C&A Marketing, Inc. and its subsidiaries and affiliates (collectively, the “Company”) appreciate your interest in visiting our PRINTOMATIC website (“Site”). The following terms and conditions set forth the basic rules that govern your use of our Site and our subscription services should you decide to sign up for a newsletter (collectively, the “Services”).

Your use of this Site indicates that you have read, accepted and agreed to these Terms of Use (“Terms”) and any other applicable document referred to herein. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

Each time you use this Site, the current version of these Terms will apply. The Company may change, edit, delete or revise portions of this Site at any time without notice. Accordingly, when you use this Site, you should check the date of these Terms and review any changes since the last version.

These Terms give you specific legal rights, but you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions may not apply to you.

1    Ownership and Intellectual Property

1. The text, images, graphics, video and/or audio files and their arrangement on this Site are the property of the Company and its licensors and are subject to trademark, copyright and other types of protection. Such content may not be copied for commercial use or distribution, nor may the content be modified or posted on other sites. You must obtain a license from the Company for these types of activities. Please refer to our Intellectual Property Guidelines for more information.
2. Access to and use of this Site are intended by the Company solely for your personal information, education and communication to the Company at the addresses indicated on the Site. Hence, the Company grants you a non-exclusive, non-sub-licensable and non-transferable license to use its content solely for non-commercial use and for no other purpose. The Company (or such third party that may own the displayed trademark) retains all rights, title and interests in the content and all other features of this Site.
3. The Services may contain images of and links to other websites and online resources and you understand that by using the same and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate, or otherwise inappropriate. You understand and agree that the Company is not responsible or liable for said content, or the availability or accuracy of such websites or resources. Links to such content, websites or resources do not imply any endorsement by the Company. Hence, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
4. The Company has no obligation to update, amend or clarify information on this Site. The information contained herein had been abbreviated and may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete. Any news releases contained on this Site are dated to indicate the last time such information was modified by the Company. No other specified date or refresh date applied in this Site should be taken to indicate that information contained in archived press releases was updated past its initial publication date. The Company undertakes no obligation to update, amend or clarify previously published press releases.

 

2 Visitor Activities

1. Unless specifically requested by the Company in writing, please do not send the Company any creative or original concepts, ideas, materials or products, or confidential or proprietary information. You acknowledge and agree that all information submitted to the Company through this Site or any other channel shall constitute an assignment to the Company of all worldwide rights, titles and interest in all intellectual properties in the submission and shall not be limited in any way in its use, commercial or otherwise, of the same. The Company is and shall be under no obligation to maintain the confidence of such submissions, to pay any compensation therefor, or to respond to you.
2. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. Hence, you represent and warrant that you have all rights necessary to do so, and in the manner in which you choose to do it. The Company reserves the right to remove any content that involve or affect the Company’s intellectual property rights and reputation at any time. The Company’s Intellectual Property Guidelines are referenced herein and made an integral part of these Terms.
3. You do not have the right to:

1. Access information, services or other products that are not intended for your use;
2. Use this Site or any of the Company’s other communication tools to violate any law, regulation, court order or contract by which you are bound for any purpose that is tortious, abusive, intrusive of another person’s privacy, libelous, defamatory, embarrassing, obscene, immoral, threatening, racist, hateful or that constitutes harassment
3. Probe, scan or test the vulnerability of any system or network related in any way to this Site;
4. Breach any security or authentication measures;
5. Transmit data that contains viruses, worms, spyware, adware or any other code that adversely affects the operation of this Site or otherwise interferes with service to any host, network, or other user;
6. Violate or attempt to violate the security of this Site;
7. Breach any other obligations in these Terms or any other document applicable to you;
8. Remove, obscure or alter any proprietary rights shown on or along with the Services; or
9. Attempt to do any of the preceding.

3 Product and Pricing Information

1. Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented and that you always read labels, warnings, and directions before using a product.
2. Products bearing the Company’s trademarks are sold in the United States and worldwide through retailers, distributors and licensees. Availability of any products displayed or described in this Site is subject to the supply thereof. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.
3. Our internet operations are established to sell products to end-consumers only. We do not sell products on our online platforms to customers who intend to re-sell or export the products, and any such resale is strictly prohibited. You must contact us for a special commercial arrangement involving such activities.
4. Please be sure to dispose of the camera device and battery at a properly designated recycling center in your jurisdiction. C&A Marketing UK Ltd is a registered producer of battery and accumulator products (Registration No. BPRN06318) and of electrical and electronic products (Registration No. WEE/JK4235XX) in the U.K. For more information on proper disposal, please contact our support team.

4 Limitation of Liability

 

1. THIS SITE AND THE CONTENT PROVIDED ON THIS SITE ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AS TO ITS USE, AVAILABILITY, ACCURACY OR PERFORMANCE. AS A VISITOR, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE AND ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE AND THE COMPANY MAKES NO REPRESENTATION THAT THE CONTENT IS COMPATIBLE WITH YOUR COMPUTER. THE COMPANY OR ITS AFFILIATES OR SUPPLIERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.            
2. Product warranties accompany each product purchased. Unless otherwise stated, the following generally constitutes the Company’s product warranty.

LIMITED WARRANTY

TO ORIGINAL CONSUMER

 

This KODAK PRINTOMATIC Instant Print Camera (“Product”), including any accessories included in the original packaging, as supplied and distributed new by an authorized retailer is warranted by C&A Marketing, Inc. (the “Company”) to the original consumer purchaser only, against certain defects in material and workmanship (“Warranty”) as follows:

To obtain Warranty Service and Troubleshooting contact information: Visit our website at kodakphotoplus.com

To receive Warranty service, the original consumer purchaser must contact the Company or its authorized service provider for problem determination and service procedures. Proof of purchase in the form of a bill of sale or receipted invoice, evidencing that the Product is within the applicable Warranty period(s), MUST be presented to the Company or its authorized service provider in order to obtain the requested service.

Service options, parts availability, and response times may vary and may change at any time. In accordance with applicable law, the Company may require that you furnish additional documents and/or comply with registration requirements before receiving warranty service. Please contact our customer service at (USA): kodak@camarketing.com, 844-516-1539 (or international: kodakintl@camarketing.com, +1-844-516-1540) for details on obtaining warranty service.

Shipping expenses to the Company’s Return Facility are not covered by this warranty, and must be paid by the consumer. The consumer likewise bears all risk of loss or further damage to the Product until delivery to said facility.

Exclusions and Limitations

The Company warrants the Product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, the Company, at its sole option and to the extent permitted by law, will either (1) repair the Product defect at no charge, using new or refurbished replacement parts, (2) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original device, or (3) refund the purchase price of the Product.

A replacement Product or part thereof shall enjoy the warranty of the original Product for the remainder of the Warranty Period, or ninety (90) days from the date of replacement or repair, whichever provides you longer protection. When a Product or part is exchanged, any replacement item becomes your property, while the replaced item becomes the Company’s property. Refunds can only be given if the original Product is returned.

This Warranty does not apply to:

1. Any non-Instant Print Camera product, hardware or software, even if packaged or sold with the Product;
2. Damage caused by use with non-KODAK PRINTOMATIC products;
3. Damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes;
4. Damage caused by operating the Product outside the permitted or intended uses described by the Company;
5. Damage caused by third party services;
6. A Product or part that has been modified to alter functionality or capability without the written permission of the Company;
7. Consumable parts, such as the KODAK ZINK Photo Paper, batteries, fuses and bulbs;
8. Cosmetic damage; or
9. If any KODAK PRINTOMATIC serial number has been removed or defaced.

 

This Warranty is valid only in the country where the consumer purchased the Product, and only applies to Products purchased and serviced in that country. This Warranty does not cover images “burnt” into the screen.

The Company does not warrant that the operation of the Product will be uninterrupted or error-free. The Company is not responsible for damage arising from your failure to follow instructions relating to its use.

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE PRODUCT “AS-IS” AND “AS-AVAILABLE” FOR YOUR CONVENIENCE AND THE COMPANY AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT, OR THAT THE COMPANY WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE PRODUCT FOR ANY PARTICULAR LENGTH OF TIME. THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES AFTER THE EXPRESS WARRANTY PERIOD STATED ABOVE.

YOU USE THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND THE COMPANY DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH ITS AUTHORIZED SERVICE PROVIDERS SHALL CREATE ANY WARRANTY.

IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE EXCEED THE FEES ACTUALLY PAID BY YOU TO THE COMPANY OR ANY OF ITS AUTHORIZED RESELLERS FOR THE PRODUCT AT ISSUE IN THE LAST YEAR FROM YOUR PURCHASE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS AND SUPPLIERS. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, MANUFACTURERS AND SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, SAVINGS, DATA OR RECORDS) CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT.

Nothing in these terms shall attempt to exclude liability that cannot be excluded under applicable law. Some countries, states or provinces do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on warranties, so certain limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state or province to province. Contact your authorized retailer to determine if another warranty applies.

KODAK does NOT manufacture this Product or provide any Warranty or support.

In case of conflict between the terms stated under this subsection and those under the warranty that accompany the product that you purchased, the latter shall prevail.

c. NO COMPANY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS SITE, THE CONTENT APPEARING THEREON, OR THE PRODUCTS SOLD BY THE COMPANY. THE COMPANY MAY REVISE OR DELETE THIS SITE OR ITS CONTENT, IN WHOLE OR IN PART, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

5 Indemnification

YOU AGREE TO HOLD THE COMPANY FREE AND HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, INCURRED BY THE COMPANY AND ITS AFFILIATES AND SUPPLIERS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.

6 Privacy Statement

The Company is committed to protecting your privacy when you visit this Site. For information on how information is collected, used, or disclosed by the Company in connection with your use of this Site, please refer to our Privacy Policy which is incorporated into these Terms by reference and made an integral part hereof.

7 Fees and Payment

Access to the Site and Services are offered to you for free by the Company. Hence, THE LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY.

General

1. These Terms will remain in full force and effect so long as you continue to access or use the Site and Services, or until terminated in accordance with the provisions of these Terms. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, or make changes to these Terms, with or without notice. Your continued use of the Site and Services shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms.
2. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site and Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the Middlesex County of New Jersey for the purpose of litigating all such claims or disputes. When you visit this Site 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. You agree that all terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. These Terms constitute the entire agreement between you and the Company regarding the use of the Site and Services. Any failure by the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Waivers are effective only if in writing and signed by a duly authorized officer of the Company. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
4. The obligations in these Terms will survive any expiration or termination thereof.
5. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms may be assigned by the Company without restriction. These Terms are binding upon any permitted assignee.

 

Date last updated: August 30, 2017