Terms & Conditions

To use www.myholidaymoments.com or a related link thereof (“www.myholidaymoments.com”) we require that you agree to these terms and conditions (the “Terms”). Please read the Terms carefully. These Terms are between Cherry Hill Programs, Inc. (“we”, “us”, “our” or “Cherry Hill Photo”) and you (“you”, possessively “your”). The Terms, together with our Privacy Policy, apply to your use of www.myholidaymoments.com and its services. The Privacy Policy is located at www.myholidaymoments.com/Content.aspx?Page=Privacy, and is incorporated into these Terms by reference.

 

No Unlawful Images; Copyrights.  Cherry Hill Programs is not responsible for the content of your images and expressly disclaims all liability relating thereto. You assume all liability for the content of your image. Any individual who views an image through a Cherry Hill Programs account is required by law to own the right to or obtain permission to use the account and view any image, before the image is uploaded or printed through Cherry Hill Photo. Cherry Hill Programs reserves the right to delete, move, edit images, or suspend viewing or printing of images if, in our sole discretion, we deem abusive, defamatory, or in violation of copyright or trademark laws or otherwise unacceptable.

 

Use of Our Website and Services.  Subject to and conditioned upon your compliance with the Terms, and solely for so long as you are permitted by Cherry Hill Programs to access www.myholidaymoments.com and the Cherry Hill Programs services, we grant to you a non-exclusive, limited right and license, which cannot be sublicensed or otherwise transferred, to access the services supplied by www.myholidaymoments.com and Cherry Hill Programs (the “Services”), including any images, text,  links, graphics, videos, audios or visuals, data and other materials incorporated into the Services, solely as made available by us, solely as necessary to access the Services and solely for your own personal, non-commercial, home purposes, with the condition that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Services may include advertisements and that such advertisements are a necessary part of the Services, and that the views or substance of the advertisements may not reflect the beliefs and feelings of Cherry Hill Photo. The Services, including all such materials and all intellectual property rights therein, remain the property of Cherry Hill Programs or its transferees, its licensors or suppliers. Except as expressly authorized by the Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Services without the written consent of Cherry Hill Photo, such consent will not be unreasonably withheld. Nothing herein grants any rights to commercially exploit any portion of the Services or any content therein. All rights not expressly granted hereunder are expressly reserved.

While using the Services you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; a lack of compliance may result in termination of your access to the Services. While using the Services, you agree not to violate any laws or regulations, nor will you:

• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Upload to, transmit through, or display on the Services (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use the Services to harm minors in any way;
• Engage in spamming or flooding;
• Attempt to collect information about or from users of the Services without their express consent and, if such consent is provided, only pursuant to applicable law.
• Attempt to access or use another user's content without permission;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Services;
• "Frame" or "mirror" any portion of the Services, or link to any page of or material on the Services other than the URL located www.myholidaymoments.com or any URLs provided by us to you for such purposes as part of the Services, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Services; or

We may terminate your access to and use of the Services and/or any features made available through the Services immediately if you fail to comply with the above rules or otherwise fail to comply with the Terms and any rules laid out by Cherry Hill Photo.

 

Making Purchases.  If you wish to purchase any products through the Services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy at www.myholidaymoments.com/Content.aspx?Page=Privacy. All information that you provide to us or our third party payment processor must be accurate, current and complete. BY USING ANY CREDIT CARD(S), DEBIT CARD(S), GIFT CARD(S), BANK ACCOUNT(S), PAYPAL INFORMATION OR OTHER PAYMENT MEANS YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE SAID CREDIT CARD(S), DEBIT CARD(S), GIFT CARD(S), BANK ACCOUNT(S), PAYPAL INFORMATION OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card or other applicable payment mechanism, at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found at www.myholidaymoments.com. We make reasonable efforts to accurately display the attributes of our images and products, including the applicable colors; however, due to different grades of computers and screen quality, the colors you see may not be consistent with the actual image, and we cannot guarantee that your computer will accurately display the actual colors. The inclusion of any products or services at www.myholidaymoments.com at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the www.myholidaymoments.com or any service Cherry Hill Programs extends to you for your use. By placing an order, you represent that the images and products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

 

Storage.  Cherry Hill Programs deletes all images one hundred eighty (180) days after the image was taken, but reserves the right, in its sole discretion, to remove images, close or suspend access to images where it reasonably believes that the account is being used for illegal, immoral or unsavory purposes.

 

Termination /Cancellation/Suspension.  Cherry Hill Programs may terminate your account without notice in the event you violate these Terms. In addition, and Cherry Hill Programs may, in its sole discretion, remove images, close or suspend access to all or some galleries, and/or suspend account where the conduct of your account is not in compliance with these Terms. Cherry Hill Programs may terminate your account without cause by providing you with email notification. In the event of termination by Cherry Hill Programs without cause, you may be refunded the price of your image.

Cherry Hill Photo’s Intellectual Property.  The website, services, information, content, and materials we offer are protected by patents, copyrights and other applicable laws of both the United States and foreign countries. You may not take any action that will interfere with or disrupt the service. Any duplicating, copying, editing or otherwise altering of the image immediately creates a new image.  The new image is not a Cherry Hill Programs image, and any misuse and/or reference to Cherry Hill Programs associated to the image is inappropriate, illegal and will be prosecuted to the fullest extent of the law.

Cherry Hill Programs has the right to investigate and prosecute any violations of intellectual rights infringement and/or Web-site security issues, to the fullest extent of the law. Cherry Hill Programs may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Cherry Hill Programs has the right to monitor your access to, or use of, your account to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

 

Third-Party Websites and Services.  The website (www.myholidaymoments.com) may direct you to other websites ("Third Party Websites"). We have not reviewed all of the Third Party Websites to which you may be directed and we have no control over such Third Party Websites. We have no control over and are not responsible for (a) the content, information and operation of such Third Party Websites, (b) the privacy of such Third Party Websites, or (3) any practices or beliefs of such Third Party Websites. The fact that www.myholidaymoments.com or a related link thereto may direct you to such Third Party Websites does not indicate any approval or endorsement of any Third Party Websites. You are responsible for the costs associated with such Third Party Websites, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Websites.

There is a possibility that other web sites may provide links to www.myholidaymoments.com with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Services, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.  In addition, we are not and shall not be responsible or liable for any links, spam, popups or the like, which are the result of those sites.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR VIEWING OR USE OF ANY CONTENT, INFORMATION, IMAGES, GRAPHICS, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to www.myholidaymoments.com  and the Services through technological or other means without prior notice.

 

Indemnification.  You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to access to or use of your account or image(s) (including negligent or wrongful conduct) by you or any other person accessing or using your account or image(s).

 

Disclaimer.  THE Cherry Hill Programs IMAGES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Cherry Hill Programs EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cherry Hill Programs MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Cherry Hill Programs MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH CHERRY HILL PHOTO’S SITE OR ADVERTISED THROUGH CHERRY HILL PHOTO’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Cherry Hill Programs OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Cherry Hill Programs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF Cherry Hill Programs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, WWW.MYHOLIDAYMOMENTS.COM OR ITS SERVICES, FROM ANY CHANGES TO THE SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT Cherry Hill Programs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, Cherry Hill Programs WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF Cherry Hill Programs TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO Cherry Hill Programs FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

U.S. Government Restricted Rights.  All materials, information, software and other products supplied by Cherry Hill Programs are provided with “Restricted Rights.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (Oct 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.