~ Phosaic™ Policies ~

Phosaic™, LLC’s Terms and Conditions

Phosaic™, LLC (sometimes hereinafter the "company") grants our customers and the users of our Website a nonexclusive, nontransferable, limited right and license to access, use and display the Website and the materials published on the Website for their personal use only, provided customers and users comply fully with the terms and conditions of use. Customers and users shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not necessarily limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these terms and conditions of use or state, federal and applicable international law, rules or regulations.

The Phosaic, LLC Copyright Policy

Phosaic™, LLC does not, and cannot, control the images that customers upload to our website. Customers have the sole responsibility and sole liability for complying with all the applicable federal and state laws applicable to such images, including compliance with the copyright and trademark laws, and laws regulating the use of proprietary business property, and laws regulating the publication of obscene and pornographic material.

Return Policy

All sales are final, unless otherwise noted. No refunds are given once Phosaic™ begins working on your order, which means Phosaic™ has received your necessary materials (i.e., digital files and payment) and/or approval and started work on your job.
In some cases, a partial or full refund may be extended to the customer if no work has been completed by Phosaic™ for a specific order. Please note that such refund would be adjusted to cover any fees charged for proofs or other services associated with that order.

Trademarks

All brand, product and service names used in this Service which identify Phosaic™, LLC or third parties and their products and services are proprietary marks of Phosaic™, LLC and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Phosaic™, LLC or any third party with respect to any such image, logo or name. Copyright Phosaic, LLC is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means). For more information please contact info@phosaic.com.

Changes to Terms and Conditions

Phosaic™, LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in the terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to make yourself aware of any changes. Your continued use of this Website after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Monitoring, Editing and Disclosure of User Material

You agree that Phosaic™, LLC has the right, but not the obligation, to monitor all material on the Website at any time for any reason in its sole discretion to determine compliance with these terms and conditions of use and any other operating rules that Phosaic™, LLC may establish from time to time. Notwithstanding this right of the company, Phosaic™, LLC does not and cannot review all materials posted to the Website by users and customers, and Phosaic™, LLC is not responsible for any such materials posted by customers and users. Phosaic™, LLC reserves the right at all times to edit, disclose, refuse to post or use, request removal of or remove any material or information as may be necessary to comply with any law, rule or regulation or government or agency request or if, in Phosaic™, LLC's sole discretion, such materials are objectionable or in violation of law or these terms and conditions of use.

Indemnification

Customers and users agree to indemnity, defend and hold harmless Phosaic™, LLC and all its officers, directors, owners, agents, employees, attorneys, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of, or posting to, this Website. Phosaic™, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you as user or customer and you shall not in any event settle any matter without the prior written consent of Phosaic™, LLC

Ownership Restrictions

Phosaic™, LLC owns, controls, licenses or has the right to use and provide this Website and all material on this Website, including, without limitation, text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright law, international treaties and conventions, and other copyright laws. Phosaic™, LLC is the owner of all copyrights in and to this entire Website. Phosaic™, LLC owns copyright in the selection, coordination, arrangement and enhancement of this Website. Users and Customers agree to abide by any and observe all copyright notices, information or restrictions displayed on this Website.

Change to Site or Content

Phosaic™, LLC shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of this Website, including, but not limited to, Content, features, or hours of availability. Phosaic™, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

Disclaimer of Warranties and Damages; Limitation of Liability

 This website, including all content, software, functions, materials and information made available on or accessed through the website is provided on an ‘as is’ basis without representations or warranties of any kind. Phosaic™, LLC does not warrant that the website will be uninterrupted or error-free, that corrections be made to defects or that any other site or server that makes it available is free of viruses or other harmful components. Phosaic™, LLC does not make any representation as to the accuracy or reliability of the website, the content, the materials, information and/or functions made accessible through the website, any products, services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website. Should you be dissatisfied with this website or any content therein, your sole remedy is to discontinue use of the site. Phosaic™, LLC's

Rights to Materials Provided by Users

Phosaic™, LLC welcomes your comments regarding our merchandise and services, including this Website. However, any or all material and information provided by you to the Website may be included in a database owned by Phosaic™, LLC and its subsidiaries and affiliates in which we have rights and interest, including, but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Website to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Website, you grant to Phosaic™, LLC a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Phosaic™, LLC of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Phosaic, LLC is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Phosaic™, LLC or this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Phosaic™, LLC or any Phosaic™, LLC affiliate or subsidiary other than pursuant to these terms and conditions of use. Phosaic™, LLC shall not be responsible for the payment of any moneys to any party in connection with Phosaic™, LLC's use of Communications submitted by you to this Website.

Non-United States Residents

Phosaic™, LLC makes no representation that materials in the Website, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Website from other locations outside of the United States do so on their own initiative and risk, and are responsible for compliance with local laws of their own jurisdiction, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier. However, all copyright in all such merchandise is owned and retained by Phosaic™, LLC.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to the conflict of laws provisions of South Carolina or elsewhere. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Beaufort County in the State of South Carolina and by accessing and using this site and ordering any materials, you thereby consent irrevocably to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you, the customer or user, and Phosaic, LLC with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Phosaic, LLC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be used to interpret or construct these terms and conditions.

The Phosaic™, LLC Acceptance and Use of Images Policy

The company cannot control the type or nature of images that customers either upload to the Website or forward as hardcopies to Phosaic, LLC for replication. Consequently, by using this Website, you, the customer or user, hereby warrant and declare under penalty of perjury, to Phosaic, LLC, Inc., that (a) you are at least 18 years of age, (b) your intended use of the materials produced using Phosaic, LLC's services, will not confuse or mislead the public in any way, (c) you are the owner of the copyright to the material or have been authorized by license or permission by the owner of the copyright to have the materials to be copied, reproduced or replicated, or (A) the materials are in the Public Domain. If you have been granted a license to or ownership of copyright, a copy of the license or assignment may be requested before we accept your order. Such actions do not mean acceptance by the company of the materials or the customer order. Consequently, it its sole discretion, Phosaic, LLC reserves the right to refuse to process an order for cause or without cause, in its sole discretion.

In consideration of Phosaic™, LLC's acceptance and processing of my submitted photos, I hereby grant Phosaic™, LLC's and its licensees the right to copy, distribute, publish, display and otherwise use the photo or reproduction for any lawful purpose including advertising and other commercial uses in connection with Phosaic™, LLC's services. I certify that I am the photographer and sole copyright owner of this photo and text, or have obtained license to, or assignment of copyright in the photo or reproduction, and have obtained the consent of all identifiable persons shown in it for these uses. I agree to reimburse Phosaic, LLC and its licensees for all damages and expenses (including attorney's fees) they may incur from claims based on their use of my submitted photo or reproduction. I am at least 18 years old and have full legal authority to transfer these rights to Phosaic, LLC, or I am under 18 and my parent or guardian has read and accepted these terms for me.

PRIVACY STATEMENT AND PROCEDURES Please see our privacy statement at:  Privacy Statement Copyright © 2006, Phosaic™, LLC, Inc. All Rights Reserved under United States and applicable international treaties and conventions. This Website and any content appearing in it may not be published, broadcast or otherwise reproduced, published or distributed in any form without the prior written permission of Phosaic™, LLC, Inc., a South Carolina corporation. "Phosaic" is a trademark of Phosaic™, LLC, Inc.