Terms of Service

Terms of Service

By using Family Photos by TM (“Service”), you agree to be bound by our Terms of Service (“ToS”), these additional terms and conditions (“Family Photos by TM Terms”) and all other terms, policies and guidelines applicable to the Service. Defined terms will have the same meaning as those found in the ToS, unless otherwise re-defined herein. The Service primarily produces portrait photography and related content which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Family Photos by TM Content”) created by (or on behalf of) us for you.

  1. Limitation of Liability for Damage or Loss of Products. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAMILY PHOTOS BY TM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING BUT NOT LIMITED TO DAMAGE OR LOSS OF YOUR PRODUCT WHILE IN OUR POSSESSION OR DURING SHIPMENT). IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER FAMILY PHOTOS BY TM, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN THIS SECTION. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  2. Production and Creative Process. As part of our creative process, you agree we may make alterations to the Family Photos by TM Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, and other alterations as necessary. The Family Photos by TM Content is our artistic interpretation of the Portrait we photograph for you. We do not guarantee that the Family Photos by TM Content will be flawless or perfect. You are responsible for ensuring the Family Photos by TM Content is appropriate for the final intended use and that it doesn’t misrepresent the Portrait. We will not be responsible for any claims by you or any third party that the Family Photos by TM Content is an inaccurate representation of the Portrait. We allow for 2 re-edit requests with specifics asks for edits and specific examples. Vague requests for edits will not be completed.

  3. Copyright Ownership. The copyright in Family Photos by TM Content vests in and/or remains the intellectual property of Photos by TM. No transfer of copyright or ownership rights in any of the Family Photos by TM Content is granted to you.

  4. License and Permitted Use of Family Photos by TM Content. Personal Use. Family Photos by TM hereby grants You an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Product for your Personal Use, provided that you do not remove any attribution notices or copyright notices included by Family Photos by TM in any Product. “Personal Use” includes, but is not limited to, use (i) of photos on your personal social media pages or profiles; (ii) in your digital personal creations, such as digital scrapbooks, digital albums or personal digital gifts; (iii) in personal communications, such as family newsletter, email, or digital holiday card. You will not make any other use of the Product without Family Photos by TM's prior written consent, including but not limited to use of the Product for commercial sale. This limited license agreement does not permit the images to be printed or to make any alterations, Modifications or edits to work in any way.

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