Callaway Gardens Photos

Terms and Conditions

Last updated November 1, 2013

Please read these terms and conditions (the "Terms") carefully as they contain the legal terms and conditions that you agree to when you use the Service (as defined below) provided to you by Kodak Alaris EIS Inc. (“EIS”), in cooperation with Callaway Resort & Gardens (“Callaway Gardens”), through the Callaway Gardens Photos web site found at https://www.callawaygardens.com/photos (the "Photo Site"). This Photo Site is separate and distinct from the https://www.callawaygardens.com/ web site, which provides different services and products.  Therefore, the use of the https://www.callawaygardens.com/ web site is governed by different terms of use and privacy policies. Accordingly, please refer to the terms of use and privacy policy for https://www.callawaygardens.com/ web site when using that site or to obtain information on visiting Callaway Resort & Gardens.

By using this Service, you agree to be bound by these Terms. EIS and Callaway Gardens reserve the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement among you, Callaway Gardens and EIS with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Service.  If you do not wish to be bound by these Terms, please do not use the Service.

1.     Purpose of the Service

EIS and Callaway Gardensoffer digital photography services that provide the ability to access and use the Site to view, share, download and place orders of the digital images taken at Venue Name (the “Service”).

2.     Accuracy, Completeness and Timeliness of the Information

Regardless of any information presented on the Photo Site, EIS and Callaway Gardens reserve the right without prior notice to discontinue the Service, without incurring any obligations. The Photo Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although EIS and Callaway Gardens make reasonable efforts to ensure that all material on the Photo Site is correct, accuracy and integrity cannot be guaranteed, and EIS and Callaway Gardensdo not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Photo Site.

3.     Availability

EIS uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by EIS to minimize such disruption where it is within the reasonable control of EIS. You agree that EIS and Callaway Gardens shall not be liable to you for any modification, suspension or discontinuance of the Service.

4.     Privacy

Click here to see the Photo Site’s Privacy Policy.

5.     Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Photo Site without permission from the trademark owner, except as permitted by applicable law.

6.     Copyright

EIS is, unless otherwise stated, the owner of all copyright and database rights in the Service. Callaway Gardens, unless stated otherwise, is the owner of any photographic material contained on this Photo Site. You may not publish, distribute, extract, re-utilize or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).

7.     Intellectual Property Rights of Others

We respect the intellectual property rights of others and request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the “Contact Us” link at the bottom of the page

The notification must include ALL of the following:

a.     a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

b.     a description of the copyrighted work you claim has been infringed;

c.     a description of where the material you claim is infringing is located on the Photo Site;

d.     your name, address, telephone number, email address and all other information reasonably sufficient to permit EIS and Callaway Gardens to contact you;

e.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

f.      a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

EIS and Callaway Gardens are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Photo Site, including material you provide to us, and so we have an absolute right to remove any material from the Photo Site in our sole discretion at any time.

 

8.     Registration

To purchase from or register as a member of the Service you must be 18 years of age or over. You agree that the information that you provide to EIS on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which EIS will communicate with you about your account and your orders.

9.     Password

When you register as a member you will be asked to provide a password. You are responsible for all activities that occur under your username or password. Thus, you should keep your username and password confidential. You must notify EIS immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. EIS reserves the right to require you to alter your password if EIS believes that your password is no longer secure.

10.  Storage Policy and Photo Availability

Photos taken at Venue Name and uploaded by EIS or Venue Name to the Photo Site should be available online the morning after the day the photos were taken. The photos must be claimed within thirty (30) days from the date they were taken. Photos not claimed within thirty (30) days will no longer be available to be viewed or claimed.

Once photos are claimed and associated with a user account, they will be available for viewing, sharing, downloading and purchasing for thirty (30) days, after which the photos will be permanently deleted. EIS and Callaway Gardens reserve the right to not upload content of any type that, in EIS’s sole discretion, might be deemed offensive. EIS and Callaway Gardens are not responsible for lost or missing photos.

11.  Formation of a Binding Contract

When placing your order, EIS will obtain authorization from your credit card company for the amount of your order. No contract will exist between you and EIS for the supply of any services or products unless and until EIS accepts your order. Acceptance of your order shall take place when your credit card is charged which will occur upon placement of your order. Until your credit card is charged, EIS reserves its right to cancel your order.

12.  Product Availability

Receipt of your order does not guarantee that EIS can supply the selected products to you. All the products on the Photo Site are subject to availability and EIS must therefore reserve the right to (a) limit quantities of products it supplies, (b) supply only part of an order or to divide up orders, or (c) alter the availability and duration of, and to terminate at any time, any special offers.

13.  Photo Downloads

Photo download purchases may be made available through the Photo Site.  Whether or not the Photo Site offers the ability to purchase a photo download will be identified on the Photo Site.  Photo downloads include all images uploaded by EIS or Callaway Gardens to the Photo Site that have been claimed by you where the images have not already been deleted by you and have not already expired at the time of the download purchase.  Custom content available through the Photo Site, including but not limited to, image borders and overlays, may be available as part of a download purchase.

After a download of all your images is purchased, a download link will be provided to you via email. You may initiate the image download an unlimited number of times via the provided link for thirty (30) days after which time the download link will automatically expire. A text file explaining your limited rights to the images will be provided with the images when they are downloaded.

You may also download individual images directly to your mobile device or computer. 

14.  Pricing and Delivery

All prices are stated in U.S. dollars and are valid until altered by EIS. Links may be available from time to time on the Photo Site for special offers for selected products. Prices do not include delivery charges, import duties, or value added taxes that may be added by the order destination country. Any applicable shipping and handling charges and/or U.S. sales tax will be added to your order during the checkout process. In the event that you order products and the price published on the Service was incorrect, EIS will contact you to let you know the correct price and ask you whether you still wish EIS to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only.

15.  Return Policy

If for any reason, you are not satisfied with any print or photo product you purchase, simply return it within thirty (30) days from date of purchase and EIS will either reprint the original print or photo product at no cost to you or refund the original purchase price. Please click on the “Help” link at the bottom of this page for information regarding returns and refunds. EIS will issue a refund to your credit card or reprint your original print or photo product when your return is received.

Photo download purchases are not refundable.

16.  Sharing and Social Network Posting of Photos Through the Photo Site

You are responsible for naming the persons to share your photos.  To share your photos online, you must provide a valid e-mail address for each recipient. Neither EIS nor Callaway Gardens is responsible for undeliverable e-mail addresses. EIS reserves the right to filter the text content of the share e-mail subject line and message.  Recipients are not required to register prior to viewing your pictures.  When you delete a shared photo, it is deleted from all recipient accounts. Recipients can delete their copy of a photo which will only remove it from their account.

Posting of photos to social networks, including but not limited to FACEBOOK, may be available through the Photo Site.  The ability to post photos will be identified on the Photo Site, if available, along with the applicable social network options.

17.  External Links

From time to time EIS may provide links that will take you to third party web sites. These links are provided for your convenience. If you decide to access linked web sites, you do so at your own risk. Neither EIS nor Callaway Gardens endorses or takes responsibility for the content on other web sites or the availability of other web sites and you agree that neither EIS nor Callaway Gardens is liable for any loss or damage that you may suffer by using other web sites. These terms do not govern your use of a third-party web site and different terms and conditions will apply to your use of any linked sites.

18.  User Conduct

You agree to use the Photo Site only for lawful purposes.  You agree not to take any action that might compromise the security of the Photo Site, render the Photo Site inaccessible to others or otherwise cause damage to the Photo Site.  You agree not to use the Photo Site in any manner that might interfere with the rights of third parties.

19.  Indemnification

You understand and agree that you are personally responsible for your behavior on the Photo Site. You agree to indemnify, defend and hold harmless EIS and Callaway Gardens, and their respective parent companies, subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of your use, misuse, or inability to use the Photo Site, the Service, or the content, or any violation by you of these Terms. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

20.  Customer Feedback

EIS and Callaway Gardens do not want to receive confidential or proprietary information from you via the Photo Site. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to EIS or Callaway Gardens in connection with the operation or content of this Photo Site shall be considered non-confidential and non-proprietary.

You understand and agree that EIS or Callaway Gardens or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for EIS or Callaway Gardens or their respective suppliers to obtain, maintain, or exercise its ownership rights.

21.  Termination of Membership

EIS and Callaway Gardens reserve the right in their sole discretion to terminate your use of the Photo Site and your membership if you violate any of these Terms or if your account has been inactive for more than one year.

22.  Applicable Law and Jurisdiction

The Service, the Photo Site and EIS are based in the United States and, as such, this Service has been designed to comply with the laws of the State of New York. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its rules on conflicts of law. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

23.  Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY EIS AND Callaway Gardens ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. EIS AND Callaway Gardens EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.

YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. IN THE EVENT OF ANY MISTAKE BY EIS, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, EIS WILL REPLACE AND EIS AND Callaway Gardens WILL BE LIABLE ONLY TO THE EXTENT OF THE RETURN POLICY STATED IN THESE TERMS.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, EIS AND Callaway Gardens SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE PHOTO SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF EIS OR Callaway Gardens HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

24.  Circumstances Beyond our Reasonable Control

EIS and Callaway Gardens are not liable for delays in performance caused by circumstances beyond their reasonable control and will be entitled to an extension of time for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If such circumstances continue for more than one month, either party may terminate a contract for the purchase of products without compensation.

25.  Miscellaneous

The title and risk of loss for print or photo products purchased by you through the Service passes to you upon our delivery of such products to the carrier for shipment to you. EIS may assign its rights and responsibilities hereunder without notice to you. EIS reserves the specific right to transfer the running of the Service to a third party. EIS's and/or Callaway Gardens’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

26.  How to Contact Us

If you have any comments or questions about these Terms and Conditions or the Service, please contact us using the "Contact Us" link at the bottom of this page.

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