buybuy BABY Photography Terms and Conditions
Your use of this Website is governed by these Terms and Conditions
Please take a few minutes to review these Terms and Conditions (“Terms”). Your use of the buybuybabyphotography.com Website (“Website”) constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms do not use the Website.
Email Offers and Reminders
By providing your email address to buybuy BABY Photography by Lifetouch, you may receive special offers and reminders. You may unsubscribe at any time by clicking “Unsubscribe” at the bottom of any email we send. To ensure you receive these offers and reminders, check your SPAM filters to allow delivery.
Products and Services
We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.
Right of Return
Photo products may be returned for a full refund in the original form of payment within 60 days of the purchase date with a sales receipt. Without a sales receipt, we will exchange the product for another product of equal or lesser value within 60 days of the purchase date. Digital Images and CD’s cannot be returned or exchanged.
Transfer of Title
Purchases of product through buybuy BABY Photography by Lifetouch (in-studio, online, etc.) are subject to a destination contract if in-store pick up is requested. This means that the title and risk of loss for these products passes to the customer upon the carrier's delivery to the studio. Otherwise, the title and risk of loss for any purchases pass to the customer upon our delivery to our carrier.
Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this Website may not be reproduced in any way. All images created by buybuy BABY Photography by Lifetouch are the property of Lifetouch Inc. and its subsidiaries (collectively “Lifetouch”), our licensing partners, or are used with permission.
Content and Guest Images
All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text (collectively “Content”), and the Guest Images are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the Businesses or by third parties who have licensed materials to them or one of their subsidiaries. The entire Content and materials of the Website are copyrighted as a collective work under U.S. copyright laws.
Except as otherwise provided in these Terms or in a written agreement from Lifetouch, the Content, Guest Images and the Website as a whole, are intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content and view, share, create and order portraits and products from us provided you (1) only use these copies of the Content and the Guest Images for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Except as otherwise specifically provided in these Terms, no right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. The Businesses reserve complete title and full intellectual property rights in any Content and Guest Images you download from this Website.
Except as otherwise specifically provided in these Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works, sell, re-sell or exploit the Content or Guest Images without first obtaining written permission from us.
We welcome your comments regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to buybuybabyphotography.com shall be and remain the exclusive property of Lifetouch. Your submission of any such Comments shall constitute an assignment to Lifetouch of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Lifetouch will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
These Terms may change
We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product or service description, pricing and availability. We apologize for any inconvenience this may cause you.
THE WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. BUYBUY BABY CORPORATION, INC., LIFETOUCH INC. AND THEIR AFFILIATED COMPANIES (COLLECTIVELY, THE “BUSINESSES”), EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS WEBSITE.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT AND MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DO NOT REPRESENT OR WARRANT THAT PRODUCTS, MATERIALS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE ON ALL COMPUTERS, OR THAT USE WILL BE RELIABLE, UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR MATERIALS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR THE PURCHASE OR USE OF A PRODUCT OR SERVICE OR LOSS OF MATERIALS.
WITHOUT LIMITING THE FOREGOING, THE BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
THE BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THE BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, WILL THE BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR LOSS OF MATERIALS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBLITY OF SUCH DAMAGES.
Enforcement of Terms and Conditions
BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
The Website is operated by Lifetouch Inc. The mailing address for Lifetouch Inc. is 11000 Viking Drive, Suite 400, Eden Prairie, MN 55344
buybuy BABY Photography Terms and Conditions