This website (this “Website”) is operated by picturehouse + thesmalldarkroom and governed by the terms and conditions below.
These terms and conditions are legally binding on all users of this Website. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you, the “User”, agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
picturehouse + thesmalldarkroom is hereby referred to as “phtsdr”, “we” and “us”.
1. Ownership
Unless otherwise noted, phtsdr owns and claims copyright to all content, images, text, data, trademarks, and non-third-party product names (“Content”). You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.
2. Authorized and Prohibited Uses
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of phtsdr; provided, however, if the functionality of the Website permits the e-mailing of certain content or a link through the use of an “e-mail to a friend” (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
3. Registration
phtsdr may or may not provide the ability to register for access to this Website. This registration may be a requirement for use of specific portions of the Website. This registration will require the provision of specific identifying details about the user. All details provided by the User, during the registration process are required to be correct, current, and complete. If phtsdr determines that the details of the registration are not correct or falsified, phtsdr will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User’s account, if any.
4. Linking
No link shall be made to any page of this Website except a direct link to the top page without framing. In addition, any link to this Website must be immediately followed by notice to phtsdr via e-mail at info@phnyc.com. Moreover, in the event phtsdr deems User’s linking practices in relation to this Website to be inappropriate, phtsdr may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of phtsdr relating thereto. Upon notification of phtsdr as provided above, User may link to this Website unless and until phtsdr gives notice that User must discontinue linking to this Website.
5. Authority of Website Administrator
phtsdr may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these terms and conditions, the Content or any link at any time without liability or prior notice. phtsdr may in its discretion terminate the browsing of registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
6. Third Party Sites and Other Information
From time-to-time phtsdr may provide links that will take you to other, third-party websites. These links are provided for your convenience. If you decide to access linked websites, you do so at your own risk. phtsdr does not endorse or take responsibility for the content on other websites, or the availability of other websites and you agree that phtsdr is not liable for any loss or damage that you may suffer by using other websites.
7. Disclaimer of Warranty and Limitation of Liability
phtsdr agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, phtsdr SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY phtsdr “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, phtsdr DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO phtsdr, AND 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 LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR FILM, phtsdr SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF UNEXPOSED FILM AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY phtsdr, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, phtsdr WILL BE LIABLE ONLY FOR THE COST OF THE ORDER.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, phtsdr SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, phtsdr SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF phtsdr 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.
LIMIT OF LIABILITY
DIGITAL MEDIA
LIMIT OF LIABILITY STATEMENT
Submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT that any loss or damage to it by our company, subsidiary or agents, even though by our negligence or other fault, will only entitle you to replacement with an equivalent quantity/size of unexposed photographic film or electronic media. Except for such replacement, our acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. No expressed or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media)
I (Customer) acknowledge and agree that by submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to replacement with an equivalent quantity/size of unexposed photographic film or electronic media, and processing of the replacement media. Except for such replacement, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media with Declared Value Option)
I (Customer) acknowledge and agree that by submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to replacement with an equivalent quantity/size of unexposed photographic film or electronic media, and processing of the replacement media, unless I have declared a higher value below, and have paid the premium for that value in advance. Except for such replacement, or payment of the declared value if applicable, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.
LIMIT OF LIABILITY AGREEMENT (Replacement of Media plus Prints)
I (Customer) acknowledge and agree that by submitting any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative to you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, constitutes an AGREEMENT by me that any loss or damage to it by your company, subsidiary or agents, even though by your negligence or other fault, will only entitle me to 1) replacement with an equivalent quantity of unexposed photographic film or electronic media, 2) processing of the replacement media, and 3) the same number of prints from the next media submitted by me to you. Except for such replacement and prints, your acceptance of the media, image, data, file, card, disc, device, film, print, slide or negative is without other liability, and recovery for any incidental or consequential damages is excluded. I understand that no express or implied warranty is provided.
8. Indemnification
User will defend, indemnify and hold harmless phtsdr and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website.
9. Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to phtsdr for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
10. Contact Information
If you have any questions regarding this Website and its Terms of Use, please contact phtsdr at info@phnyc.com.