PhotosToGo by FotoFusion Memories Sales Agreement and Limited License

Updated as of February 26, 2023

LIMITED LICENSE AND RESTRICTIONS: In consideration of the purchase price paid by the customer (“Customer”) to BPH Entertainment dba FotoFusionFun (“FotoFusion”), FotoFusion hereby grants Customer the following:

As to the PhotosToGo by FotoFusion Memories photos and FotoFusionFun digital files purchased by or otherwise made available to Customer for authorized download using our website, approved partner websites, applicable mobile app, and other digital content (if any) contained on the enclosed media in any available product (e.g. DVD-R disc, USB flash drive or other similar media), as applicable (“Digital Media Files”): a worldwide, perpetual, royalty free, limited license solely for personal, non-commercial use to (i) create or have created by a third party, photographic prints and photographic products wherein an image is incorporated into a product (e.g. mug, calendar, photo book, mouse pad, t-shirt, magnet, ornament, cards, tote bag, etc.) (“Photo Products”), (ii) post the Digital Media Files on Customer’s personal social media accounts, (iii) display the Digital Media Files on Customer’s personal computer, mobile device, or television and (iv) otherwise use the Digital Media Files for other similar personal, non-public, non-commercial purposes.

Customer agrees that he/she will not (and will not permit another person or entity to) sell, transfer, or use in any commercial manner (i.e. for the purpose of receiving or facilitating the receipt of financial remuneration or any other consideration), the Digital Media Files and/or Photo Products. Customer acknowledges and agrees that he/she receives no rights or ownership interest of any type in or with respect to any intellectual property owned by FotoFusion and its affiliates, or any third party, displayed in or as part of any Digital Media Files or Photo Products and that all such rights remain the property of their respective owners.

LIMITED WARRANTY: FotoFusion warrants to Customer that the products sold will be free from defects in workmanship and materials under normal use, for thirty days from the original purchase date. This warranty is not transferable from the original Customer to any other person. This warranty excludes damages caused by mishandling, misuse, neglect or any other cause beyond the range of the intended use and damage caused by accident, fire, or acts of God.
 

EXCLUSIVE REMEDY: Should a covered defect occur during the warranty period and Customer notifies FotoFusion, Customer’s sole and exclusive remedy shall be to receive a refund of the purchase price of the purchased product.

 WARRANTIES EXCLUSIVE: THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

 LIMITATION OF LIABILITY: NEITHER FOTOFUSION NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE DIGITAL MEDIA FILES, OR OTHER PHOTO IMAGE FILES AND OTHER DIGITAL CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF FOTOFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOTOFUSION’S ENTIRE LIABILITY SHALL BE LIMITED TO THE REFUND OF THE PURCHASE PRICE PAID.

NEITHER FOTOFUSION NOR ANY OF ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR THE PHOTO PRODUCTS OR ANY THIRD-PARTY PRODUCTS, SERVICES, SITE/PLATFORM OR ACTIONS.

GOVERNING LAW: This License shall be governed by the laws of the State of Florida.