TERMS OF SERVICE
At BOATPIX, we take great care to capture high quality, vibrant and exciting pictures to sell at reasonable prices. Selling pictures by mail can create unusual problems. We require your agreement to these fair and reasonable policies before sending you pictures.
1. Delivery: We will send the pictures out via United Parcel Service (UPS) to the address you provide and our agreement will consider the pictures received when the United Parcel Service agent delivers these to your address and logs the delivery as such on his/her electronic recording device. As the United Parcel Service agent will not require personal identification upon delivery we agree that the person that receives the package is acting on your behalf when the package is logged as delivered to the address you provided.
2. Returns: If you choose not to buy pictures and exercise your right to return pictures in the allotted ten day time period (ten days from your receipt as listed by United Parcel Service), you agree to return the pictures by a traceable carrier and will demonstrate delivery to our address if asked. If you cannot demonstrate delivery to our address you agree to pay for the full package immediately. All photographs are custom photography.
3. Shortages: We accurately count the pictures that we send you and accurately count those that you return. Our count of photographs is the one that matters and is final. If you return a package to us and pictures are missing we will assume that you kept them and wish for us to bill you. You agree to pay for all kept pictures immediately.
4. Collections: We agree that you will return those pictures you do not wish to buy within ten days and you will pay immediately for pictures you keep more than ten days. Failure on your part to comply with the terms and conditions of this contract shall constitute a breach of this contract entitling us to pursue any legal or equitable remedies, including the collection of reasonable attorney's fees and court costs including appellate fees incurred in any and all legal proceedings to enforce the provisions herein, a result of the breach.
5. Copyright: You are buying an individual photograph of our image and not the images unless there is a specific transaction for the digital image files (which would be paid by non-refundable credit card and then sent electronically). All images remain the property of BOATPIX which has exclusive rights to the images. No pictures can be copied for any reason. No uses in magazines, T-shirts, brochures, paintings, sketches, art photography, postcards, business cards, web sites, computer screen savers, brokerage ads, mugs, making your own photographs or any other uses or replicas. You can arrange with us to buy prints or the digital files.
6. No-SPAM Policy: BOATPIX DOES NOT condone SPAM email. As a BOATPIX customer, you may occasionally receive an unsolicited email message requesting information regarding upcoming boating events in your area. This information is used to help us select events that are of particular interest to our valued customers. BOATPIX customers have the option of removing their email address from future mailings. BOATPIX honors all removal requests.
7. Privacy: BOATPIX respects your privacy. BOATPIX does not disclose customer information to third parties. Customer information is used only for order fulfillment and an occasional email message as described in Section 6.
8. Participant Mailing Lists: BOATPIX will not disclose nor share any event participant list with any 3rd party. List data is used only by BOATPIX for direct marketing of BOATPIX photo products to event participants.
9. A flat fee of $25 will be charged to cover our cost of shipping and handling your photos to procure a stout tube and ship pictures to your address via United Parcel Service with an adult signature required.
The parties agree that the sole and exclusive venue for the resolution of any and all disputes arising of this Contract or for copyright infringement shall lie in a Court of competent jurisdiction situated only in Broward County, Florida. The parties further agree that service of process will be deemed valid if it is affected in accordance with the Florida Rules of Civil Procedure and applicable Florida State Law.