About SmileStop Photo Books

Terms and Conditions of SmileStop Photo Books.com
Listed below are the Terms and Conditions associated with the use of SmileStop Photo Books. Com (referred to as the Site). Please carefully read these Terms and Conditions as you agree to be bound by them when you access and use the Site and/or our services. If you do not agree to be bound by these Terms and Conditions you are not authorized to use the Site or the services associated with it. SmileStop Photo Books is a division of Hoster Bindery Inc. Hoster Bindery Inc. Doing Business As (DBA) SmileStop Photo Books (herein referred to as HB INC DBA SmileStop Photo Books) reserves the right to modify these Terms and Conditions at any time without prior notice. We recommend you review these Terms and Conditions each time you access the Site as your use of the Site following any such modification constitutes your agreement to be bound by the Terms and Conditions as modified.

Use of The Site
The Site is available as a service of HBI DBA SmileStop Photo Books(also referred to as “us” and “we”) to display our products and provide digital photo services to our customers. You may download our free software solely for the purpose of creating a custom digital photo project to be submitted to HBI DBA SmileStop Photo Books or SmileStop Photo Books.com for fulfillment. You may use the Site to contact us regarding a project or order and to provide feedback regarding our products and services. Any other use of the Site, including the modification, reproduction, distribution or transmission of the content displayed on the Site is strictly prohibited.

Availability
It is the endeavor of HBI DBA SmileStop Photo Books to ensure that the Site is available 24 hours a day 7 days a week. There will be occasions however that will require service to be interrupted to perform necessary maintenance, upgrades and repairs. Service may also be interrupted due to circumstances beyond our control such as failure of telecommunications links and equipment. You agree that HBI DBA SmileStop Photo Books will not be liable to you for any modification, interruption, suspension or discontinuance of the Site or the service. HBI DBA SmileStop Photo Books reserves the right to limit the availability or quantity of any service, product, or promotion to any entity at any time at our sole discretion.

Age Requirements
You must be at least 18 years of age to use the services of HBI DBA SmileStop Photo Books. You agree that you have reached the legal age of 18 and that you are capable of entering a legally binding contract when you submit an order to us for fulfillment.

Eligibility
The Site is for the use of residents of the United States for sales in the United States only.
You must be a resident of the United States and also be capable of entering a legally binding contract under applicable law to use the Site and our services. The Site and any sale or service associated with the Site, is restricted to only those jurisdictions where such sale or Service is not prohibited by law. It is your sole responsibility to determine whether it is lawful in the jurisdiction under which you would use the Site and our services, to use such Site and services, and you agree to obey any and all applicable laws and regulations. HBI DBA SmileStop Photo Books reserves the right to limit the availability of the Site or our services to any geographical area or jurisdiction at our sole discretion at any time.

Colors
HBI DBA SmileStop Photo Books makes reasonable effort to display the colors of our products as accurately as possible to the materials used to make them. Since the color you see when viewing the Site depends on your computer monitor, we cannot guarantee that your computer will accurately display such colors, and therefore cannot guarantee that the color of the final product will match the color sample on your computer monitor. Actual color may vary slightly due to changes in die lot, and therefore HBI DBA SmileStop Photo Books cannot guarantee that the color ordered in any reprints will match the original product purchased.

Copyright Policy
Unless otherwise noted, the Site and its contents, including but not limited to, any text, images, icons, illustrations, designs and other materials that appear on the site, are protected by U.S. copyright laws and belong to Hoster Bindery Inc., its affiliates, or third parties. You may not modify, reproduce, display, publish, distribute or transmit, content on the site without permission from Hoster Bindery Inc., and any applicable affiliate or third party. HBI DBA SmileStop Photo Books endeavors to comply with all copyright laws, therefore written permission is required from the original owner(s) for any copyrighted photograph(s) that have been included in any digital photo project submitted to SmileStop Photo Books.com for processing. You expressly imply that you have requested, and received, written permission allowing the copyrighted photograph to be reproduced by HBI DBA SmileStop Photo Books. You also agree to indemnify, defend and hold harmless HBI DBA SmileStop Photo Books from any liability, claim or suit arising from, or associated with, any copyright infringement with respect to any and all orders you submit to HBI DBA SmileStop Photo Books and SmileStop Photo Books.com for fulfillment.

Privacy Policy
HBI DBA SmileStop Photo Books does not rent or sell any information collected through the site, however, this Privacy Policy applies to all information that is received by the site and is an integral part of the Terms and Conditions of the use of the site. Your use of this site constitutes your acceptance of the terms and conditions of this Privacy Policy. Information collected includes your name, email address, and any information needed to fulfill your order. We retain the above information for a period of 3 months from the date of purchase in case you desire additional copies. If you have signed up for our Newsletter we retain your name and email address to send you updates about any new products and services, and exciting new promotions we offer. When you submit an order to SmileStop Photo Books.com, we use outside companies to process your credit card information and to ship the order to you. These companies receive only the information they need to process your order and are not permitted to store, rent, sell or share your information to other parties. HBI DBA SmileStop Photo Books does not retain your credit card information and you will need to enter your credit card information with each new order you submit. Additional information collected when you visit the site may include information on what pages you visit, and information you submit via our online response form. This additional information is used to help us improve the content of the site and to improve our products and services to better meet your needs.

INDEMNIFICATION.
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR IN CONNECTION WITH THE SITE AND RELATED SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HBI DBA SMILESTOP PHOTO BOOKS , AND ITS AFFILIATED COMPANIES, LICENSORS, EMPLOYEES, AGENTS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SITE, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO , DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR RELATED TO YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, OR ANY VIOLATION BY YOU OF THESE TERMS OF USE OR ANY OTHER AGREEMENT BETWEEN YOU AND HBI DBA SMILESTOP PHOTO BOOKS. THIS PROVISION SHALL REMAIN IN FULL EFFECT AND IN FULL FORCE SURVIVING ANY MODIFICATION AND /OR TERMINATION OF THIS AGREEMENT.

DISCLAIMER OF WARRANTIES
THE SITE INCLUDING WITHOUT LIMITATION ITS CONTENT, SOFTWARE, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HBI DBA SMILESTOP PHOTO BOOKS, ITS LICENSORS AND EMPLOYEES, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT. HBI DBA SMILESTOP PHOTO BOOKS DOES NOT WARRANT THE ACCURACY OF THE SITE OR COMPLETENESS OF THE CONTENT, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT ANY ERRORS IN THE SITE, SERVICE OR CONTENT WILL BE CORRECTED. HBI DBA SMILESTOP PHOTO BOOKS DOES NOT WARRANT THAT THE SITE OR ITS SERVERS, OR THE SOFTWARE AVAILABLE FOR DOWNLOAD FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR CONTENT OR IMAGES OR FOR ANY DAMAGE THAT MAY OCCUR TO YOUR COMPUTER ASSOCIATED WITH THE DOWNLOAD OR USE OF THE SOFTWARE. HBI DBA SMILESTOP PHOTO BOOKS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED FOR ANY PRODUCT, SOFTWARE OR SERVICES AVAILABLE, ACCESSED, PURCHASED OR OBTAINED THROUGH THE SITE. SMILESTOP PHOTO BOOKS.COM IS PROVIDED FOR UNITED STATES RESIDENTS ONLY AND HBI DBA SMILESTOP PHOTO BOOKS DOES NOT WARRANT THAT ANY OR ALL OF THE CONTENT APPEARING ON THE SITE IS LEGAL IN YOUR JURISDICTION. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER USE OF THE SITE IS IN COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICE AND SOFTWARE. 

LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL HBI DBA SMILESTOP PHOTO BOOKS, AND ANY OF ITS AFFILIATED COMPANIES, LICENSORS, EMPLOYEES, AGENTS AND THIRD-PARTY PROVIDERS TO THE SITE, BE LIABLE FOR, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OR INABILITY TO USE THE SITE, THE SERVICE, OR THE SOFTWARE, OR IN CONNECTION WITH THE USE OR INABILITY TO USE, THE SITE, THE SERVICE, OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
(II) LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF PROFITS, OR LOSS OF DATA RESULTING FROM OR RELATED IN ANY WAY TO ANY TRANSACTION FACILITATED THROUGH THE SITE, THE SERVICE OR THE SOFTWARE, OR (III) RELATED TO ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SITE, THE SERVICE OR THE SOFTWARE, OR ANY (IV) UNAUTHORIZED THIRD PARTY ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, OR (V) ANY OTHER MATTER RELATED TO THE USE OF THE SITE, THE SERVICE OR THE SOFTWARE EVEN IF HBI DBA SMILESTOP PHOTO BOOKS, AND ANY OF ITS EMPLOYEES OR ANY OTHER AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN SUCH STATES, WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW AND HBI DBA SMILESTOP PHOTO BOOK’S SOLE, EXCLUSIVE AND MAXIMUM LIABILITY SHALL BE $100.00

Applicable Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any disputes in connection with these Terms and Conditions or arising from these Terms and Conditions shall be subject to the state and federal courts of the Commonwealth of Pennsylvania. You agree to waive any objections regarding jurisdiction, venue or inconvenience, and agree to submit to the exclusive jurisdiction of any State court located in Central Bucks County, Pennsylvania and any Federal court located in the city of Philadelphia, Pennsylvania.