HP DIGITAL SERVICE TERMS & CONDITIONS

IMPORTANT NOTICE - PLEASE READ CAREFULLY BEFORE PROCEEDING

Welcome to the image store website operated by Hewlett-Packard Company ("HP").

These Terms and Conditions ("Terms") are a legal agreement between you and HP governing your use of the website and all related Products (as defined below), Content (as defined below), text, montages, images, promotional content, rich media, metadata, software, firmware, security technology, web sites, graphics, user interfaces, visual interfaces, photographs, trademarks, music, artwork, postings, links, designs, structures, processes, arrangements, expressions, elements, “look and feel”, data, components, and other materials (collectively, the “Service”). You must accept and abide by these Terms in order to use the Service. Changes, additions, deletions, or counteroffers to these Terms by anyone other than HP will have no force or effect.

Please read the entire Terms carefully. When you purchase products through the Service, you fully and irrevocably accept and agree to be bound by these Terms.

HP may from time to time change these Terms or impose revised, new, or additional rules, policies, terms, or conditions on use of the Service (“Additional Terms”). It is your responsibility to check these Terms, available in the Help section, periodically for changes, including Additional Terms. Your continued use of the Service following the posting or other advisory of any Additional Terms will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into these Terms by this reference.

HP encourages your feedback and comments about the Service. Should you experience any problems in using the Service, you can contact HP via e-mail at digitalservices_en@mail.support.hp.com.


Site Terms & Conditions


1. Your Information


When applicable, you will provide accurate, current and complete information in order to register with the Service and at other times as may be required in the course of using the Service ("Registration Data"). HP may terminate your right to use any or all of the Service if any Registration Data or other information you provide is inaccurate, out of date, or incomplete. HP may collect and use the Registration Data you provide for use of the Service, including maintaining and collecting your accounts and billing fees to your credit or debit card. Use of your Registration Data is subject to the terms of the HP Privacy Policy.


2. User Account


As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not access or use anyone else's Account. You will not post your username or password on any other website nor transmit it through unsecured sites. You will promptly notify HP and update your Account information in the event of any known or suspected unauthorized use of your Account or other breach of security, including loss, theft, or unauthorized disclosure of your password debit card, or credit card information. You are entirely responsible and liable for all usage and activity on your Account, including purchases and other activities that occur on or through your Account. HP will not be responsible or liable for any losses arising out of unauthorized use of your Account.

3. Products and Content


The Service offers products such as posters, prints, photo albums, greeting cards, calendars, mouse pads, mugs, and t-shirts (“Products”). Some of the content incorporated into Products, such as graphics, artwork, text, and other materials (collectively "Content"), may be licensed from content providers ("Content Providers"). HP and its Content Providers own and retain all right, title, and interest in the use of all Products and Content, including those associated with Group Rooms (as defined below).


4. Finality of Sales


To shop and complete your purchase from the Service, you must have Internet access (fees may apply). All sales are final and all charges for those sales are nonrefundable, except as otherwise set forth in these Terms.


5. End Users


HP is a distributor of the Products and Content only to end users and does not accept orders from dealers, exporters, wholesalers, resellers, or other customers who intend to redistribute. There also may be other orders that HP chooses not to accept, in its sole discretion.


6. User Conduct


HP and its Content Providers are committed to ensuring that the Service remains a fun and safe place for online dealings with the Products and Content. Users of the Service may not upload, submit, or transmit to the Service or use in any manner with the Service (collectively “Submit”) any material that (collectively “Objectionable Material”):


(a) Is (or advocates behavior that is) abusive, deceptive, pornographic, obscene, sexually explicit, racially offensive, ethnically inappropriate, defamatory, slanderous, unlawful, abusive, vulgar, harmful, hateful, misleading, harassing, threatening, or otherwise inappropriate;

(b) Violates or otherwise encroaches on the rights of others, including rights related to copyrights, trademarks, privacy, and publicity;

(c) Implies or otherwise suggests any endorsement by, or personal relationship with, the Content Provider;

(d) Advocates any religious or political statement, position, affiliation, or ideology, or;

(e) ) Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or anything else that may compromise the Service;

HP has the sole discretion to determine whether any material is Objectionable Material, and all materials Submitted to the Service may be subject to examination from time to time. Although HP does not and will not examine or otherwise review all materials Submitted to the Service, HP may delete, move, and edit any material for any reason, at any time, without notice.


Every user of the Service who Submits material to the Service is solely responsible for such material. Thus, you are responsible for anything you Submit to the Service.


As part of the Service, HP may offer users the right to establish group rooms, shared rooms, or other similar capabilities (collectively “Group Rooms“), at HP's option and subject to HP's conditions. If a Group Room involves a user-specific URL, such as xxx.HP.com, HP may revoke the right to use that URL for any reason deemed appropriate by HP in its sole discretion; HP will provide at least thirty days notice prior to any such revocation.


7. Age Restrictions


The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms with your parent or guardian to make sure you and your parent or guardian understand these Terms. HP does not intentionally collect personal information about children under the age of 13.


8. Territory Restrictions


Purchases from the Service are available only within the fifty states of the United States and Washington, D.C. (the "Territory"), and are not available in any other location. You will need a U.S. based credit or debit card with a billing address in the Territory.


9. Payments


You will pay for all Products you receive through the Service, except where promotional merchandise is provided for free. HP is authorized to bill your chosen payment method for any Products purchased, and for any additional amounts (including taxes and late fees, as applicable) as may be accrued by or in connection with your Account (collectively “Charges”). You are responsible for the timely payment of all Charges and for providing HP with a valid method for payment. All Charges will be billed to the payment method you designate during the checkout process.


10. Electronic Commerce


Your use of the Service includes the ability to enter into agreements and to make payments electronically. Your electronic submissions constitute your agreement to be legally bound to all transactions you enter into on the Service, including notices of cancellation, policies, and applications. You hereby waive all defenses you might have based on the electronic form of these Terms. A printed version of these Terms, and of any notice given in electronic form related to these Terms, will be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents or records originally generated and maintained in printed form.


11. Payment Methods


The Service currently accepts major credit cards and Visa or MasterCard branded debit cards as a form of payment. When you use a credit or debit card, HP will obtain a pre-approval from the issuing bank at the time your order is placed. Your credit or debit card will be billed when your purchase is shipped. HP may bill your chosen payment method after each shipment, or may aggregate multiple purchases you make through the Service into a single charge to your account. Debit cards and credit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined online due to credit or debit card issues, you must review the data you have entered to ensure it is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your purchase and should use another credit or debit card.


12. Sales Taxes


Purchases from the Service will include any applicable sales tax based on the bill-to address and the sales tax rate in effect at the time of purchase. If the sales tax rate for the billing address changes before your purchase is shipped, the new tax rate in effect at the time of purchase will apply. HP will only charge tax in states and localities where purchases are taxable. No customers are eligible for tax exemptions for purchases made on the Service.


13. Price Changes


HP may change prices for Products offered via the Service at any time. On rare occasions, an item may be priced incorrectly on the Service. If the price for the item on the Service is incorrect and is actually higher than the price provided at the time of purchase, then at the sole discretion of HP, the Service may (i) contact you for instructions before shipping the item or charging you for such item, (ii) cancel the order for such item and notify you of such cancellation, or (iii) ship the item at the incorrect price to your benefit.


14. Delivery of Products


(a) The Service makes every effort to provide a broad offering of Content and Products. However, Content Providers may change or withdraw the availability of Content. For these reasons, HP reserves the right to change Product and Content selections at any time without notice.

(b) On occasion, technical and other problems may delay or prevent delivery of Products. Your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or refund of the price paid for such Product, as determined by HP in its sole discretion.

15. Risk of Loss


The risk of loss and title for all items purchased via the Service passes to you upon delivery of the item to the carrier.


16. Product Description


The Products offered for sale on the Service contain descriptions of Content that are provided directly by the Content Provider or other authorized parties. HP does not represent or warrant that the descriptions of Products or Content are accurate or complete. IF YOU PURCHASE AN ITEM THAT IS NOT AS DESCRIBED ON THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.


17. Returns, Exchanges and Refunds


All sales are final. Items sold by the Service may not be returned for a credit or refund. Exchanges of damaged or defective items may only be for the same item. If the item you received is not what you ordered, the erroneously shipped item may be exchanged for your originally ordered item only. You must return any damaged, defective or the erroneously shipped items within twenty-one days of delivery. Refer to the Help section of the Service website for the return policy. Items should be returned in their original product packaging. Once the Service receives the item and determines that it is damaged, defective or not what you ordered, your refund or exchange will be processed.


Please note that it takes three to five business days to process returns once they arrive at the Service's Returns Center. Any items returned after twenty-one days will be discarded and a refund or exchange will not be given.


Shipping charges are not refundable except as noted. Refunds for damaged or defective items will be made for the original purchase price and in the form of the original payment method.


18. Intellectual Property


The Service, including Products and Content, are protected by applicable intellectual property and other laws, including those related to copyrights and trademarks. You are granted no right or license with respect to any trademarks related or otherwise associated with the Service, including any Product or Content, and any use of such trademarks by you will constitute an act of infringement.


19. Rights


HP may take whatever steps HP believes are reasonably necessary or appropriate to enforce and verify compliance with these Terms. In the event of a violation (including a suspected violation) of these Terms, HP and its Content Providers may, in their sole discretion and without notice to you, (i) terminate your Account and your right to use Products or Content, (ii) require you to return to HP all Products or Content, (iii) preclude access to the Service, (iv) collect all amounts due under your Account through the date of termination, and (v) pursue any other rights or remedies available at law or in equity. UNAUTHORIZED USE OF THE SERVICE MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING MONETARY DAMAGES. HP may, in its sole discretion, modify, suspend, terminate, or discontinue the Service or your use of the Service at any time and in any way, in whole or in part, with or without notice, and with no liability to you. Neither HP nor its Content Providers will be liable for the removal or disabling of access to any portion of the Service.


20. Compliance with Laws


You will comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Service, including laws that may restrict, by electronic transmission or otherwise, the transfer or transmission of Content.


21. Legal Process


HP may, to the extent HP deems reasonably necessary or appropriate and without liability to you, (i) cooperate with any legal process relating to your use of the Service or to a third party claim related to your use of the Service, (ii) disclose any Registration Data, Account information, or other information or materials Submitted, including Objectionable Materials, to law enforcement authorities, government officials, or Content Providers, and (iii) cooperate with law enforcement agencies or other authorities in any investigation of Objectionable Materials.


22. Third-Party Materials or Web Sites


HP may provide links to certain third-party web sites (“Linked Sites”) solely as a convenience to you. HP is not responsible or otherwise liable in any manner for examining or evaluating any Linked Site, including as to suitability for children. HP does not warrant, endorse, or otherwise make any representation, and will have no responsibility or other liability, for any materials, products, or services of Linked Sites. You are responsible for adhering to the applicable terms of service for any Linked Site. If you decide to deal with a Linked Site, you do so entirely at your own risk. Your correspondence or business dealings with, and your participation in promotions of, Linked Sites (including related terms, conditions, warranties or representations) are solely between you and the Linked Site.


23. Disclaimers, Waivers, and Limitation of Liability


(a) HP DOES NOT WARRANTY, REPRESENT, GUARANTEE, OR OTHERWISE COMMIT THAT (I) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR (II) THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION. HP MAY SHUT DOWN THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

(b) NEITHER HP NOR THE CONTENT PROVIDERS (I) WARRANT, REPRESENT, GUARANTEE, OR OTHERWISE MAKE ANY COMMITMENT REGARDING THE TRUTH OR VALIDITY OF THE INFORMATION CONTAINED ON THE SERVICE, OR (II) ARE RESPONSIBLE FOR ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED OR ACCESSED THROUGH THE SERVICE.

(c) YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

(d) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WILL HP OR ITS CONTENT PROVIDERS, OR ANY OF THEIR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING ANY ERRORS OR OMISSIONS IN CONTENT OR PRODUCTS, LOST PROFITS, LOST GOODWILL, LOST DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (I) THE AMOUNT OF ALL PURCHASES BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE, OR (II) ONE HUNDRED DOLLARS U.S. ($100).

(e) YOUR SUBMISSION OF INFORMATION AND MATERIALS IS AT YOUR SOLE RISK. HP HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY TO YOU IN ANY WAY RELATING TO SUCH INFORMATION AND MATERIALS.

(f) HP MAKES NO WARRANTY, REPRESENTATION, GUARANTEE, OR OTHER COMMITMENT THAT ANY PARTICULAR SOFTWARE, EQUIPMENT, OR OTHER DEVICE OR SYSTEM WILL (I) BE COMPATIBLE WITH CONTENT, PRODUCTS, OR OTHER PORTIONS OF THE SERVICE, OR (II) FUNCTION IN ANY MANNER. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SOFTWARE, EQUIPMENT, AND OTHER DEVICES AND SYSTEMS WILL FUNCTION CORRECTLY WITH THE CONTENT, PRODUCTS, AND OTHER PORTIONS OF THE SERVICE.

24. Governing Law; Remedies


(a) The laws of the State of California, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws. Exclusive jurisdiction for any claim or dispute with HP, or relating in any way to your use of the Service, resides exclusively in the courts of San Diego County, California. Any summons, order to show cause, writ, judgment, decree or other process issued by such courts may be served on you at the address which you have provided to HP or personally outside the State of California, and when so served you will be subject to the jurisdiction of such courts as though the same had been served within the State of California.

(b) Any unauthorized use of the Service could result in irreparable injury to HP and its Content Providers for which money damages would be inadequate. In such event, HP and its Content Providers may, as applicable, in addition to other remedies available at law and in equity (including those under separate legal authority for claims of intellectual property infringement or violation), immediately seek injunctive relief against you, without the need to post bond or any other security.

25. No Assignment


You will not assign, sublicense, or otherwise transfer your rights as a customer of the Service.


26. Force Majeure


HP has no responsibility or other liability to you by reason of any delay or failure to perform to the extent caused by anything beyond the reasonable control of HP, including force majeure, act of God, storm, fire, casualty, unanticipated work stoppage, power outage, Internet connections, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of government, or act of public enemy.


27. Entire Agreement


These Terms (including Additional Terms), any usage or other restrictions associated with Products or Content, and the HP Privacy Policy for the Service constitute the entire agreement between you and HP regarding the Service, and supersede any other agreements, understandings, or other communications. You also may be subject to additional terms and conditions that may apply when you use Linked Sites, affiliate services, third-party Products or Content, or third-party software.


28. No Waiver


HP's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision, or of any other provision of these Terms.


29. Third Party Beneficiaries


Content Providers are third-party beneficiaries under these Terms with the right to enforce these Terms.


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