SITE TERMS OF USE

The information, material and related graphics available on this site (“Materials”) are provided by Phojoe. The following terms govern use of this site. By using this site you agree that you have read and understood these terms and agree to be bound by these terms, and to comply with all applicable laws and regulations regarding use of this site. If you do not agree to these terms, contact us first.

Phojoe operates this site from its offices within the United States. Phojoe makes no representations that the Materials referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws. Any claim relating to this site or use of this site will be governed by and interpreted in accordance with the laws of the State of Michigan, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Oakland County, Michigan. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

PHOJOE reserves the right to make changes to this site and to these terms at any time. Any change in these terms will be prospective only, unless retroactive effect is legally required. Your continued use of this site will constitute your acceptance of any new or amended terms.

USE RESTRICTIONS

The Materials contained on this site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Except as stated herein, these Materials may not be reproduced, modified, displayed or distributed in any form or by any means without Phojoe’s prior written consent.

Phojoe DOES NOT grant permission to download, reproduce, display and distribute the Materials posted on this site for informational and non-commercial or personal use. Unauthorized use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.

Furthermore, any Images/Photos that are Altered by us (Phojoe) or anyone working for us CAN NOT be used for Commercial purposes or Sold for profit. This includes Images/Photos that we Restore, Manipulate, Colorize, Age Progress/Regress or any other Digital Alterations that we provide to you, our customer. We own the Copyrights to any image that we Alter whether it is sent to us through Electronic means such as Email or Upload or through the Mail. A signed consent form must be obtained Before any of our copyrighted works are used on television/video, on a website that is used to promote and offer services, products or any Printed media such as flyers, magazines, books, brochures etc…Non-Commercial use customers will have an option of receiving the high resolution file of their photos that can be printed at home or any 1hour photo. We realize in this digital age that our customers like options & control and that many of them would prefer to do their own printing. We do NOT restrict the use of photos that are used for Non Commercial purposes. The pricing for Commercial Use Age Progression & Manipulation is to be determined on a case by case basis and will be determined before any work begins. Credit must be given to www.Phojoe.com when our images are used Commercially to promote anything regardless of it’s purpose or nature. Our credit has to be at the bottom of the image, clearly visible and must not be cropped off wherever it is displayed. We can do work with no Credit given to us, but the price would be higher and the terms/price would have to be agreed upon in writing by both parties involved.

WARRANTIES AND DISCLAIMERS

Phojoe intends for the Materials contained on this site to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. Phojoe may make corrections or other changes to these Materials at any time. Phojoe and its suppliers reserve the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice.

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS”. PHOJOE AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION NOTES, REFERENCE DESIGNS AND OTHER SUCH DESIGN MATERIALS INCLUDED HEREIN ARE PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS. PHOJOE ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS OR YOUR PRODUCT DESIGNS OR ANY APPLICATIONS ASSISTANCE PROVIDED BY PHOJOE.

PHOJOE DOES NOT WARRANT OR REPRESENT THAT ANY LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT RIGHT, COPYRIGHT, MASK WORK RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF PHOJOE COVERING OR RELATING TO THESE MATERIALS OR ANY COMBINATION, MACHINE, OR PROCESS TO WHICH THESE MATERIALS RELATE OR WITH WHICH THESE MATERIALS MAY BE USED.

USE OF THE INFORMATION ON THIS SITE MAY REQUIRE A LICENSE FROM A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF THAT THIRD PARTY, OR A LICENSE FROM PHOJOE UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF PHOJOE. PHOJOE RESERVES THE RIGHT TO USE ANY IMAGES, EMAILS AND VERBAL COMMUNICATIONS THAT ARE SENT OR TRANSMITTED TO US THROUGH DIGITAL AND OR PHYSICAL MEANS, FOR PROMOTIONAL PURPOSES. THIS INCLUDES BUT IS NOT LIMITED TO THE WEB AS WELL AS PRINT. BY UPLOADING OR MAILING A PHOTO TO US YOU AGREE AND CONSENT TO THE USE OF THE IMAGE ON OUR WEBSITE AS WELL AS ANY OTHER ONLINE FORUM OR SITE. WE VALUE YOUR PRIVACY AND WILL NEVER SELL YOUR PERSONAL INFORMATION. SENDING US A PHOTO DOES NOT GUARANTEE THAT WE WILL EVER USE IT OR DISPLAY IT. IF YOU DO NOT WANT A PHOTO DISPLAYED PLEASE LET US KNOW AND WE WILL REMOVE IT PROMPTLY. WE CAN NOT BE HELD RESPONSIBLE FOR ANY PHOTOS ARE LOST IN THE MAIL. ANY PERSON WHO IS FOUND TO EXPLOIT ANY OF OUR POLICIES AS DEEMED BY US, MAY INDUCE ADDITIONAL CHARGES IF MORE THAN A REASONABLE AMOUNT OF CHANGES ARE REQUESTED. WE CAN ALSO REFUSE SERVICE TO ANYONE AS WE SEE FIT. ANY AND ALL PHOTOS, DOCUMENTS AND ANY OTHER VISUAL FILES THAT ARE UPLOADED THROUGH OUR UPLOAD FORMS MUST BE COPYRIGHT CLEARED BY THE INDIVIDUAL UPLOADING THE PHOTOS. IF THE WORK HAS BEEN COPYRIGHTED BY SOMEONE ELSE, YOU AGREE THAT BEFORE UPLOADING YOU MUST RECEIVE A WRITTEN AND SIGNED COPYRIGHT CLEARANCE FROM THE ORIGINAL OWNER OF THE COPYRIGHTS. IF NO SUCH SIGNED FORM IS OBTAINED, YOU AGREE TO NOT UPLOAD ANYTHING. FURTHERMORE, PHOJOE OR ANY OF ITS ASSOCIATES CAN NOT BE HELD LIABLE FOR PERSONS BREAKING COPYRIGHT LAWS. AFTER 45 DAYS OF INVOICE COMPLETION, ADDITIONAL CHARGES MAY BE INCURRED AS DEEMED NECESSARY BY US IF ADDITIONAL CHANGES ARE TO BE REQUESTED. PAYMENT MUST BE MADE IN FULL BEFORE WE START WORK ON ANY PROJECT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PHOJOE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR PHOTOS WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER PHOJOE OR AN AUTHORIZED PHOJOE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE CAN’T BE HELD RESPONSIBLE FOR A LOST OR DAMAGED PHOTO WHETHER IT’S IN TRANSMISSION TO US OR AWAY FROM US, OR WHILE IT’S IN OUR PRESENCE. WE TAKE EXTREME MEASURES TO ASSURE THAT YOUR PHOTOS AND PRIZED POSSESSIONS ARE UNDER THE UTMOST CARE WHEN HANDLED BY US. THEY ARE CAREFULLY STORED IN A CLIMATE CONTROLLED ROOM TO PREVENT ANY FURTHER DAMAGE. WHEN THEY ARE HANDLED, THEY ARE TREATED AND HANDLED LIKE PRICELESS WORKS OF ART.