INTRODUCTION
Thank you for choosing CustomPictureBook.com to create your specialty photo related products, provided to you by M&D Media LLC. These Terms of Service govern your use of CustomPictureBook.com service. By placing an order with us, you are stating your agreement to these Terms of Service, and a binding legal agreement is created. You should therefore read these Terms of Service carefully. You must be 18 years or older to use our services.

ACCOUNT CREATION
When creating an account, you must provide true, accurate, current and complete information. Should this information change over the course of the time you are using our services, you agree to notify CustomPictureBook.com. We will use the information you provide to us in accordance with our Privacy Policy.

GENERAL PRODUCTION POLICIES
Refer to the appropriate section for each product for specific terms and conditions of that product.

ARCHIVING OF PROJECTS/IMAGES
CustomPictureBook.com generally archives all projects and images for thirty days to allow for re-orders, changes, etc. These projects are not shared or published to any third party without the express consent of the customer. If requested at the time of order all images and project files will be deleted from our production servers after seven days from the time the order is sent to the client. If a project has been deleted from our servers, there will be no way to make a copy of the project. By prior arrangement, projects can be held in archive for longer periods to allow for re-ordering, however, CustomPictureBook.com will not be responsible for corrupted, lost or damaged archived projects.

QUALITY OF OUTPUT
As with any custom product the quality of the final product depends substantially on the quality of the initial input. Where possible CustomPictureBook.com will make every effort to consult with a client prior to production if in the opinion of CustomPictureBook.com the initial image will not produce a quality output. You will have an option to cancel your order, rescan your images (if you sent digital images) according to the specifications or authorize CustomPictureBook.com to use the digital or hard copy images “as is”. In the latter circumstance CustomPictureBook.com will not be able to guarantee the quality of the final product. For specific recommendations regarding the submission of digital photos, layouts or other items please see the relevant FAQ or contact us prior to ordering.

Color accuracy - Accurate color reproduction starts from the beginning. If you are sending us a hard copy image we will start it in a color managed work flow to ensure as close as possible, accurate color reproduction on your print and digital work. However, if you will be displaying the work we send back on a TV or monitor please note that unless that TV and/or monitor has been recently calibrated using external calibration equipment, colors may not be reproduced accurately.

The same issue applies if you upload digital images to us for reprinting. We encourage you to download our most recent ICC color profile and embed this profile in your images. In all cases if you have not properly profiled/calibrated your monitor in the last 7 days, what you see on your screen still may not represent what we see on ours. Please take this into consideration. Final printing is done using a CMYK profile. This changes each time we calibrate. For most current information regarding color profiling please see the relevant section in our Frequently Asked Questions or contact us.

In all cases, unless "color proof" copies of books or enlargements are ordered, color accuracy cannot be guaranteed. This is not a standard part of any of the services and is a service you need to request prior to production.

If you have any questions regarding color, please do not hesitate to contact us.


RETURNS AND REFUND POLICY
CustomPictureBook.com works closely with its clients to create the highest quality services and products to meet its clients’ expectations. In call cases CustomPictureBook.com will guarantee craftsmanship of the product. If an item arrives physically damaged, we will replace the product at our expense. Additionally, if an item arrived with errors or mistakes by CustomPictureBook.com (e.g., a misspelling) we will fix and replace the item at no charge. We will not be responsible for errors in spelling if captions were submitted to us this way or were not caught in the proofing process.

PLEASE NOTE: WE MUST RECEIVE NOTICE OF DAMAGE WITHIN 7 DAYS OF RECEIPT OF THE ITEM. IF THE DAMAGE IS A RESULT OF SHIPPING, WE WILL REQUIRE YOUR ASSISTANCE IN HELPING TO FILE A CLAIM WITH THE CARRIER. IN ALL CASES PLEASE RETAIN THE ORIGINAL PACKING MATERIAL. IN SOME CASES WE MAY REQUIRE YOU TO SEND BACK THE ORIGINAL ITEM AT OUR EXPENSE.

In the case where we are doing the layouts for your book, you have an option at the time of order to receive a low resolution PDF proof of your project to review for errors and general layout. Unless we have received specific layout instructions any costs for changes will be quoted at this time. Errors will be fixed at no cost. If a proof option has been waived, fixes will be made at no cost only for direct errors made by CustomPictureBook.com (e.g., not copying a caption correctly). Once a proof is approved or the digital proof option is waived, the order will go to print. At this point the general policy for Returns and Refunds for craftsmanship and damage will apply (see above).

PRODUCTION TIME
Each product order form shows our standard production times and express production times. Production times can only be guaranteed as long as we receive timely responses from the client particularly in the case of proofing. In the case where changes are requested in middle of the process a revised production time will be given to the client. In all cases we will work with you to find a way to make your deadline, however, in the case of changes or revisions or communications delays, production times may take longer than originally quoted and / or ordered. FOR RUSH AND TIME SENSITIVE ORDERS WE MAKE EVERY EFFORT TO ENSURE THAT THE ITEM WILL SHIP ON TIME, HOWEVER, IT IS IMPERATIVE THAT YOU FOLLOW UP ON THE DAY OF SHIPPING TO ENSURE ACTUAL SHIPMENT. THIS HELPS TO AVOID POSSIBLE ISSUES DUE TO COMMUNICATION DELAYS. THE ONLY REFUND AVAILABLE FOR A MISSED PRODUCTION TIME DUE TO AN ERROR BY CustomPictureBook.com IS THE EXTRA COST PAID FOR RUSH DELIVERY. For current Production Time services please read the Frequently Asked Question "How Long Does It Take?".


SHIPPING POLICY
CustomPictureBook.com will use the shipping time you specify including: ground, home, 2nd day, next day and priority overnight. We ship ALL orders with signature required unless you have specifically waived this option. We will provide you a tracking number on the day the shipment leaves our facility. In instances where signature service has been wavied, CustomPictureBook.com will not be responsible for shipments lost by the shipper or packages not delivered in a timely fashion. In the case of lost or delayed shipments, we will help you to file a claim with the shipper and we will expedite a replacement to you. In the case of sending a replacement charges may apply including the cost to reproduce the item ordered at CustomPictureBook.com and the shipping charge. CustomPictureBook.com WILL NOT BE ABLE TO REFUND AN ORDER IF THE SHIPPER DENIES THE CLAIM. WE RECOMMEND CHOOSING THE APPROPRIATE SERVICE LEVEL AND INSURANCE COVERAGE.

THE USE OF IMAGES
CustomPictureBook.com will use the images and music you supply to us (except where not permitted by these Terms and Conditions) to assemble the products according to your plan. These include hard copies or image files of your photos, slides and documents you provide to us You are responsible for all images and documents chosen to be incorporated in the project. You must have the right to use the images you supply to us in your product, and by placing an order with us you are representing and warranting to CustomPictureBook.com that you have that right, that all images you supply belong to you and that you have obtained any third party permissions that may be necessary to use the images you are supplying in your project. Such permissions may include but are not necessarily limited to the permission of the photographer(s) of any professional photograph(s) you supply to CustomPictureBook.com for use in the final product. By placing an order with us, you are representing and warranting to CustomPictureBook.com that you have all such rights and any necessary permission from third parties. By placing an order with us, your are also agreeing to indemnify CustomPictureBook.com against any liability that might arise as the result of a claim by any third party that inclusion of the materials (images and music) you supply to us in your final product violates any copyright or other right of any third party. CustomPictureBook.com expressly disclaims any responsibility or liability to any third party arising out of the content of the materials (images and music) you supply to us for inclusion in your final product, and you agree to be solely responsible as to any such claim. CustomPictureBook.com also reserves the right not to create a project if it deems the content to be hateful, harmful or otherwise objectionable or contrary to any law. If you are unsure, please contact us to describe your project and we will let you know if it is acceptable to send to us. CustomPictureBook.com will not accept any photos that depict minors or any person who it appears is or might be a minor engaged in any form of sexual conduct or any conduct that might otherwise be harmful in any way, including, but not limited to content that does or might violate any federal or state child pornography law, child exploitation law or law that prohibits harmful depictions of minors. Additionally, if necessary for the protection of minors or as required by law, CustomPictureBook.com will disclose such material to the proper authorities.


FEES FOR NON-PAYMENT
All payments for orders are to be paid in full prior to shipment of the product unless specific arrangements have been made or customer has been approved for credit by M&D Media LLC.

A $30 fee will be added to the balance or any payments owed for returned checks or in instances where the customer has charged back the payment on the credit card due to error or mistake.

Finance charges will accrue at a rate of 1.5% per month on the open balance or maximum allowed by law.

CustomPictureBook.com BY M&D MEDIA LLC COPYRIGHTS AND TRADEMARKS
All logos, graphics, text used to identify CustomPictureBook.com and its products and services are the trademarks and property of CustomPictureBook.com. All such protected material cannot be copied, displayed, or used in derivative works without the express permission of CustomPictureBook.com. Any third party logos, graphics and marks displayed by CustomPictureBook.com are the property of the respective owners. These cannot be used, copied or displayed in any way without express permission of the owners of these marks.

DISCLAIMER TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CustomPictureBook.com OR M&D MEDIA LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ITS PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES SHALL CustomPictureBook.com BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO CUSTOMERS PHOTOS, SLIDES, MUSIC CDS, OR ANY OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO AS A RESULT OF THEFT, FIRE, FLOOD, NATURAL DISASTER, WAR, OR TERRORISM. BY PURCHASING THE SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE YOU ARE AGREEING TO ALL TERMS AND CONDITIONS CONTAINED HEREIN.

GENERAL
These Terms and Conditions shall be governed by the laws of Maine where M&D Media LLC is organized. If a court should find any one of the provisions of these terms not enforceable, you agree that the remaining terms shall remain in force. Further, these Terms and Conditions represent the full agreement between you and CustomPictureBook.com. CustomPictureBook.com has the right to modify these Terms and Conditions at any time. Should you continue to use the service after notice of the changes, your use will constitute an acceptance of the changes. If there are any questions regarding any of the above provisions, you should contact: CustomPictureBook.com, 371 Fore Street, Suite 301, Portland, Maine 04101.

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