MyPublisher Terms of Service
Welcome to MyPublisher! We hope you enjoy your visit and find that using our PhotoBook service is easy and fun.
Before you begin setting up your account with MyPublisher (herein referred to as "we," "us," or "MyPublisher"), please read the following Terms of Service ("Terms") carefully. If you ("you") agree to these Terms and desire to use the MyPublisher service ("Service"), please click the check box next to "I accept the MyPublisher terms & conditions" and click the "REGISTER NOW" button. Following this process will represent a binding agreement between you and MyPublisher. Note that any breach of these terms may result in termination of our Service to you.
MyPublisher reserves the right to change these Terms from time to time. For updated Terms, please refer to this site occasionally for any changes.
- Your Submissions
Under these Terms, you may NOT place any of the following material or obtain any such material using the Service:
- · Any threatening, obscene, pornographic or profane material or other material that may give rise to a possible civil or criminal liability under applicable law. MyPublisher advocates that you use an "adult-content" warning label when sharing pictures that include legal adult content;
- · Any material that could infringe on the rights of publicity, privacy or copyrights without the approval and consent of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material;
- · Any material sent from a fake or unknown address.
While MyPublisher does not and cannot review all submissions, and is not responsible for their content, MyPublisher reserves the right to move or delete submissions that it, in its sole discretion, deems offensive, defamatory, libelous, obscene or in violation of trademark or copyright laws or otherwise unacceptable.
You acknowledge and agree that any submission may be published, copied, customized, removed, transmitted and shown by MyPublisher for the purposes of delivering the Services. In addition, you warrant that all moral rights in any uploaded images and materials have been waived.
The electronic or physical sharing of your images and materials constitutes permission for reprinting by the recipient.
MyPublisher will not be liable or legally responsible for the content of any submission.
- Legal Age Requirements
You must be at least 13 (thirteen) years of age to use our Service. If you or your parent or guardian has any concerns, please Contact Us.
- About Your Account
a. Access to Customer Account
Your account with MyPublisher is available for your personal use.
We need to be able to access your account, and you hereby grant permission for us to access your account for the following reasons:
- · To keep up our Service to you and develop and expand new and useful services and features;
- · To follow a court order, complaint, subpoena or a legal request or inquiry from a governmental authority.
b. Account Charge
There is no charge to open a MyPublisher account at this time.
- Canceling the Service
MyPublisher retains the right to cancel the Service, remove images in accounts or to discontinue accounts that have been idle for more than 90 days. We may do so at our sole discretion.
- Our Guarantee
MyPublisher is committed to customer satisfaction and stands behind the quality of every product we ship with a 100% Guarantee against any actual defects in manufacturing or workmanship. However, we cannot accept responsibility for customer-created errors beyond our control, such as mistakes in typing, grammar, design, image resolution, image quality or errors in user-selected options like product type, size, and printing and paper options.
Please preview your project carefully and fix any errors prior to ordering.
- Our Returns policy
If you are unhappy with the quality of your merchandise, please contact us within 14 days to discuss your concern with one of our friendly customer service representatives. MyPublisher will provide a refund or a replacement of merchandise, due to a manufacturing defect that was caused by MyPublisher. Because these are custom products created by you, MyPublisher is not able to provide refunds or replacement of merchandise with user-generated defects such as typos, misspellings, design or layout errors, poor image quality, low image resolution, mistakes in selecting product size, product type, paper selection, or printing options or failure to remember or use coupons.
Customer initiated product damage:
MyPublisher also does not provide refunds or replacement for damage to products caused by normal wear-and-tear, unusual handling, or usage, or treatment.
Print color variations:
Please be aware that although MyPublisher uses sophisticated digital presses and color calibration techniques, slight color variations may occur book-to-book or from the colors of your computer screen. These slight color variations are normal and will not be refunded.
To get a refund or a replacement of merchandise, we may ask you to document the problem by taking a picture of the defect and/or returning the defective merchandise for inspection before processing the refund or replacement.
- Combining Orders
We’re sorry, MyPublisher is not able to combine multiple book, calendar or card orders into one shopping cart and to ship different custom products together to you at the same time.
The primary reason is technological, especially regarding the size of each book order and how it is uploaded over the internet to MyPublisher.
The average book order has over 100 high resolution photographs and is over 75 megabytes in size. A book with over 50 pages is probably 120 megabytes or more. This is an extremely large file and with most DSL and Cable connections, upload speeds average only 400 kbps. Therefore uploading the average book file to MyPublisher for publication takes approximately 25 minutes. A book with over 50 pages could take over an hour. Now imagine you put three or four books of this size into the shopping cart and attempt to upload them all at one time. The upload would be 300 to 400 megabytes in size and could take 4 or 5 hours to complete! Uploads lasting more than an hour often error-out or lose connectivity. An upload of this size is simply not consistently successful with the current bandwidth provided by the leading cable and wireless internet providers. It would be like trying to put 20 people into a car with only 5 seats! So until consumer bandwidth as offered by the leading providers increases, it is not possible to consistently and successfully upload multiple book files in one session.
The second reason has to do with the special nature of our products.
First, none of MyPublisher’s products are sitting on a shelf in a warehouse waiting to be packed together to ship to a customer.
Each MyPublisher order is unique. Each order is custom-made, on-demand, and each order is different—with different content on each page, different trim-sizes and shapes, different bindings and coverings, different page count, and often different packaging. What this means, in reality, is that different MyPublisher products are often manufactured at different times, on different days, on different production lines, and often in different locations. So combining these products together to be shipped as one order, is not possible without substantially increasing the length of time it requires to produce and ship the whole order together.
In survey after survey, we have asked our customers what they want most from MyPublisher. And the answer is always the same. The number one thing most of our customers want is the fastest possible order turn-around and delivery.
Because combining orders would significantly increase the production time for each order, and increase the difficulty of producing the orders accurately and matching them together, we do not offer this as an option.
- Third-Party Software
We may make software from third-party companies available to you. To download such software, you must agree to the respective software licenses and/or warranties. Each software product is subject to the conditions and terms of the individual company and the agreement is and will be between you and the respective company.
By downloading third-party software, you understand that we do not guarantee the software will be free of any contaminating or destructive code, such as worms, viruses or Trojan horses. We do not offer any warranty on any third-party software you download using our Service.
- Third-Party Links
MyPublisher may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of these sites. It is your responsibility and in your best interest to become familiar with each site's privacy and other policies and terms and conditions of service. If you have any questions or concerns regarding these third-party sites, please contact that site's web master or site administrator.
- Copyrighted Software and Material
All software, materials, information and content offered by MyPublisher are protected by copyright and other applicable laws. You may not distribute or copy such material without the written permission of the copyright owner. You may use these materials so long as you do not change the materials or remove any copyright or other proprietary rights notices included in the materials.
- Promotional Offer Terms & Conditions
Each MyPublisher promotional offer is subject to the offer details stated in the terms and conditions of each offer.
- U.S. Government Restricted Rights
All materials, software, information and other products supplied by or through our Service are provided with "RESTRICTED RIGHTS" use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
As a MyPublisher customer, you agree to defend, indemnify and hold harmless MyPublisher, our officers, directors, employees, licensors, agents, suppliers and any third-party information providers to the Service from and against all damages, losses, expenses and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity or event related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Any and all action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties hereby agree that any claims made hereunder shall be subject to the state and federal laws of the state of New York and hereby consent to jurisdiction and venue in the courts of New York City, New York.
You are responsible for compliance with all city, state and local laws, and you are required to comply with U.S. export laws and regulations when you use or export any materials, software or images provided through the Service.
- Disclaimer of Warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH MYPUBLISHER'S SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYPUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYPUBLISHER MAKES NO WARRANTY THAT ITS SITE, ACCESS TO ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR FREE, OR SECURE, OR THAT THE MYPUBLISHER SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYPUBLISHER MAKES NO WARRANTY REGARDING ANY SOFTWARE, MATERIALS, IMAGE QUALITY, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, ACCESSED, PURCHASED OR OBTAINED THROUGH MYPUBLISHER'S SITE OR ADVERTISED THROUGH MYPUBLISHER'S SITE OR ANY OTHER SITE.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MYPUBLISHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MYPUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE MYPUBLISHER'S SITE, MATERIAL, IMAGES OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MyPublisher at any time may assign our responsibilities and rights hereunder without notice to you.
All items, materials or Services purchased through MyPublisher are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
When you place an order, MyPublisher charges your credit card and bills you accordingly. MyPublisher reserves the right to ship and deliver partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid and/or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and MyPublisher with respect to this Service and supersede all other communications, written or oral, with regard to the Service.