DBSI, Inc.

Please read the Terms & Conditions below

Introduction

These Terms of Use ("Terms") provide important information about ordering goods or services ("Products") from DBSI, through any of DBSI's application-based services (the "Services"), so you should take the time to read and understand them. You may review, save or print any part of these Terms. We encourage you to print out a copy of this entire document and refer to it as you use the Services. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE ANY OF THE SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY DBSI. APPLICABLE LOCAL (NON-U.S.) LAW MAY ALTER OR AFFECT THE RIGHTS OF EITHER PARTY UNDER THESE TERMS.

DBSI may change, add or remove any part of these Terms at any time. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS, AND OF ANY SUCH CHANGES.

To use any of the Services, you must be at least 18 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law).

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Confidentiality

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

Using the Services

When you accept these Terms and Conditions and complete the registration process (if you have not already done so), you will be ready to use the Services. Remember, do not reveal your DBSI ID identifier or password to anyone else. Your DBSI ID account may be at risk if you let someone use this information inappropriately.

Availability of the Services

While DBSI will make all reasonable efforts to ensure that the Services are available at all times, DBSI does not guarantee, represent or warrant that your access to any of the Services will be uninterrupted or error-free. In addition, while DBSI makes reasonable efforts to ensure that all Content and/or information submitted by you to DBSI will be secure, DBSI does not guarantee that the Services will be free from loss, corruption, attack, viruses, "worms", "trojan horses" or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content is available to you in the event of any loss or damage.

DBSI may change, suspend or discontinue any of the Services at any time. DBSI may also impose limits on the use of or access to certain features or portions of the Services, in any case without notice or liability.

Acceptable Use Guidelines

There are rules and standards that you must abide by in connection with your use of the Services. As a user of any of the Services, you agree to comply with the guidelines set forth in these Terms, and you acknowledge that DBSI has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your account or identifying information, violate these Terms, DBSI may take any and all actions -- from the issuance of a warning to terminating your right to use the Services to cancellation of your order for any Products and involvement of the appropriate authorities that DBSI deems necessary or appropriate. DBSI may not be required to provide notice prior to terminating your right to use the Services for violating these Terms, but it may choose to do so (subject to applicable local U.S. and non-U.S. law).

DBSI reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas, in connection with the Services and/or any information or Content submitted by you to DBSI in connection with your use of the Services and/or any order you may place for any Products through the Services. If DBSI decides to investigate or resolve possible misuse involving you or any information or any Content you submit to DBSI with respect to your use of the Services, DBSI may (subject to applicable local U.S. or non-U.S. law) disclose any information about you and any such information, including the content, to law enforcement or other government officials, as DBSI, in its sole discretion, believes to be necessary or appropriate.

BY USING THE SERVICES, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LOCAL U.S. AND NON-U.S. LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST DBSI, AND TO HOLD DBSI HARMLESS AND INDEMNIFY DBSI WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY DBSI AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE DBSI OR RECOVER ANY DAMAGES WHATSOEVER FROM DBSI AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DBSI'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY PRODUCTS ORDERED BY YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY DBSI) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND WILL VARY BASED ON THE PRODUCT OR SERVICE YOUR ORDER.

IN NO CASE SHALL DBSI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, DBSI'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LOCAL LAW.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash or Personal Check with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $1,000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned checks will incur a $35 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

Cancellation Policy

Minimum 24 hour notice of cancellation required. Notification for instance, in person, via email, and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $50 charge to cover any subsequent administrative expenses.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company's website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party's websites which are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Notices

DBSI may send you notices with respect to the Services by sending an e-mail message to the email address listed in your DBSI ID contact information or by sending a letter via postal mail to the contact address listed in your DBSI ID contact information.

Legal Principles

You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you, as a user of the Services, and DBSI.

The laws of the United States govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. DBSI's failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these Terms. Except as required by applicable non-U.S. local or national law, the laws of the State of Arizona, excluding its conflicts of law rules, govern these Terms and your use of the Services. Your use of the Services may also be subject to other local, state, national (U.S. and non-U.S.), and international laws. Subject to the foregoing, you expressly agree that exclusive jurisdiction for any claim or dispute with DBSI regarding or relating in any way to your use of the Services resides in the courts of the State of Arizona.

For Non-U.S. Users of the Services

Orders for products may be accepted and/or processed by DBSI Inc., an Arizona corporation, or any of its subsidiaries or affiliates. The Services are provided by DBSI Inc., an Arizona corporation, and not by any of its subsidiaries or affiliates, and are based in the United States. The personal information which you give to DBSI when registering for the services or placing any order for products will be used in connection with your use of the Services or fulfilling your order, and will be transferred to and maintained in DBSI's records in the United States. If you do not consent to this transfer, do not accept these Terms for use of the Services.

Special Provisions for Particular Services

DBSI does not guarantee or warrant that any photos, digital images or text (collectively, "Content") you send to DBSI for the purpose of ordering photos or custom photo albums (or other Products) through the Services will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, all Content; DBSI will not be responsible for any archiving or back-up of any Content. If any Content which is transmitted to DBSI is damaged, lost or corrupted in any way, DBSI will have no obligation or liability to you. You are solely responsible for your use of the Services, including all Content you generate or forward to DBSI. DBSI is not and will not be responsible for what is in any such Content.

Although DBSI encourages you to use the Services to express your creativity, DBSI reserves the right to refuse to process any order submitted by you containing Content that DBSI, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material DBSI believes may cause any liability for it under any applicable law or regulation, or which may cause DBSI to lose the services of any supplier may provide part as of the Services or in connection with fulfilling any order for Products. In particular, DBSI reserves the right to refuse to process orders containing Content which, in DBSI's sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).

You hereby grant DBSI a worldwide, royalty-free, non-exclusive license to use the Content for the limited purpose of processing your order for Products through the Services. Said license will terminate upon fulfillment of your order.

Revised 6/21/12