Terms and Conditions

 

Terms and conditions

The terms and conditions apply to all business transactions carried out by www.podexchange.com hereinafter referred to as the 'Company' or 'Companies'.

The person applying for goods or services from the 'Company' is hereinafter referred to as the 'Purchaser'.

 

Terms of use

Access to and use of this site (www.podexchange.com) is provided subject to the following conditions:

1.     By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to being legally bound by all the following terms please do not access and/or use the site.

2.     The 'Company' may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the 'Company'. Your continued use of www.podexchange.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

 

Ownership of the site

1.     This site is owned and operated by POD Exchange, LLC. (referred to herein as the 'Company' or 'Companies'). All content included on our site, such as prints, photographs, illustrations, images, text (referred to as 'Content') is owned by the 'Company' or our content providers. All Content is protected by United States copyright laws. For the protection of the 'Company' and our content providers, images may be watermarked.

 

Use of content

1.     You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any website content except for your own personal, non-commercial use. Any other use of the 'Companies' content requires the prior written permission of POD Exchange, LLC. or relevant copyright owners.

2.     Images of people or places displayed on this site are either the property of the 'Company', or used with permission of the copyright owner. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate Copyright Laws, Trademark Laws, the laws of privacy and publicity, and communications regulations and statutes.

3.    Licenses to print images from their providers is a privelege.  The copyright owner can withdraw your access to the images at any time and for any reason.  Agreements and licenses between you and image provider must be valid for you to be granted access to the images.  Valid licenses can be unavailable if the Agreement is invalid.  Any issues with the validity of your agreements or licenses should be directed to the image owner and not POD Exchange.

4.    Licensed Images may only be produced using the POD Exchange supplied software packages.  Any attempts to reproduce a image by any other means (e.g. scanning, photopraphing) is strictly prohibited and will be considered copyright infringement.  Any violation of this kind will result in immediate termination of your account with POD Exchange and possible legal action against you.

5.    In some cases, borderless printing can cut off the copyright line from the image.  If this is the case, you understand that the printed image is protected by copyright law and remains a copyrighted image regardless of the existance of a physical copyright line.

 

Disclaimers

1.     OUR SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN 'AS IS' BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

2.     Although we use our reasonable best efforts to ensure the accuracy of the Content on our site, we make no representations or warranties as to the accuracy, correctness, or reliability of the Content. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in this web site or its contents. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free, or that our site or the server that makes it available are free of viruses or other harmful components. By using this site you acknowledge that its use is at your own risk. As a convenience, our Web site may link to other Web sites that may be of interest to you but are not under our control. These links do not imply an endorsement by the 'Company' and we are not responsible for the availability of, or the content contained in, any linked site.

 

Limitation of liability

Neither the 'Company', its Directors nor our Content providers will be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of this web site

Images sent to the 'Company'

It is solely and without exception the responsibility of the person sending images to the site to ensure that they have the permission of the copyright owner to use the image.

By sending your image to the 'Company' you warrant that:

1.     It is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to the 'Company' for all the purposes specified above;

2.     It does not infringe any law; and

3.     You indemnify the 'Company' against all legal fees, damages and other expenses that may be incurred by the '˜Company' as a result of your breach of the above warranty; and

4.     You waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.

 

Credit Purchases

Printing credits purchase on the site are redeemable only for the output of licensed artwork.  All other products and services on the site can only be purchased by Company Check or PayPal.  Purchases made by company check will not be processed until your check has been received.  

Each copyright provider specifies the price per square inch for printing their images.  This price per square inch is converted to credits at a rate of $1 USD per credit.  Purchased credits may be refunded at the customer's request.  Credits are refunded at $0.85 per credit.  

 

Cancellation/ Refund Policy

Products purchased on this site may be returned or refunded with prior consent of the ‘Company’.  A standard fee of 20% is assessed to the refund to offset administrative costs.  See information under "Credit Purchases" for our refund policy on credit purchases.

 

Payment

The total cost of your order is the price of products ordered plus applicable taxes and delivery charges as stated upon the website.

For all orders received for shipment beyond the boundaries of the United States; any applicable duties for the import of products into chosen countries from the US are the responsibility of you, the ordering customer. Payment can be made by any of the methods specified in the payment section of this website. By placing an order, you confirm that the credit or debit card that is being used is your own, or is being used with full authorization of the card holder.

All credit and debit card holders will be subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment to us we will not be able to process your order, nor will we be liable for any delay or non-delivery of product(s) as a result.

 

Refusal of Transaction

We reserve the right to withdraw any products from this website at any time. We may refuse to process any transaction for any reason or refuse service to you at our sole discretion.

To be eligible to purchase products on this website and lawfully enter into contracts under United States law you must:

1.     Register by providing your real name, phone number, Email address, invoice and delivery address and payment information

2.     Be 18 or over years of age

3.     Possess a valid credit card, debit card or Paypal account.

By making an offer to buy a product, you specifically authorize us to transmit information or to obtain information about you from certain third parties specific to financial authorization including but not limited to your debit or credit card number and credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

www.podexchange.com is a trading name of POD Exchange, LLC., a company registered in the United States and the contract will be concluded in English and under United States law.