy. If any provision of this Agreement is held to be unenforceable, that provision will be enforced to the extent permissible by law and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between us which supersedes any proposal or prior agreement, oral or written, and any other communications between Customer and PhotoVu in relation to the subject matter of this Agreement.
If you have any questions regarding this Agreement or the Products, please contact PhotoVu at www.photovu.com.
The Software is protected by United States copyright law and international treaties.
Copyright © 2003-2007 PhotoVu, LLC. All Rights Reserved.
Third Party Software
The Product contains a Debian distribution of the Debian GNU/Linux software ("Third Party Software") that is publicly available and can be downloaded at www.debian.org.
Copyright © 1993-2007 Software in the Public Interest, Inc. All Rights Reserved.
Customer can use and redistribute the Third Party Software and/or modify it under the Debian Social Contract located at http://www.us.debian.org/social_contract and the terms of the GNU General Public License as published by the Free Software Foundation located at http://www.gnu.org/licenses/old-licenses/gpl-2.0.html; either version 2 of the GPL, or (at your option) any later version. See the GPL for the conditions under which the Third Party Software is made available. ALL OTHER SOFTWARE CONTAINED WITHIN THE PRODUCT IS NOT FREE SOFTWARE AND IS SUBJECT TO THE TERMS OF THE SOFTWARE END USER LICENSE TERMS IN THIS AGREEMENT WITH PHOTOVU.
THE THIRD PARTY SOFTWARE IS DISTRIBUTED WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Please refer to the GNU General Public License for more details.
You may also obtain a copy of the GNU General Public License applicable to the Third Party Software by writing to the Free Software Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.
The source code for the Third Party Software was not available in Product where the object code for the Third Party Software is located. You may obtain a complete machine-readable copy of the source code to the Third Party Software anytime by contacting Debian at: www.debian.org.
“I like the frame very much. It works very smoothly and absolutely looks like a picture frame and NOT like a screen on the wall. Packaging was awfully good. Very impressive and professional. Shipping works fine. Delivery time is good and I am very impatient :-)”
— Michael W.