IMPORTANT:
A special note about 3D- There is no “simple button” to make a 2D photo into a 3D photo. Therefore, we do not convert your 2D images to 3D. However, 2D photos can have 3D text floating in front of the photo when using the reel builder!
Also, please note that if you choose not to purchase one of our viewers, we cannot gurantee that a viewer from another source will work properly with our reels, or that our viewers will work with other brand paper reels.
Image3D RetroViewer Terms and Conditions
(Last Modified April 5, 2021)
Welcome to RetroViewer, powered by Image3D! These Terms and Conditions govern your and our respective rights and obligations as they relate to your use of all Image3D offerings, including but not limited to our website at www.image3d.com (“Site”) and any other Image3D app or service licensed, downloaded, or otherwise accessed by you (collectively along with our Site, “Services”).
Please note that your use of our Services is also governed by our Cookie Policy, and (if applicable) our Reel Subscription Ordering Program Terms of Use, all of which (as may be changed over time) are expressly incorporated into these Terms and Conditions (collectively, “these Terms”). These Terms constitute the entire agreement between you and Image3D relating to our Services.
By checking “I accept the terms and conditions” or otherwise accessing, downloading, installing, or using any of our Services (whether or not you are a registered user), (a) you agree to be bound by these Terms and (b) you represent that you are at least 18 years old (Note: we may request proof of age at any time). If you don’t agree with these Terms or if you are younger than 18, do not use our Services.
You represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them. Our Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Image3D to any registration requirement within such jurisdiction or country, and the use of our Services is unauthorized in any such jurisdiction or country. You agree not to access or use our Services in any such jurisdiction or country. You agree that it is your responsibility to ensure that the use of our Services is lawful in the jurisdiction or country where you are located.
Modifications.
We may, in our sole discretion, change these Terms at any time and in our sole discretion without notice to you. If we believe that the changes are material, we will let you know by doing one (or more) of the following: (a) posting the changes on our Site or (b) sending you an email or message about the changes. Changes will be effective immediately upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. You can tell when changes have been made by referring to the “Last Modified” date. You cannot make changes to these Terms unless both you and Image3D sign a written amendment. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. If you do not agree to any changes, you must stop using our Services.
Registration.
ACCOUNT CREATION. To upload images, build a reel, or order products from our Site, you must create an account or log in to your pre-existing account. You must be at least 18 years old to create an account, and you must provide accurate, truthful, current, and complete information when creating that account, as well as promptly update any information that changes. If we suspect that your information is not accurate, truthful, current, and complete, we may suspend or terminate your ability to use or access our Services. The information you provide will be used and held in accordance with our Privacy Policy.
RESPONSIBILITY. You are responsible for all activity on your account (including but not limited to purchases) and the security of your devices, so keep your username and password secure. We will treat all actions performed through your account as being performed by you. We will not be responsible for any losses arising out of the unauthorized use of your account. You understand that you may be held liable for losses incurred by us or any third party caused by someone else using your account. If you become aware of any actual or suspected loss, theft, fraud or unauthorized use of your account or your password, please tell us immediately. You agree to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting us access to any password-protected portions of your account.
PAYMENT. You agree to pay for all purchases made using your account. By using a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If your credit or debit card cannot be immediately processed for any reason, we may make multiple attempts to process any payment due until the payment is successfully processed. If we are unable to process your credit or debit card, we will notify you and give you an opportunity to add another payment method in your account and to charge that payment method for your purchase. We may cancel your order if we are still unable to process your payment.
LIMITATIONS AND TERMINATION. We reserve the right to limit the number of accounts a user can establish and to change that limit from time to time in our sole discretion. We may delete or terminate accounts that have not been logged into for more than 90 days . We also reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.
ACCOUNT OWNED BY IMAGE3D. Notwithstanding anything to the contrary in these terms, you acknowledge and agree that you shall have no ownership or other property interest in your user account, and you further acknowledge and agree that all rights in and to your user account are and shall forever be owned by and inure to our benefit.
Retention of Images and Reels.
Due to space limitations of our servers, incomplete or un-approved reels that have not been edited or completed for a period of 90 days may be deleted. Once a Reel is completed, the individual image files and edits that comprise the Reel will be saved for no more than 90 days; after such time, the individual image files will be deleted from our server. A fully completed Reel file may be saved indefinitely unless you delete it. We do not guarantee that your images/reels will be retained as described above. Do not use our Site as the only repository for your content — always retain copies on your personal system. Unless we obtain your consent to do so, we do not use, share, or sell your images for any purpose other than fulfilling your order.
Conduct.
LEGAL COMPLIANCE. You agree (a) to use our Services only for lawful purposes and in compliance with all applicable state, federal, and international laws, regulations, and other government requirements; (b) not to transmit any material that encourages conduct that could constitute a violation of such laws, regulations or requirements; (c) not to upload any file containing malware, that infringes the intellectual property or other rights of any third party, violates these Terms, or that is inappropriate in any way; and (d) not to crawl or scrape any part of our Site or to reverse engineer or attempt to obtain the source code of our Site.
IMAGE CONTENT: Because we are providing family-friendly nostalgic products, we reserve the right to refuse to print any reel that contains content that is, in our sole discretion, inappropriate. Inappropriate content includes but is not limited to content that is illegal, sexually explicit (including but not limited to photos of sexual acts or unclothed below-the-waist private parts), threatening, harassing, or violent, as well as content that promotes violence or hatred or is otherwise objectionable. If your images do not comply with our guidelines, we will ask you to change your images. We reserve the right to cancel your order if you do not promptly change your images to those that comply with our guidelines.
CONTENT THAT YOU POST: By posting a comment or review on our Site, you represent that you have all necessary rights to that content, that the content is accurate, and that you’re not infringing or violating any third party’s rights by posting it. We have the right but not the obligation to monitor and edit or remove any content. We take no responsibility and assume no liability for any content posted by you or anyone else. If content you post infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens. We may also remove your content if it is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, false, misleading, or vulgar, contains viruses, promotes violence or hatred, violates our Terms, is otherwise objectionable, or is injurious to third parties. By posting a comment or review on our Site, you grant us a nonexclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, translate, reproduce, distribute, store, and prepare derivative works of your content in order to better provide our services and to promote our Services, in any formats and through any channels, including any third-party advertising medium. You grant us the right to use the name you submit in connection with that content as well.
License/Personal Use Only.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services solely for your personal, noncommercial use, subject to these Terms, on any authorized device you own and control. We reserve all rights in our Services not expressly granted to you in these Terms.
You are authorized to use our Services and purchase our products for personal noncommercial purposes only and not for resale to any other person or entity. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained through our Services.
NEITHER IMAGE3D NOR ITS LICENSORS ARE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY SERVICES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE HARDWARE OR SOFTWARE RESULTING FROM ANY USE OF OUR SERVICES RESIDES WITH YOU.
Intellectual Property.
TRADEMARKS. RetroViewer and Image3D are protected trademarks of Image3D, LLC. All other trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. The configuration and appearance of the viewer device is the View-Master trade dress owned by Mattel, Inc. and is under license from Mattel, Inc.
COPYRIGHTS. You retain the copyright and all other rights in the photographs or other images you upload to our Site for inclusion in your reels, as well as in the selection and arrangement thereof. Unless we obtain your consent to do so, we will not use your images or reels for any purpose other than to host your images and fulfill your order(s). All materials contained on our Site (including design, text, graphics, interfaces, and the selection and arrangement thereof) other than those uploaded by users are the copyrighted property of Image3D or its third-party suppliers.
DMCA NOTICE. We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
(a) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
(c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint;
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Your signature may be physical or electronic.
Upon obtaining a DMCA-compliant notice of infringement, we will act expeditiously to remove or disable access to the material.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is written communication that incorporates ALL of the following elements: the material alleged to be infringing, including its location; a statement by you declaring under penalty of perjury that you have a good-faith belief that the material at issue was either misidentified or mistakenly removed; your name, address, and telephone number; your physical or electronic signature, and one of the following two statements:
(a) If you are located within the United States: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
(b) If you are located outside of the United States: “I consent to the jurisdiction of any United States federal district court where Image3D is located and will accept service of process from the person who provided the notice set forth above or their agent.”
Note: False statements in your notification of infringement or in your counter notification may lead to civil or criminal penalties.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Image3D, LLC, designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Bethany Jeanfreau, Copyright Manager. Our agent can be reached by mail at: Attn: Bethany Jeanfreau, Image3D, LLC, 4211 SE International Way, Suite D, Milwaukie, Oregon 97222 or by email at Bethany@Image3D.com.
Indemnification.
You agree to indemnify and hold Image3D, LLC, its parents, subsidiaries, affiliates, officers, agents, employees, and licensors, harmless from any claim or demand, including reasonable attorneys’ fees and costs at arbitration, on trial or on appeal, in addition to all other sums provided by law, arising out of your alleged breach of these Terms, any other alleged wrongful actions and/or omissions by you, your use of our Services, and/or anyone else’s use of our Services through your account.
Disclaimer of Warranties, Limitation of Liability, and Returns.
SITE. Our Site is provided on an “as is” and “as available” basis. Your use of our Site and our other Services is at your own risk. To the fullest extent permitted by applicable law, we disclaim any and all representations and warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. While we take reasonable precautions against infection of our Site by malware, we cannot guarantee there will be no such infection. Nor can we guarantee that our Services will be provided in a manner that is uninterrupted, timely, secure, or error-free. You use our Site solely at your own risk. While using our Site, you may come across materials that you find offensive or inappropriate. We are not responsible for the accuracy, legality or decency of content posted by users. You release us from all liability relating to that content.
LIMITATION OF LIABILITY. We will not be liable for any damages whatsoever, and in particular we will not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to our Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we have been advised of the possibility of such damages. You will be solely responsible for any damage to your computer system or loss of data resulting from your use of our Site and/or the other Services. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages; therefore, the above-referenced exclusion is inapplicable in such jurisdictions.
RETURNS. We do not accept returns or give refunds on our custom reels or viewers. If you receive a defective or damaged item, or if your order is lost in transit, please contact us at 503-632-2470 or RetroViewer@Image3D.com. We try to be as accurate as possible when describing our products, but we do not warrant that product descriptions or other content of our Site is accurate, complete, reliable, current, or error-free.
Shipping Policy.
It is the customer’s choice as to which shipping method to select during checkout, based on the available options for the order and shipping location. Shipping estimates are estimated and in no way guarantee a specific delivery date. Image3D is not liable for delays in transit by the shipping carrier or incorrect shipping addresses on order forms. Estimated delivery times do not include the time it takes for Image3D to produce your order (please refer to our production schedule). For international shipments outside of the USA, Image3D will not be liable for refused packages or duties and taxes charged upon delivery by the receiving country.
RetroViewer Rewards.
We currently have a program enabling customers to earn points for amounts spent on custom reels. Accrued points become active once your order has shipped from our facility. Your points can then be used as a discount on a future order in accordance with our RetroViewer Rewards program. You have no property interest in any of these points. You are not allowed to transfer your points. We may manage, regulate, control, modify or eliminate your points and our program in our sole discretion, and we will have no liability to you or any third party for exercising those rights. In addition, all points are unconditionally forfeited if your account is terminated or suspended for any reason. The terms of the RetroViewer Rewards are subject to change without notice.
Termination.
We may, in our sole discretion, terminate your account, and remove and discard any of your content at any time, without notice, for any reason. We will not be liable to you or any third-party for any termination of your access to our Services. We also reserve the right to modify or discontinue our Services without notice.
Miscellaneous.
CHOICE OF LAW. The state and federal courts of Oregon are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms and/or your use of our Site and our other Services. You consent to personal jurisdiction of and venue in the state and federal courts of the State of Oregon in Multnomah County, Oregon.
ENTIRE AGREEMENT. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. In the case of inconsistencies between these Terms and any information included in on- or off-line materials (for example, promotional materials and mailers), these Terms will always control.
WAIVER. Our failure to exercise or enforce any term will not constitute a waiver of such term.
THIRD-PARTY SITES. Our Site may include links to other sites that are owned and/or operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.
SEVERABILITY. If any provision of these Terms is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such decision will not have the effect of invalidating or voiding the remainder of these Terms, and the part(s) of these Terms so held to be invalid, unenforceable or void will be deemed stricken, and these Terms will be reformed to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. The remainder of these Terms will have the same force and effect as if such part or parts had never been included.
ATTORNEY FEES. In the event that any action, suit, or legal proceeding is initiated or brought to enforce any or all of the provisions of this Agreement or for its breach, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by an arbitrator or court. In the event of an appeal of an initial decision of an arbitrator or court, the prevailing party shall be entitled to such attorneys’ fees, costs, and disbursements as are deemed reasonable and proper by the appellate court(s).
ASSIGNMENT. You agree that these Terms may be assigned by us in our sole discretion, to a third party. You may not assign these Terms or any of your rights or responsibilities under these Terms.
SURVIVAL. These Terms will remain in effect even after your access to your account and/or our Services is terminated.
Contact Information.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by submitting a completed form on our Contact page, by emailing us at RetroViewer@Image3D.com, or by calling us at 503.632.2470 (Toll Free: 1-855-733-5748).
