Terms and Conditions
Winkflash is Under New Ownership Effective 10/28/2014
Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the digital photography services provided to you by Winkflash's online photography service, provided through www.Winkflash.com or co-branded retailer sites (collectively, the "Service").
By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms.
This Service is operated by Winkflash ("Winkflash"), a company under the laws of the State of Delaware
Winkflash is also referred to in these Terms as "we" and "us".
- Purpose of the Service
Winkflash offers digital photography services that provide the ability to view, share, and store and print digital images through a range of electronic devices including personal computers and hand-held devices. All content submitted by or otherwise made available on or through the Site by the Users of the Service, including but not limited to, all photographs, images, artwork, text, logos, icons, written material and other downloadable content or material shall be referred to herein as “Content”.
- Backup your data
YOU SHOULD ALWAYS KEEP BACK-UP COPIES OF YOUR SUBMITTED CONTENT ON YOUR OWN HARD DRIVE OR OTHER PERSONAL SYSTEM AND YOUR USE OF THE SERVICE CONSTITUTES YOUR UNDERSTANDING, ACKNOWLEDGMENT AND AGREEMENT (I) THAT YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT AND (II) THAT YOU WILL MAINTAIN A BACKUP COPY OF ALL CONTENT STORED ON THE SERVICE SUCH THAT IN THE EVENT OF A CATASTROPHIC DATA LOSS ON THE SERVICE OR THE REMOVAL OR DISCARDING OF SUCH CONTENT BY WINKFLASH, YOUR IMAGES WILL BE ALSO BE AVAILABLE ON YOUR LOCAL COMPUTER OR ARCHIVED MEDIA.
For Standard Delivery please allow 3-7 business days after your order has processed*
For 2 Day Service you will receive your order in 2 business days after your order has processed*
For Next Day Service you will receive your order in 1 business day after your order has processed*
Orders with multiple products may ship in separate packages.
*Shipping times do not include processing time, usually 24-48 hours in our lab or weekends & holidays
Winkflash uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Winkflash Every reasonable step will be taken by Winkflash to minimize such disruption where it is within the reasonable control of Winkflash You agree that Winkflash shall not be liable to you for any modification, suspension or discontinuance of the Service.
All brand, product and service names used in this Service which identify Winkflash, or third parties and their products and services are proprietary marks of Winkflash, 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 Winkflash or any third party with respect to any such image, logo or name.
Winkflash 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) other than in accordance with the limited use license set out in our copyright notice.
- Reporting Violations of Your Copyrights
If you believe the copyright in your work has been violated through this Service, please contact Winkflash at service@Winkflash.com. You must provide the following information, which Winkflash may then forward to the alleged infringer:
(a) identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
(b) provide your address, telephone number, and email address;
(c) provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
(e) provide your physical or electronic signature. Upon receiving your complaint, Winkflash may remove content that you believe infringes your copyright. In addition, Winkflash may terminate the account of the member who appears to be infringing your intellectual property rights.
- External Links
From time to time Winkflash may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. Winkflash does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Winkflash is not liable for any loss or damage that you may suffer by using other websites.
- Amendment of the Terms
We reserve the right to amend these Terms from time to time. If you have registered as a member, we shall notify you of any material changes to these Terms by email sent to the address you have provided to Winkflash for your account. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
- Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Delaware.
These Terms constitute the entire agreement between Winkflash and you with respect to your use of the Service. Winkflash's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or a provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
If you have any comments or questions about the Service please contact us by email at firstname.lastname@example.org
To purchase from or register as a member of the Service you must be 18 years or over.
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Winkflash immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.
- Formation of a Binding Contract
No contract will exist between you and Winkflash for the supply of any services or products unless and until Winkflash accepts your order by a confirmatory e-mail, or other appropriate means of communication.
- Pricing and Delivery
All prices are stated in US dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Shipping charges will be added to your order during the checkout process. Any dates specified for delivery of any products are intended to be an estimate only.
- Copyright in Your Images
Winkflash does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service and fulfilling any orders for you or those you have shared your images with, you grant to Winkflash a non-exclusive, royalty-free license to use, copy, distribute, and display those images. Please note that when you share images, you allow the recipients to share and make photographic prints from those images.
You are responsible for all of the images you upload, share or copy using the Service. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service.You agree not to use the Service:
- for any unlawful purposes;
- to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Winkflash, Inc;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- to upload, post, email or otherwise transmit any material which is likely to cause harm to Winkflash or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
- to make images hosted by Winkflash available for viewing by the general public through a publicly posted link to the image or otherwise;
- for any commercial purpose.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
- provide any information to Winkflash that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
- Monitoring of Content
Winkflash does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
- Suspension and Termination of Access, Membership and Deletion of Images
Winkflash will make all reasonable attempts to upload all active registered members who have placed orders since November 13, 2013 and their images that they have uploaded since May 1, 2013.
You agree that Winkflash may at any time without notice:
- refuse to accept your application to become a member of Winkflash;
- move or suspend any part of the Service; or
- refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account.
- Disclaimer of Warranty and Limitation of Liability
THE SERVICE, WINKFLASH'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY WINKFLASH "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, WINKFLASH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
IN THE EVENT WINKFLASH REMOVES AND/OR DISCARDS ANY OF YOUR CONTENT FROM OUR SITES, STORAGE FACILITIES AND/OR APPS, WINKFLASH IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, SUCH REMOVAL OR DISCARDING OF CONTENT.
THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO WINKFLASH, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS PROVIDED BY OR THROUGH WINKFLASH IS TO OBTAIN A REFUND OF THE AMOUNT PAID FOR THE ORDER IN QUESTION, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF WINKFLASH ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WINKFLASH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, WINKFLASH'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF WINKFLASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Penny Print Sales, Offers and Promotions
Penny Prints and other Print promotions refer to 4x6 prints, glossy or matte finish, and no other print size unless otherwise stated. All Penny Print Offers, Sales, and Weekly sales are limited to a quantity of 2,500 4x6 prints, unless otherwise specified. Further discounts at this rate can be achieved by placing an additional order, limited to 2,500 prints. Original pricing will be applied on any quantity ordered after the 2,500 print limit on the same order.
Any material or software downloaded or otherwise obtained through the use of Service is used at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
We have taken every care in the preparation of the content of the Service. To the extent permitted by applicable law, we disclaim all express and implied warranties as to the accuracy of the information given in the Service and shall not be liable to any person for any loss or damage which may arise from its use.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, emailed or otherwise transmitted via the Service.
We may modify or discontinue, temporarily or permanently, any part of the Service, with or without notice to you, and you confirm that we shall not be liable to you or to any third party for any modification to, or discontinuance of, any part of the Service. WITHOUT LIMITATION TO THE FOREGOING, YOUR USE OF THE SERVICE CONSTITUTES YOUR UNDERSTANDING, ACKNOWLEDGMENT AND AGREEMENT THAT WINKFLASH MAY, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU, REMOVE AND DISCARD ANY OR ALL OF YOUR CONTENT DELIVERED TO AND/OR STORED OR MAINTAINED ON OUR SITES, STORAGE FACILITIES OR APPS OR OTHERWISE USED IN CONNECTION WITH THE SERVICE.
Any liability we may have to you shall be limited to the reprinting of the images and any charges paid (if any).
Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and conditions do not and shall not affect your statutory rights as a consumer.