Pro Pics Terms of Use

Overview

Welcome to Pro Pics (“Pro Pics,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our services, including but not limited to the photography services we offer at colleges and universities across the United States, access to our website, and any related products or services (collectively, the “Services”).

By placing an order, accessing our website, or using any part of the Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must discontinue use of the Services immediately.

Third-Party E-commerce Platform: Please note that while Pro Pics provides photography services, most orders are processed through a third-party photo finishing lab’s e-commerce platform. Payments, order fulfillment, and shipping services are managed by this third-party provider. Your use of the e-commerce platform may also be subject to the terms and policies of the lab’s service providers.

We are committed to delivering high-quality photographic products and seamless customer experience. These Terms outline your rights and responsibilities when using our Services, including important information about ordering, payments, delivery, refunds, and the limitations of liability associated with the use of our Services.

Please review these Terms carefully, as they affect your legal rights. We reserve the right to modify these Terms at any time. Any changes will become effective upon posting, and your continued use of the Services constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically for any updates or changes.

If you have any questions or need further clarification, please contact us using the information provided at the end of these Terms.

These Terms are governed by and interpreted in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings assigned to them:

“Pro Pics,” “we,” “us,” or “our” – Refers to Pro Pics, the company providing commencement and graduation photography services, along with any related products and services.

“Services” – Refers to all products, services, and operations provided by Pro Pics, including photography at commencement events, access to our website, digital downloads, physical photo products, and any other related offerings.

“Website” – Refers to our online platform, ProPicsGrads.com, and any other web domains we use to facilitate access to information about our services. This excludes the third-party e-commerce platform used for order processing.

“Third-Party E-commerce Platform” – Refers to the online platform managed by our photo finishing lab, where customers place orders, process payments, and arrange for the delivery of photo products.

“User,” “you,” or “your” – Refers to any individual accessing our website, placing an order for products, or using our Services in any capacity, including graduates, customers, and other visitors.

“Graduate” – Refers to an individual who has participated in a commencement or graduation event and whose photos are made available for viewing and ordering through our Services.

“Customer” – Refers to an individual who places an order for photographic products through the third-party e-commerce platform, including graduates, parents, guardians, or other individuals purchasing on behalf of a graduate.

“Order” – Refers to the purchase of physical or digital photographic products, including prints, plaques, and digital image downloads, placed through the third-party e-commerce platform.

“Photo Finishing Lab” – Refers to the third-party vendor responsible for printing and shipping physical photo products to customers and managing the e-commerce platform used for order processing.

“Shipping and Handling Fees (S&H)” – Refers to the charges applied to cover the cost of packaging, shipping, and delivering physical photo products to customers. These fees may vary based on the policies of the client university or the total value of the order.

“Late Fee” – Refers to an additional charge that may apply to orders placed beyond a specified period after the commencement ceremony, subject to the agreements with the client university.

“Digital Product” – Refers to any downloadable photographic content, such as digital image files, made available for purchase through the third-party e-commerce platform.

“Physical Product” – Refers to tangible photographic products, such as printed photographs or plaques, shipped to customers after purchase.

“Client University” – Refers to a college or university that partners with Pro Pics to offer photography services at its commencement ceremonies and may have negotiated terms regarding fees, delivery, or other service-related aspects.

“Facial Recognition Technology” – Refers to the third-party software used by Pro Pics to identify and match graduates with their photos by analyzing facial features, including photos submitted via the selfie-registration program.

“Selfie-Registration Program” – Refers to the service provided by Pro Pics that allows graduates to upload selfies, enabling the facial recognition technology to assist in locating other images taken at commencement ceremonies.

“Governing Law” – Refers to the laws of the State of Tennessee, which govern these Terms of Service, without regard to conflict of law principles.

Service Overview

Pro Pics (“Pro Pics,” “we,” “us,” or “our”) provides professional photography services for commencement and graduation ceremonies at colleges and universities across the United States. Our Services include capturing photographic images of graduates during commencement events, offering those images for viewing and purchase, and delivering both physical and digital photographic products.

Most orders for photographic products are processed through a third-party e-commerce platform operated by our photo finishing lab, which also handles payment processing, printing, and shipping.

Through our collaborations with Client Universities, we may provide additional services tailored to the institution’s needs, including customized pricing models for shipping and handling, alumni data sharing, late fees for orders placed after a certain order deadline, and other logistical arrangements.

Pro Pics does not directly process payments or manage the production and shipment of physical products. Instead, these responsibilities are managed by the photo finishing lab, which ensures prompt fulfillment according to the lab’s operational timelines and shipping arrangements.

Order Processing and Payments

Order Processing

Most orders for photographic products, including physical prints and digital downloads, are placed through a third-party e-commerce platform operated by our photo finishing lab (“Photo Lab”). Customers do not place orders directly on the Pro Pics website (ProPicsGrads.com). The Lab’s e-commerce platform manages the entire ordering workflow, including product selection, billing, and shipping.

Once an order is placed, the Lab initiates production of the photographic products. Pro Pics facilitates access to these services but is not directly responsible for the processing of orders, the operation of the e-commerce platform, or the handling of payments.

Accepted Payment Methods

The Lab’s e-commerce platform currently accepts major credit cards for order payment. Apple Pay, Google Pay, PayPal, and other payment services may also be available for added convenience.

Sales Tax

Sales tax is calculated based on the customer’s location at the time of purchase. The Lab’s platform manages the collection and remittance of all applicable state and local sales taxes, ensuring compliance with relevant tax laws and regulations.

Third-Party Payment Processing

Payments for most orders are processed securely by the Lab’s credit card processor. Pro Pics does not collect, store, or process any payment information directly. By placing an order, customers agree to comply with any terms and conditions set forth by the Lab and its payment processors regarding payment transactions.

Shipping & Handling and Other Fees

Shipping and Handling Fees

Shipping and handling (“S&H”) fees are applied to orders as determined by the agreements between Pro Pics and the respective Client Universities. These fees may vary based on the specific terms negotiated by each university. In some cases:

• S&H fees may be included in the product price.
• S&H fees may be a function of the item(s) purchased.
• S&H fees may also be percentage of the total value of the order.
• A combination of any (or all) of the scenarios above.

S&H fees are presented to the customer during the checkout process. Pro Pics reserves the right to adjust shipping fees as necessary to align with the arrangements agreed upon with Client Universities or changes in shipping costs.

Late Fees

Orders placed after a designated period following the commencement ceremony may be subject to a nominal late fee.

Shipping Methods

The fulfillment and shipping of physical products, such as printed photographs, are managed by the photo finishing lab. Orders are typically shipped using one of the following methods:

• USPS First Class Mail: Most standard orders are shipped via USPS First Class Mail.
• FedEx or UPS: Larger orders or those requiring expedited delivery may be shipped using FedEx or UPS, depending on the size and destination.

The photo finishing lab is responsible for selecting the most appropriate shipping method for each order, based on size, weight, and delivery location.

Changes in Shipping or Fees

Pro Pics, in collaboration with the client university and the photo finishing lab, reserves the right to modify S&H fees or shipping methods without prior notice, where necessary to accommodate logistical or operational changes. Any such adjustments will be communicated at the time of checkout.

Customers are responsible for any additional costs that may apply to their orders, including applicable shipping, handling, and taxes. These charges will be clearly displayed at checkout on the third-party e-commerce platform before the order is finalized.

Refunds and Cancellations

Satisfaction Guarantee

Pro Pics offers a 100% satisfaction guarantee on all orders. If a customer is not fully satisfied with their purchase, they are entitled to a full refund. We aim to resolve any issues promptly; however, if we are unable to address the concern to the customer’s satisfaction, a complete refund will be issued.

Refund Process

Customers who wish to request a refund must contact Pro Pics promptly with details of their order and the reason for their dissatisfaction. Once the request is verified and approved, the refund will be processed promptly. If the issue cannot be resolved to the customer’s satisfaction, a full refund will be processed. Refunds will be issued using the same payment method originally used for the order. Please note that the time required for the refund to appear in the customer’s account may vary depending on the financial institution or payment provider.

Cancellations

Orders for physical products typically enter production within 2-3 business days after they are placed. As such, order cancellations may not be possible once the fulfillment process has begun. However, customers are encouraged to contact customer service promptly if they wish to cancel or modify their order. We will make reasonable efforts to accommodate requests, but cancellations cannot be guaranteed.

Late Fees and Refunds

Orders placed beyond the designated ordering window may be subject to a late fee. Late fees are generally non-refundable, except in cases where the order is canceled before fulfillment begins.

Shipping Fees and Refunds

Shipping and handling fees are typically non-refundable once the order has shipped. However, if an error on our part or the part of the photo finishing lab results in a defective product, we will refund the full purchase price, including any shipping fees.

Third-Party Services

Use of Third-Party Services

Pro Pics utilizes the services of trusted third-party providers to support the fulfillment of its products and the delivery of its Services. These providers include a photo finishing lab that manages the e-commerce platform, payment processing, printing, and shipping of photographic products. By using our Services, you acknowledge and agree to the involvement of third-party providers in the ordering and fulfillment process.

Role of the Photo Finishing Lab

Most orders for photographic products are processed through the third-party e-commerce platform operated by our photo finishing lab. This lab is responsible for printing, packaging, and shipping physical products to customers. The lab also manages payment processing, including calculating and remitting applicable taxes, ensuring a seamless transaction experience.

Payment Processing

Payments for most orders are securely processed by the lab’s authorized payment processor. Pro Pics does not collect or store any payment information, as all transactions are handled directly by the lab’s platform to ensure compliance with financial security standards.

Shipping and Delivery by Third-Party Carriers

The fulfillment and delivery of physical products are managed by the photo finishing lab, which may use external carriers such as USPS, FedEx, or UPS for shipping. The selection of carriers and shipping timelines is determined by the lab based on the size and nature of each order. Pro Pics is not liable for delays or issues arising from the actions of third-party carriers.

Liability and Disclaimer for Third-Party Services

Pro Pics is not responsible for the actions, omissions, or errors of any third-party service providers, including the lab, payment processors, and shipping carriers. While we take reasonable measures to partner with reliable third-party providers, we cannot guarantee their performance or the uninterrupted availability of their services. Any disputes or issues related to these services should be directed to the appropriate third-party provider, and Pro Pics will assist in facilitating resolutions where possible.

Compliance with Third-Party Terms

By placing an order through our Services, you agree to comply with the applicable terms and conditions of any third-party providers involved in the transaction, including the e-commerce platform, payment processors, and shipping carriers. These third-party providers may have their own terms, policies, and privacy practices, which are separate from Pro Pics’ policies.

User Accounts and Personal Information

No User Accounts Required

Pro Pics does not require users to create accounts to place orders for photographic products. Customers complete their purchases by entering their billing and shipping information directly on the third-party e-commerce platform operated by our photo finishing lab. Since no usernames, passwords, or user profiles are created or stored, users are not required to manage accounts on ProPicsGrads.com or the e-commerce platform.

Personal Information Collected

During the ordering process, customers will be required to provide the following information:

• Billing Information: Name, billing address, email address, and phone number.
• Shipping Information: Name and address for product delivery, if different from the billing address.
• Payment Information: Payment details entered through the lab’s secure payment processor (Pro Pics does not collect or store payment data).

This personal information is used solely to fulfill orders, provide status updates, and process transactions in accordance with the terms set out by Pro Pics and the third-party lab.

Use of Personal Information

The personal information collected is used for the following purposes:

• Order Fulfillment: Ensuring accurate processing, production, and delivery of both physical and digital products.
• Customer Communication: Providing order confirmations, status updates, and customer service support.
• Compliance: Fulfilling legal, tax, and regulatory obligations, including sales tax collection and remittance.

Pro Pics will only share personal information with third-party providers involved in the fulfillment process (e.g., the photo finishing lab and shipping carriers). All third-party providers are required to handle personal information in accordance with applicable privacy and data protection laws.

Data Security and Protection

While Pro Pics does not collect or store sensitive payment information, we work with third-party providers who implement industry-standard encryption and security protocols to protect personal data. Personal information entered on the e-commerce platform is safeguarded through secure transactions, and unauthorized access is prevented through encryption and other protective measures.

Privacy Policy Reference

For more information about how personal information is collected, used, and shared, please review our Privacy Policy, which is incorporated by reference into these Terms. By placing an order through our Services, you agree to the collection and use of your personal information as described in the Privacy Policy.

Customer Conduct

Accuracy of Information

You agree to provide accurate, complete, and current information when placing orders or submitting inquiries through our Services. This includes, but is not limited to, your name, billing and shipping address, email address, phone number, and payment information. Pro Pics reserves the right to cancel any order if false or misleading information is provided.

Prohibited Activities

You agree not to engage in any of the following activities:

• Fraudulent Transactions: Placing orders under false identities or using unauthorized payment methods.
• Disruption of Services: Attempting to interfere with, disrupt, or compromise the functionality, security, or integrity of our website or the third-party e-commerce platform.
• Unauthorized Access: Attempting to gain unauthorized access to systems, servers, or data related to Pro Pics or its third-party service providers.
• Abusive Behavior: Engaging in abusive, harassing, or inappropriate communications with Pro Pics employees, representatives, or service providers.

Compliance with Applicable Laws

You agree to comply with all applicable local, state, national, and international laws, regulations, and policies governing your use of the Services. Pro Pics reserves the right to report any unlawful behavior or suspected fraud to the appropriate authorities.

Prohibition on Unlawful Use

You may not use our Services for any illegal or unauthorized purpose. This includes, but is not limited to, engaging in activities that violate intellectual property rights, privacy laws, or data protection regulations.

Responsibility for Third-Party Use

If you allow any third party (e.g., family members or friends) to use our Services on your behalf, you agree that you are fully responsible for their conduct and any orders or activities carried out using your information.

Consequences of Violations

Pro Pics reserves the right to take appropriate action in response to violations of these Terms, including:

• Order Cancellation: Canceling orders without prior notice.
• Denial of Access: Denying access to our website and Services.
• Legal Action: Initiating legal action for damages or other remedies, where applicable.

Indemnification

You agree to indemnify and hold harmless Pro Pics, its employees, agents, and service providers from any claims, liabilities, damages, or expenses (including legal fees) arising from your use of the Services, violation of these Terms, or infringement of the rights of any third party.

Intellectual Property

All content and materials provided through the Services offered by Pro Pics, including but not limited to photographs, images, videos, text, graphics, logos, trademarks, service marks, and software (collectively, the “Content”), are the exclusive property of Pro Pics or its licensors. This Content is protected by applicable copyright, trademark, and other intellectual property laws.

Ownership Rights

Pro Pics retains all rights, title, and interest in and to the Content provided through its Services. Your use of the Services does not grant you any ownership rights or licenses to the Content, whether by implication, estoppel, or otherwise, except as expressly provided in these Terms or with the prior written consent of Pro Pics.

Limited License

Subject to your compliance with these Terms, Pro Pics grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content solely for personal, non-commercial purposes related to viewing and purchasing photographic products. Any other use of the Content is strictly prohibited.

Prohibited Uses

You may not, under any circumstances:

• Copy, reproduce, modify, distribute, display, perform, or create derivative works from the Content without the express written permission of Pro Pics.
• Use any trademarks, service marks, or logos belonging to Pro Pics or its licensors without prior authorization.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on or within the Content.
• Use the Content for any commercial purpose without obtaining explicit written permission from Pro Pics.

Infringement and Enforcement

Pro Pics reserves the right to enforce its intellectual property rights to the fullest extent permitted by law. Unauthorized use of the Content may result in legal action, including claims for damages and injunctive relief. You agree to notify Pro Pics immediately if you become aware of any unauthorized use of the Content.

Third-Party Content

Some Content provided through our Services may belong to third parties, including Client Universities or third-party service providers. Your use of such third-party content is subject to the terms and conditions imposed by the respective owners, and Pro Pics assumes no responsibility for any unauthorized use of third-party content.

Limitation of Liability

To the fullest extent permitted by applicable law, Pro Pics, including its directors, officers, employees, agents, contractors, and third-party service providers, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services or any products purchased through our third-party e-commerce platform. This limitation applies regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other legal theory, even if Pro Pics has been advised of the possibility of such damages.

Disclaimer of Warranties

Pro Pics provides its Services on an “as is” and “as available” basis, without any express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted service. We do not guarantee that:

• The Services will meet your requirements or expectations.
• The Services will be error-free, secure, or available at all times.
• Any defects or issues with the Services will be corrected.

Third-Party Services and Carriers

Pro Pics shall not be liable for any delays, errors, or failures caused by third-party service providers, including the photo finishing lab, payment processors, or shipping carriers (such as USPS, FedEx, or UPS). We make reasonable efforts to collaborate with reliable providers but are not responsible for their performance or any issues beyond our control.

Product Delivery Delays

Pro Pics strives to deliver products within the estimated timeframes; however, we cannot guarantee delivery by a specific date. Delays in the production or shipping of physical or digital products may occur due to system backlogs, carrier issues, or other unforeseen circumstances. In no event shall Pro Pics be liable for any damages resulting from delayed delivery.

Limitation on Monetary Liability

In the event that Pro Pics is found liable for any reason, our total liability to you for all claims related to your use of the Services, whether in contract, tort, or otherwise, shall be limited to the amount you paid, if any, for the specific order or product giving rise to the claim. Under no circumstances will our liability exceed the total purchase amount paid by you.

Force Majeure

Pro Pics shall not be liable for any failure or delay in performance due to events or circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, government actions, labor disputes, internet failures, or disruptions caused by third-party providers.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, the limitations and exclusions set forth in this clause shall apply to the fullest extent permitted by law, and the liability of Pro Pics shall be limited to the maximum extent allowed by applicable regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Pro Pics, its affiliates, officers, directors, employees, agents, contractors, and third-party service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or demands (including reasonable attorneys’ fees and court costs) arising out of or related to:

• Your Use of the Services: Any misuse of the Services, including the website or the third-party e-commerce platform. Any actions that violate these Terms of Service or any applicable laws, rules, or regulations.
• Breach of These Terms: Any violation or alleged violation of these Terms by you or anyone acting on your behalf. Inaccurate, false, or misleading information provided by you during the ordering process or use of the Services.
• Third-Party Claims: Any claims brought by a third party as a result of your actions or omissions in connection with the Services. Any disputes with third-party service providers (including payment processors, shipping carriers, or the photo finishing lab) that result from your use of the Services.
• Infringement of Rights: Any infringement or alleged infringement of intellectual property rights, privacy rights, or other proprietary rights of third parties resulting from your actions or the content you submit through the Services.
• Harm or Damage Caused: Any personal injury, property damage, or other harm caused by your actions, negligence, or misconduct while using the Services.

Defense and Control

Pro Pics reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with our defense efforts. You may not settle any claim without the prior written consent of Pro Pics unless the settlement releases Pro Pics from all liability.

Survival of Indemnification

Your indemnification obligations under these Terms shall survive the termination or expiration of these Terms and your use of the Services.

Governing Law

These Terms of Service, and any dispute or claim arising out of or in connection with them or the Services provided by Pro Pics, shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles.

By using the Services, you agree that any legal action or proceeding arising out of or related to these Terms or the use of our Services shall be brought exclusively in the state or federal courts located within the State of Tennessee, and you hereby consent to the personal jurisdiction of such courts and waive any objections to such venue based on inconvenient forum or any other jurisdictional grounds.

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, the remaining provisions shall remain in full force and effect. No failure or delay by Pro Pics in enforcing any right or provision under these Terms shall constitute a waiver of such right or provision.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to reflect the original intent of the parties while complying with applicable law.

Force Majeure

Pro Pics shall not be held liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, internet or telecommunication failures, third-party service disruptions, pandemics, or any other event deemed to be force majeure. In such cases, Pro Pics will make reasonable efforts to resume its obligations as soon as practicable.

Waiver

The failure of Pro Pics to enforce any right or provision of these Terms shall not be construed as a waiver of that right or provision. No waiver shall be valid unless it is in writing and signed by an authorized representative of Pro Pics. A waiver of any breach or default shall not constitute a waiver of any subsequent breach or default, whether similar or different in nature.

Modifications to the Terms of Service

Pro Pics reserves the right to modify, update, or revise these Terms of Service at any time, at its sole discretion. Any changes will become effective upon posting the updated Terms on our website, unless otherwise required by applicable law. Your continued use of the Services after the effective date of the modified Terms constitutes your acceptance of the changes.

Binding Nature of Changes

By continuing to access or use the Services after the modified Terms become effective, you agree to be bound by the updated Terms. If you do not agree with the changes, you must discontinue your use of the Services immediately.

Applicability of Modifications

Any modifications to these Terms will not apply retroactively. Changes will only affect your future interactions and transactions with Pro Pics after the effective date of the updated Terms. Orders placed and fulfilled prior to the modification will remain subject to the version of the Terms in effect at the time of purchase.

Governing Law and Dispute Resolution

All modifications to these Terms will remain governed by the laws of the State of Tennessee, without regard to its conflict of law principles. Any disputes arising from changes to these Terms will be subject to the dispute resolution provisions outlined in these Terms.

Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices published by Pro Pics, constitute the entire agreement between you and Pro Pics regarding the use of the Services. This agreement supersedes all prior or contemporaneous communications, understandings, proposals, or agreements, whether oral or written, between the parties concerning the Services. No additional terms or conditions may be incorporated unless expressly agreed upon in writing by both parties.

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service or your use of our Services, please feel free to contact us. We are committed to addressing your inquiries promptly and assisting you with any issues related to your orders or interactions with Pro Pics.