By using this MarathonFoto website, you agree to these conditions. Please read them carefully.
When you use any MarathonFoto website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other MarathonFoto sites (MarathonFoto.com). You agree that, all agreements, notices, disclosures and other communications that MarathonFoto provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any MarathonFoto website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of MarathonFoto or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any MarathonFoto is the exclusive property of MarathonFoto and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, and scripts included in or made available through any MarathonFoto website are the trade dress of MarathonFoto in the U.S. and other countries. MarathonFoto’s service marks are denoted by the ™ symbol (or by the ® if federally registered). MarathonFoto's trademarks and trade dress may not be used in connection with any product or service that is not the property of MarathonFoto, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MarathonFoto. All other trademarks not owned by MarathonFoto that appear in any MarathonFoto website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarathonFoto.
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, MarathonFoto or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MarathonFoto websites. This license does not include any resale or commercial use of any MarathonFoto product, or its website contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MarathonFoto product or its website contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MarathonFoto or its licensors, suppliers, publishers, rightsholders, or other content providers. No MarathonFoto product, nor any part of any MarathonFoto website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MarathonFoto. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MarathonFoto without express written consent. You may not use any meta tags or any other "hidden text" utilizing MarathonFoto's name or trademarks without the express written consent of MarathonFoto. You may not misuse the MarathonFoto websites. You may use the MarathonFoto websites only as permitted by law. The licenses granted by MarathonFoto terminate if you do not comply with these Conditions of Use or any Service Terms.
Visitors may send e-mail and other communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, indecent, threatening, abusive, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MARATHONFOTO reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MarathonFoto for all claims resulting from content you supply. MarathonFoto has the right but not the obligation to monitor and edit or remove any activity or content. MarathonFoto takes no responsibility and assumes no liability for any content posted by you or any third party.
All purchases from MarathonFoto 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 the carrier.
MarathonFoto does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, MarathonFoto does not take title to the refunded item. For more information about our returns and refunds, please see our Refund Policy below.
Our goal is 100% satisfaction. If you are unhappy with your printed pictures, please contact our Customer Service Department and we will be happy to work with you toward a resolution. If you simply want a refund, return your photos and/or products with a note stating that you do not want them and we will be glad to give you a full refund for the original purchase price. Please note that our digital products are non-refundable. Digital products include CDs and our digital download options.
MarathonFoto attempts to be as accurate as possible. However, MarathonFoto does not warrant that product descriptions or other content of any MarathonFoto website is accurate, complete, reliable, current, or error-free. If a product offered by MarathonFoto itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the price displayed for products on any MarathonFoto website represents the full retail price listed on the product itself, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere.
THE MARATHONFOTO WEBSITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARATHONFOTO WEBSITES ARE PROVIDED BY MARATHONFOTO ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE SPECIFIED IN WRITING, MARATHONFOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARATHONFOTO WEBSITES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARATHONFOTO WEBSITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARATHONFOTO WEBSITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARATHONFOTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARATHONFOTO DOES NOT WARRANT THAT THE MARATHONFOTO WEBSITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MARATHONFOTO WEBSITES, MARATHONFOTO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MARATHONFOTO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARATHONFOTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MARATHONFOTO WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MARATHONFOTO WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any MarathonFoto website, or to any products or services sold or distributed by MarathonFoto or through any MarathonFoto website will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Any dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration MarathonFoto and you each waive any right to a jury trial. Notwithstanding the foregoing MarathonFoto or you may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any MarathonFoto website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Missouri, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MarathonFoto.
MarathonFoto Digital Solutions, Inc., 110 N Iowa Ave STE 104, Washington, IA 52353