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Terms and Conditions

Welcome to Sunrise Photo!

Before you use our services (the “Services”), please review the Terms and Conditions set out below (the "Terms"). Your use of our Services constitutes acceptance of these Terms and Conditions and creates a binding legal agreement, so please read them carefully. Your acceptance of these Terms creates a binding contract between you and Sunrise Photo that you will use the Services only in a manner consistent with these Terms.

1. Account

Users of the Services (the “Users”) must be 13 years or older to create an account on Sunrise Photo’s website (the “Site”). You may create a member account through our Site by registering certain personal information and creating a password. You agree that you will provide complete, accurate, and up-to-date information about yourself as requested. You are responsible for preserving the confidentiality of your username and password that you use to access your member account on our Site. You agree not to disclose your username or password to any third party. You will notify us as soon as possible of any unauthorized use of your account.

2. User Conduct

Our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to change or discontinue our Site, in whole or in part, at any time in our sole discretion.

We grant you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Site (this includes any images, text, graphics, sounds, data, and other materials incorporated into our Site) solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Site, or create derivative works of any portion our Site without our written consent. 

Users of the Services, whether they have created an account or not, may not use the Services to process “Prohibited Content.” Users found to be engaging in or processing Prohibited Content may be blocked from accessing the Site and Services. The use or processing of Prohibited Content may result in non-fulfillment of the User’s order.

Generally, Prohibited Content includes content that:

  • Is harmful, offensive, threatening, or abusive toward anyone;  
  • Is obscene, pornographic, defamatory, slanderous, or otherwise deemed by Sunrise Photo as inappropriate;
  • Violates on the personal, publicity, or intellectual property of others;
  • Advocates or encourages illegal acts; 
  • Violates any federal or state laws, statutes, or regulations; 
  • Contains viruses, corrupt files, or any other files or programs that may interrupt or destroy the functionality of computer software;
  • Any content that User is not authorized to use;

All Content that is processed using our Services or Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure. Sunrise Photo in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.

3. User Purchases

Users wanting to purchase products through our Site will be asked to supply certain information relating to the purchase, including but not limited to, purchasing information. All payment information provided to us or our third party payment processor must be accurate, current and complete.

User must represent and warrant that they have the legal right and authority to use any payment means used to complete a transaction.

User agrees to pay all charges incurred by them or any users of their account and credit card (or other applicable payment mechanism). User is responsible for paying any applicable taxes relating to your purchases. Unless otherwise noted, all currency references are in U.S. Dollars (USD). We may at any time, and upon notice if required by applicable law, change the amount of any fee or charge.

4. Third Party Sites and Services

Our Site and Services may contain links to other third party sites or services. We have not reviewed all of these third party sites or service and have no control over their content, operation, practices, or privacy. Our inclusion on our Site of any third party links, site, or services is not an endorsement of the content of that third party site or service.

5. User Submitted Materials

Materials submitted by User, including but not limited to photos, videos, images, text, and any other materials (“User Submitted Materials”) are subject to the following terms and conditions:

  • User will retain ownership of User Submitted Materials. User grants Sunrise Photo and its assigns a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable license to use, reproduce, distribute, and create derivative works of such User Submitted Materials in connection with the production or provision of any product or service User requests or to show User how User Submitted Materials would appear in our products or services.
  • Any templates or layouts used from the Site’s services that are used in conjunction with the User Submitted Materials, the rights to such templates and layouts remain with Sunrise Photo. 
  • User consents to the use of their likeness, and has obtained the written consent, of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using the User Submitted Materials in the manner contemplated by these Terms. If any such identifiable individual is under the age of eighteen (18), User has obtained such written consent, release 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.
  • User possesses all rights with respect to User Submitted Materials. User Submitted Materials do not violate any copyright or other intellectual property right of any other party.
  • User Submitted Materials that are obscene, offensive, unlawful, abusive, threatening, or otherwise inappropriate may be removed from our Site. User Submitted Materials that violate any of these Terms may be removed without notice.

6. Indemnification

User agrees to indemnify and hold Sunrise Photo, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) User’s violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) User’s User Submitted Materials; (iii) User’s activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of User account by User or any other person.

7. Intellectual Property

The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

8. Disclaimer

Except to the extent that you may have greater rights in a separate signed agreement with us: (i) we disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material; and (b) we disclaim any responsibility for any harm resulting from downloading or accessing or using any photos, information or material obtained from our Site.

Except for the express warranties contained in these terms, our products and services, are provided “as is” and without warranties of any kind, either express or implied. We do not warrant that our Site will be uninterrupted or error free. We do not make any warranty as to the content on our Sites. We, and our directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates disclaim all warranties, express or implied.

9. Copyright Infringement Claims

If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is: 

Joe B.

Attn: Copyright Infringement

SunriseWallabout@gmail.com

10. Arbitration

Sunrise Photo may elect, and you are required if so elected by Sunrise Photo, to resolve any controversy or claim arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in the State of New Jersey.

11. Termination

Either User or Sunrise Photo may terminate User access to the Site at any time without notice. If User violates any Terms in this agreement, Sunrise may terminate User’s access to the Site. Sunrise Photo will have no liability for any files or materials deleted as a result of the termination of User’s access to the Site.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regards to its conflict of law provisions. User and Sunrise Photo irrevocably consent to bring or maintain any action to enforce these Terms before an arbitration panel, at Sunrise Photo, or before a court of competent jurisdiction in New Jersey if seeking interim or preliminary relief or enforcement of an arbitration award.

13. Miscellaneous

Sunrise Photo’s failure to enforce any provision of these Terms does not constitute a waiver of such right or provision.

This Agreement and any attachments hereto represent and constitute the entire agreement between the Sunrise Photo and the User, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed invalid and a new, valid, enforceable provision that most closely matches the intent of the original provision will supersede, and the remainder of the Terms shall continue in effect.