Terms and Conditions
These terms and conditions govern your use of BACKGROUNDTOWN by ACI and our services. Your use of these services constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so please read them carefully. If you have an account with BACKGROUNDTOWN by ACI you are governed by these Terms and Conditions. Please also note, you must be 18 years or older to use services.
If you are not completely satisfied with your order due to a mistake we made or because your product arrived damaged, you may request a refund by emailing as at firstname.lastname@example.org and sending us a picture of the damaged product and packaging. Subject to applicable law, we will not refund any amounts if your dissatisfaction with any product due to a mistake on your part or simply because you have changed your mind. (Please keep in mind, poor image quality results from inadequate resolution or improper exposure. We cannot be responsible for poor image quality resulting from inadequate resolution or improper exposure. Please know that digital files do not have a wide latitude for adjustment. In addition, please preview your images to ensure that all customizable features are to your liking before placing your order. These features include spelling, grammar, positioning of text, orientation/cropping of images and other services such as paper choice and finish options.)
Our remarkably fast turnaround (3-5 days) is the result of a large production capability and an extremely efficient workflow. While we can control our production turn around times, we cannot guarantee the delivery time for orders.
Your credit card is authorized and charged at the time your order is placed. BACKGROUNDTOWN by ACI accepts Visa and MasterCard, American Express or Discover.
You must have the legal right to all of the images you upload, share or copy on BACKGROUNDTOWN by ACI. Images provided to you by professional photographers, without license and release granted by the photographer, or made available through websites, magazines, books or other resources are protected by copyright laws and should not be uploaded or shared in any fashion.
(see COPYRIGHT AND TRADEMARK ISSUES for more details)
The following actions will constitute grounds for blocking access to BACKGROUNDTOWN by ACI service, removal of posted material and non-fulfillment of your order (or any part of your order).
- Uploading, posting, ordering for print, emailing or otherwise transmitting any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, or otherwise objectionable;
- Harming minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Uploading, posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
- Interfering with or disrupting (or attempting to interfere with or disrupt) this site or servers or networks connected to this site, or disobeying any requirements, procedures, policies or regulations of networks connected to this site;
- Using this service for the purpose of making images available for viewing to the general public;
- Providing any information to BACKGROUNDTOWN by ACI that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
- Uploading content to which you do not have a copyright, license, or are otherwise not authorized to utilize.
Adult Content Policy
Nudes are normally printed. They will not be printed if they expose genitals or are suggestive/sexually explicit.
While BACKGROUNDTOWN by ACI cannot be responsible for unauthorized access, BACKGROUNDTOWN by ACI has privacy measures to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information collected online. Access to data is limited to authorized staff members, and is further restricted by password protection mechanisms. Web security and security procedures are reviewed and may be updated on a regular basis to ensure strong data collection. By default, all orders placed on our site are done on a secure server that encrypts all financial information through SSL. Credit card information is not stored in our data base.
LIMIT OF LIABILITY
Though every precaution is taken to ensure the safety of our digital files and images, unfortunately even with the best operators and best machines, error is possible. Users should ensure that digital images and files are stored in another location besides BACKGROUNDTOWN by ACI, we cannot and will not be responsible for any damage to or loss of any digital files or images uploaded, even if through the fault or negligence of our company. The acceptance, printing or other handling of the digital files or images, is without other warranty or liability, and recovery for any incidental or consequential damages is excluded.
MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.
- Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through our site is not proprietary to you, and the rights to such template or layout will remain with us.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
- You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- User Submitted Materials that violate these Terms may be removed from our site provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our site. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
COPYRIGHT AND TRADEMARK ISSUES
While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details.