Terms and Conditions

When using and accessing Our ("Nashtucky Photobox, LLC") Website ("http://www.nashtucky.com"), or by using Our services and placing an order, you ("You" or "Customer") agree to accept the terms and conditions of the Nashtucky Photobox, LLC services. All of the following terms and conditions are assumed to be included and incorporated in all contracts for the sale of products and services to You by and through Nashtucky Photobox, LLC. Please read these terms carefully. If you do not agree to the terms and conditions of the Nashtucky Photobox, LLC services, then you may not use its website ("http://www.nashtucky.com") or any of its services.

Nashtucky Photobox, LLC may at any time change or modify its terms and conditions. It is recommended by Nashtucky Photobox, LLC to review these terms and conditions from time to time to become aware of any changes. You will only be asked to agree to these terms and conditions when submitting an order. If in the future you decide to use the website and services of Nashtucky Photobox, LLC, you will be asked to review and accept the terms and conditions again before placing an order. Please read and review the terms and conditions before placing each order, as our terms may change.

Copyrights and Trademarks

1 All content on our site ("http://www.nashtucky.com") including images, text, logos, site design, and photos belong to Nashtucky Photobox, LLC and we have exclusive right to all content. Without written permission from Nashtucky Photobox, LLC, you may not use our content. You must receive written permission from us to be granted the use of our content. Furthermore, any permission of content use granted by us, may be revoked at any time, and for any reason.

2 You acknowledge and agree that all digital images, photographic prints, albums of photographic prints, and resulting digital images (collectively “Materials and/or Content”) submitted by you to the Nashtucky Photobox, LLC services and/or created for you by the Nashtucky Photobox, LLC services are your sole responsibility. When submitting Materials or Content to Nashtucky Photobox, LLC, you are representing and warranting your ownership of the Materials and Content or possession of written permission from the copyright owner to make such Material and Content available to Nashtucky Photobox, LLC to perform its services and its obligations under these Terms

Privacy Policy

Nashtucky Photobox, LLC believes in protecting the privacy and security of its Customers. Nashtucky Photobox, LLC has created a privacy policy for its Customers that explains how their personal information will be collected and used, and can be viewed at http://www.nashtucky.com/privacy-policy.html. Your use of the site ("http://www.nashtucky.com") and/or services of Nashtucky Photobox, LLC is governed by the Privacy Policy.

Indemnity

By using our services, you agree to indemnify and hold harmless Nashtucky Photobox, LLC and its owners, members, associates, affiliates, business partners, and employees harmless from and against any and all claims and expenses, damages, and liabilities (including attorney's fees and cost of defense) Nashtucky Photobox, LLC or any other indemnified party suffers in relation to and from your use of the Nashtucky Photobox, LLC services.

Third Party Content

When placing an order through Nashtucky Photobox, LLC, you are given the option to allow Nashtucky Photobox, LLC to create an online storage account to which your photos are uploaded to. There is no fee or charge for this and the online storage companies have no affiliation nor endorsement with Nashtucky Photobox, LLC. If you elect and give permission for Nashtucky Photobox, LLC to perform this task for you, you agree that your participation in this offer is soley between you and the third-party storage company. You understand that you will be subject to the third-party's own terms and conditions. It is required you read and review any third-party terms before electing that Nashtucky Photobox, LLC creates these accounts for you. By electing to have Nashtucky Photobox, LLC to create an online storage account for you, you understand and agree that you are giving Nashtucky Photobox, LLC permission to accept the terms and conditions of the third-party storage sites on your behalf. The Kodak Gallery terms can be found here, and the Snapfish terms can be found here. Nashtucky Photobox, LLC disclaims all express, implied, and statutory warranties with regard to Third Party Content.

Links to Third Parties

Even though we may have links contained on our website ("http://www.nashtucky.com") to other third-party websites, Nashtucky Photobox, LLC has no control over any third-party website. You agree Nashtucky Photobox, LLC is not responsible or liable for any content, products, advertising, services, or other materials on or available from third-party websites. Nashtucky Photobox, LLC is not responsible or liable, whether directly or indirectly, for any damage or loss caused by the use of any content, products, advertising, services, or other materials on third-party websites.

Terms of Payment, Transport and Electronic Communications

1 Before submitting your order, you are required to provide an estimate of photos to be scanned by Nashtucky Photobox, LLC. When submitting your order through Nashtucky Photobox, LLC, you agree to pay for the services you incur before your order and photos are returned to you. You agree that your order you submit represents an estimate only, and your final charges may be more or less depending on the actual number and types of photos submitted. In the event that the actual services and/or work performed is greater than the estimate, you agree to pay for the difference in services before your order and photos are returned to you. In the event that the actual services and/or work performed is less than the estimate, Nashtucky Photobox, LLC will only charge for the final digital count before your order and photos are returned to you.

2 Nashtucky Photobox, LLC agrees to provide pick up and delivery in the Davidson County, Wilson County, and Williamson County areas of the state of Tennessee at our sole cost. Any person residing outside of these stated Tennessee counties wishing to purchase the products and/or services of Nashtucky Photobox, LLC, will be soley responsible for the cost and liability of providing their own shipping and handling. Furthermore, if you purchase the services and/or products of Nashtucky Photobox, LLC, and reside outside of these Tennessee counties, Nashtucky Photobox, LLC shall asume no responsiblity for any loss or damage to the customer's ("You") materials while it is transported by the mail, courier, or transport companies. Nashtucky Photobox, LLC is not liable for the content or any materials of the customer while not in our possession.

3 Nashtucky Photobox,LLC is not responsible for any overdraft, over the limit, or other bank fees you may incur as the result of us charging your credit card or debit card. Nashtucky Photobox, LLC may charge up to $15 for any checks returned unpaid by your bank.

4 By using the Nashtucky Photobox, LLC services, you consent to receiving electronic communications from Nashtucky Photobox, LLC. You agree that any notices, agreements, disclosures or other communications that Nashtucky Photobox, LLC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

5 Nashtucky Photobox, LLC offers no warranty or guarantee that the turn around time quoted on our website ("http://www.nashtucky.com") will be met. Acting in good faith, Nashtucky Photobox, LLC will maintain a reasonable turn around time and will give its best effort to meet the quoted turn around time located on our website ("http://www.nashtucky.com").

Limitation of Liability

1 Nashtucky Photobox, LLC assumes the risk of loss of your original materials soley from the date and time that Nashtucky Photobox, LLC receives your original materials until the date and time in which Nashtucky Photobox, LLC returns your original materials to you or to a third party carrier for return to you. Nashtucky Photobox, LLC is not responsible nor liable for your original materials when not in our sole possesion or custody. Our expenses and remedies for lost or damaged materials while in our possesion can never exceed the raw cost of the materials or $200, whichever is less. You acknowledge and agree that this remedy is reasonable for the damages caused to you by the loss or damage of your original materials. Furthermore, you agree to bear all possible loss and damage of your original materials while not in the possession or custody of Nashtucky Photobox, LLC.

2 You, the user and customer, fully understand and agree that the submission of any photos to Nashtucky Photobox, LLC, and the download, upload, or use of any materials on the Nashtucky Photobox, LLC website ("http://www.nashtucky.com") is done at your own risk, and you will be soley responsible for any loss or damage to your photos, and any damage to your computer system, and/or loss of any data that may result in the download, upload, and use of any material through Nashtucky Photobox, LLC and its website ("http://www.nasthucky.com"). You understand and agree that Nashtucky Photobox, LLC does not assume any responsibility and is not liable for any loss, physical, personal, or personal damage, or any other type of damage that may in any way result from the use of its services and products. Nashtucky Photobox, LLC and its website ("http://www.nashtucky.com") shall assume no responibility nor liability for damage, loss, or delay to persons or property in connection with third parties in which Nashtucky Photobox, LLC and its website ("http://www.nashtucky.com") has no control.

3 Except as provided in the above paragraphs, your use of the Nashtucky Photobox, LLC services and/or website ("http://www.nashtucky.com") is entirely at your sole risk. To the fullest extent allowed by law, Nashtucky Photobox, LLC and its owners, associates, members, and employees shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of use, data, or other intangible losses), even if Nashtucky Photobox, LLC has been advised of the possibility of such damages or loss.

Disclaimer of Warranties

The Nashtucky Photobox, LLC website ("http://www.nashtucky.com") and all products and services provided through it are provided "as is" with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Nashtucky Photobox, LLC disclaims any warranties for the security, reliability, timeliness, and performance of the Nashtucky Photobox, LLC website ("http://www.nashtucky.com") or the Nashtucky Photobox, LLC service. Nashtucky Photobox, LLC further disclaims, to the fullest extent permitted by law, any warranties for any information or advertisement obtained through the website ("http://www.nashtucky.com").

Embedded Information

In order for Nashtucky Photobox, LLC to provide its services, it may be nesessary to embed information into the resulting image files from our scanning services. This Embedded Information may include without limitation Nashtucky Photobox, LLC contact information, descriptive “tags”, equipment used, and the time and date of the scan. This Embedded Information can be used to identify the source and history of an image independent of the Nashtucky Photobox, LLC services. You understand and agree that you have been informed that this Embedded Information may exist in every scan performed by the Nashtucky Photobox, LLC service and that you also understand and acknowledge that distributing your images would result in the distribution of this Embedded Information. You agree and accept full responsibility for the distribution of this Embedded Information should you intentionally or unintentionally distribute your images.

Effective February 9th, 2009