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Introduction
Welcome to the PhotoNightLight.com, owned and operated by Astra Khan Productions. Please read the following Terms and Conditions as they contain the legal terms and conditions that you (“you”) agree to when you access and use this website (the “Website”), and/or purchase Photo Night Light(s) by Astra Khan Productions. By placing an order you accept these terms and you acknowledge these terms constitute a binding agreement between you and Astra Khan Productions.
Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of Photo Night Lights are set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.
Content Restrictions
You agree not to use the PhotoNightLight website or service:
1) To upload, order for production, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable.
2) To upload, order for production, or otherwise transmit or communicate any photos/artwork that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party.
3) To upload or otherwise transmit any material which is likely to cause harm to the PhotoNightLight service or anyone else's computer system, including but not limited to that which contain any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the PhotoNightLight service or which may cause any defect, error, malfunction or corruption to the service.
You agree that if Astra Khan Productions, in its sole discretion, determines that any material you upload may not meet these content requirements, Astra Khan Productions may reject your order without explanation. We reserve the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order in the PhotoNightLight service which violates our content restrictions.
Suspension and Termination of Access
You agree that PhotoNightLight.com may at any time without notice:
1)
Refuse to accept your orders for PhotoNightLight service
2)
Move or suspend any part of the PhotoNightLight service or
3)
Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Astra Khan Production's sole discretion you failed to comply with any of these Terms or if a competent regulatory authority requires us to do so.
PhotoNightLight.com by Astra Khan Productions will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any night lights, except that PhotoNightLight.com by Astra Khan Productions will refund to you any amounts payed by you for products not produced.
Copyright
If you plan to use your night light commercially, display it in a public place, re-sell for profit or any other commercial application, you must have the legal right to copy and display the image on the night light. You should assume that all images, graphics and text the you find on the World Wide Web are subject to copyright. It is a violation of federal law to copy text, graphics or images that are subject to a copyright without the consent of the copyright owner. You authorize Astra Khan Productions to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringed material. We may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
Indemnity
You agree to indemnify and hold Astra Khan Productions and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, suppliers, internet service providers, and partners harmless from any lost, cost, claim, demand or other harm of any kind, including reasonable attorney's fees, due to or arising out of your use of the Website, your content and/or images, your default under any provision inthese terms, your violation of any law and your violation of any rights of another person.
Third Party Links
We may provide links to third party sites that might be of interest to you. We have no control over the content or availability of the content of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service.
Limitation of Liability
Under no circumstances shall Astra Khan Productions be liable for any damage to you, either as a result from the use or the inability to use the Website or services, from any changes to this Website or services, or from unauthorized access or alteration of your transmissions or data. Further more, Astra Khan Productions will not be liable under any circumstances, for any damage to you as a result of mishandling your night light. Your night light is an electric product and is not a toy. Keep it away from children and handle it the way you handle any electrical appliance.
Amendment of the Terms
We reserve the right to amend these Terms from time to time at Astra Khan Production's sole and absolute discretion.
Applicable law and jurisdiction
These terms shall be governed by and construed in accordance with the laws of the State of California . Any dispute arising in connection with these Terms will be subject to the jurisdiction and venue of the state and federal courts located in Kern County, California. |
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