Discover Orange Bowl Experience photos

Terms and Conditions

 

Last updated December 5, 2012

Introduction

Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Catch The Moment (“CTM”), in cooperation with Discover Financial Services (“DFS”), through the Discover Orange Bowl Experience photos web site (the “Photo Site”) found at http://www.discoverorangebowl.com (the "Service"). This Photo Site is separate and distinct from the http://www.discover.com web site, which provides different services and products and therefore such site has a different privacy policy and different terms of use. Please refer to the privacy policy and terms of use for such site when using such site or for information on visiting Discover Financial Services.

By using this Service you agree to be bound by these Terms. CTM and DFS 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, DFS and CTM 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.

The Service, the Photo Site and CTM are based in the United States and, as such, the laws of the United States and of the State of New York govern your relationship with CTM and DFS regarding the use of this Service.

1.     Purpose of the Service

CTM and DFS offer digital photography services that provide the ability to view, share and place orders of the digital images taken at Discover Orange Bowl Experience or other personal photos uploaded by you to the Photo Site (if this option is offered).

2.     Accuracy, Completeness and Timeliness of the Information

Regardless of any information presented on the Photo Site, CTM and DFS reserve the right without prior notice to discontinue the Service or change specifications at any time, 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, more complete or more timely sources of information. Although CTM and DFS make reasonable efforts to ensure that all material on the Photo Site is correct, accuracy and integrity cannot be guaranteed, and CTM and DFS do not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Photo Site.

3.     Availability

CTM 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 CTM to minimize such disruption where it is within the reasonable control of CTM. You agree that CTM and DFS shall not be liable to you for any modification, suspension or discontinuance of the Service.

4.     Privacy

Please click on the “Privacy Policy” link at the bottom of this page to review the Privacy Policy (the “Privacy Policy”) provided on the Photo Site by DFS.

5.     Trademarks

All brand, product and service names used in this Service which identify CTM, DFS or third parties and their products and services are proprietary marks of CTM, DFS and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of CTM, DFS or any third party with respect to any such image, logo or name.

6.     Copyright

CTM is, unless otherwise stated, the owner of all copyright and database rights in the Service. DFS, unless stated otherwise, is the content 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 CTM and DFS 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.

CTM and DFS 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 register as a member of the Service you must be 13 years of age or over.

You agree that the information that you provide to CTM 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 CTM will communicate with you about your account and your orders.

9.     Storage Policy and Photo Availability

Photos taken at Discover Orange Bowl Experience and uploaded by CTM or Discover Orange Bowl Experience to the Photo Site should be available online by the morning after the photos were taken. The photos must be claimed within 30 days from when they were taken. Photos not claimed within 30 days will no longer be available. If offered, you may also upload your personal photos to the Photo Site.

Once photos are claimed and associated with a user account or uploaded by you to the Photo Site, they will be available for viewing, sharing and purchasing for 30 days, after which the photos will be permanently deleted. CTM and DFS reserve the right to not upload data of any type that might be deemed offensive. CTM and DFS are not responsible for lost or missing photos.

10.  Photo Downloads

Photo download purchases may be available through the Photo Site. The ability to purchase a download is identified on the Photo Site if available.

Photo downloads include all original images uploaded by CTM or DFS 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, overlays and greeting card designs, may be available as part of a download purchase.

After a download 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 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.

11.  Sharing 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 CTM nor DFS are responsible for undeliverable e-mail addresses. CTM reserves the right to filter text content of the share e-mail subject line and message.

Recipients of share emails will be able to purchase prints of any or all photos included in your account. 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.

12.  External Links

From time to time CTM may provide links that will take you to other, 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 CTM nor DFS endorses or takes responsibility for the content on other web sites or the availability of other web sites and you agree that neither CTM nor DFS is liable for any loss or damage that you may suffer by using other web sites. Different terms and conditions may apply to your use of any linked sites.

13.  Conduct

You agree not to use the Service:

a.     for any unlawful purposes;

b.     to upload, post, email or otherwise transmit or communicate any material that (i) is false, fraudulent, obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, invasive of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable, or (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law;

c.     to upload, post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to CTM and DFS;

d.     to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

e.     to upload, post, email or otherwise transmit any material which is likely to cause harm to CTM’s or DFS’s or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

f.      to make images hosted by CTM available for viewing by the general public through a publicly posted link to the image or otherwise;

g.     for any commercial purpose other than to permit a recipient with whom you have shared your images to order photographic prints of those images;

h.     to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, political campaign materials, spam, chain letters, pyramid schemes, or any other form of solicitation;

i.      to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or

j.      to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.

You further agree that you shall not:

k.     interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;

l.      provide any information to CTM that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or

m.   resell the Service or any portion of the Service.

14.  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 CTM and DFS, 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

15.  Customer Feedback

CTM and DFS 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 CTM or DFS in connection with the operation or content of this Photo Site shall be considered non-confidential and non-proprietary.

You understand and agree that CTM or DFS 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 CTM or DFS or their respective suppliers to obtain, maintain, or exercise its ownership rights.

16.  Termination of Membership

CTM and DFS 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.

17.  Applicable Law and Jurisdiction

The Service, the Photo Site and CTM 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.

18.  Disclaimer of Warranty and Limitation of Liability

THE SERVICE, THE PHOTO SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY CTM AND DFS ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. CTM AND DFS 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 CTM, SUCH AS SHIPMENT OF AN INCORRECT OR DEFECTIVE PRODUCT, CTM WILL REPLACE AND CTM AND DFS 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, CTM AND DFS 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 CTM OR DFS 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.

19.  General

CTM’s and/or DFS’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

20.  Circumstances Beyond our Reasonable Control

CTM and DFS 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 1 month, either party may terminate a contract for the purchase of products without compensation.

21.  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. CTM may assign its rights and responsibilities hereunder without notice to you. CTM reserves the specific right to transfer the running of the Service to a third party. 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.

22.  How to Contact Us

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