Last Updated: 20 April 2020
These terms and conditions, including the Coffee Pond Privacy Policy, which is incorporated herein by this reference, (together, these “Terms”), are a binding legal contract between Coffee Pond Productions, Inc., its affiliates and licensors (collectively, “Coffee Pond,” sometimes referred to as “Coffee Pond Photography and Yearbooks”), and the individual or legal entity who accesses, uses, or purchases the Services (as defined below) (collectively, “you” or “your,” as applicable).
By clicking the “I AGREE” button, or by accessing, using or purchasing the Services, you represent that you have the authority to enter into and agree to these Terms. If you do so on behalf of any other person or a legal entity, you represent and warrant that you have the authority to accept these Terms on behalf of that person or legal entity. your continued access to, use or purchase of the Services following modification to the Services or these Terms constitutes your agreement to be bound by these Terms, as modified. If you do not agree to be bound by these Terms, you may not access or use the Services.
1. The Services
In general, Coffee Pond provides three types of services (collectively, the “Services”):School Portraits and Group Portraits
Yearbooks,
Studio Photography, and
This website (the “Site”), through which you may interact with us in connection or as part of School Portraits and Group Portraits, Yearbooks, and Studio Photography Services.
Each type of Service is described in more detail below.
1.1 School Portraits and Group Portraits
School portraits and group portraits are arranged through the applicable schools, PTAs, and other groups such as summer camps and sports teams or leagues (each, a “Sponsoring Organization”). Group portraits may also include family portraits organized with a Sponsoring Organization and institutional ID cards. These Services may include the optional purchase of prints by the Sponsoring Organization or the individual portraiture subjects or their families from Coffee Pond.
1.2 Yearbooks
Yearbooks are arranged through the applicable Sponsoring Organizations, usually a secondary school or related PTA. For Yearbooks, Coffee Pond works with editors of the Yearbook to produce a final product that may be purchased by the Sponsoring Organization or the individual Yearbook subjects from Coffee Pond.
1.3 Studio Photography
Coffee Pond may provide in-office or in-studio photography sessions. Each such session must be documented in advance in writing by the parties, including specification of the applicable fees.
1.4 This Site
You may conduct certain business with Coffee Pond on or through the Site. The Site is available only, for individuals, only for your non-commercial use in connection with School Portraits and Group Portraits, Yearbooks, and Studio Photography Services. For Sponsoring Organizations, the Site may be accessed and used only for use in connection with School Portraits and Group Portraits, Yearbooks, and Studio Photography Services arranged by your Sponsoring Organization.
1.5 Eligibility
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. If you are not at least 18 years of age, you may use the Services only with the permission of, as appropriate, a parent or guardian or a Sponsoring Organization.
By using the Services, you represent and warrant that you meet these requirements.
1.6 License Grant
Subject to your compliance with these Terms, Coffee Pond hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the Site as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described in these Terms.
2. Orders; Scheduling
2.1 Orders
All orders for Services (“Orders”) shall be set out in writing between you and Coffee Pond, usually in a form referencing these Terms (each, an “Order Form” or “School Portrait Contract” whether or not the Order Form explicitly references these Terms. All Order Forms are subject to these Terms, except as noted on the Order Form.
The Order Form will set out the fees, if any, to be charged by Coffee Pond for the Services, and the date(s) and location(s) relevant for the Services. If not specified in an Order, there is no fee for initial onsite photography Services for school portraits, but Coffee Pond may offer and sell Printing Services to the families of such portrait subjects through the Site.
In addition, you may be able to place Orders through the Site for applicable printing Services.
In all cases, you must provide current, accurate, and truthful contact and payment information. If you provide credit card or other payment service information, you must have the right to use such payment mechanisms for the Services. In the event of any charges for rejected transactions (such as declined check fees), you agree to pay any fees incurred by Coffee Pond, in addition to other charges you may owe in connection with the Services.
2.2 Scheduling
If the date or location for Services needs to be changed, Coffee Pond will work with you to make changes as necessary. Unless otherwise specified in an Order Form, if you cancel or change plans, Coffee Pond may charge a rescheduling or cancellation fee.
3. Intellectual Property and Ownership of the Site
3.1 Ownership of the Services.
The Services, including all photographs resulting from the Services, and the “look and feel” of the Site, proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Coffee Pond and its partners or other licensors own all right, title and interest in and to the Services and all such materials, including any and all intellectual property rights therein. We and our licensors reserve all rights in connection with the Services and its content (other than User Data), including, without limitation, the exclusive right to create derivative works.
3.2 Ownership of Trademarks.
Coffee Pond’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Coffee Pond or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
3.3 Ownership of Feedback.
We welcome feedback, comments and suggestions for improvements to the Services (“Service Feedback”). Any contribution of Service Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Service Feedback. All Service Feedback may be used in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
3.4 Copyright and Ownership of Photographic Works
Under United States copyright law, the photographer, not the subject, is the owner of the copyright in the photograph. That means that the photographer – here, Coffee Pond – can control the copying of the photograph. That is the “copy right.” So, when you buy a print (whether physical or digital, on paper or any product), you do not have the right to make additional copies of that print unless agreed in writing by Coffee Pond.
4. Sponsoring Organizations
If you are a Sponsoring Organization, in addition to the other Terms, you represent and warrant as follows:You have obtained appropriate permission from the subjects of the Services (as in students in school portraits) or, when such subjects are minors, their parents or guardians, to be photographed and their likenesses used, in connection with the Services;
For school portraits and yearbooks, if you are not the school or school district itself (for example, if you are the PTA at a school), you have permission and authorization to contract for the Services with Coffee Pond;
You will publicize the availability of printing Services from Coffee Pond to the Sponsoring Organization and the individual portraiture subjects or their families; and
You will arrange for and provide access to appropriate facilities so Coffee Pond personnel can provide onsite Services in a safe, orderly, and efficient manner.
5. Disclaimers, Limitations of Liability and Indemnification
5.1 Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COFFEE POND, ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “COFFEE POND ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COFFEE POND ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES, INCLUDING ANY OFFERINGS MADE AVAILABLE THROUGH THE SERVICES, (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR (C) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COFFEE POND ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
5.2 Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL COFFEE POND ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF COFFEE POND ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. COFFEE POND ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.3 Indemnification
By agreeing to these Terms and accessing or using the Services, you agree that you will defend, indemnify and hold Coffee Pond Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by Coffee Pond Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, (b) your violation of any rights of any third party, (c) your access to or use of the Services;, or (e) your gross negligence or willful misconduct.
6. Additional Terms
6.1 Updating These Terms
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail or by placing a prominent notice on the first page of the Site. However, it is your responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
6.2 Termination of License
If you breach any of the provisions of these Terms, all licenses granted by Coffee Pond will terminate automatically. Additionally, Coffee Pond may suspend, disable, or delete your use of the Services (or any part of the foregoing) with or without notice, for any violation of the Terms.
6.3 California Residents.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
6.4 License to User Data
In general, as between you and Coffee Pond, you own any data that you provide to Coffee Pond in connection with the Services (“User Data,” such as yearbook page content). You represent that you own or have permission to use all of the User Data in connection with the Services. Specifically, and without limitation, you must have permission of any identifiable living person to use his or her likeness, and you must have appropriate rights to reproduce any copyrighted materials. Coffee Pond must make copies of User Data to provide the Services, and to store and transmit User Data at your direction. For such usage in connection with the Services, you grant Coffee Pond a non-exclusive, perpetual, worldwide, royalty-free, freely transferable right to copy, cache, publish, display, perform, distribute, translate and store User Data, and to allow others to do so as Coffee Pond’s authorized agents. Coffee Pond may aggregate anonymized statistics about User Data and use those statistics (but not the underlying User Data) for business purposes consistent with these Terms.
6.5 Copyright Infringement
If you are contacting us regarding an alleged copyright infringement, the notification regarding the alleged infringement (“Notification”) information is as follows:
Designated Agent pursuant to Title 17, United States Code, Section 512(c)(2): See Section 7 (Contact Coffee Pond), below.
To be effective, the Notification must include:A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complaining Party”);
Identification of the work claimed to have been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Coffee Pond to locate the material;
Information reasonably sufficient to permit Coffee Pond to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law, and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.6 Authority
If you purchase the Services in connection with a Sponsoring Organization, other users may have been designated to access, control, and manage your access to the Services. In no event will Coffee Pond be liable for any claims to the extent arising out of unauthorized access to, or termination of access to, the Services.
Please notify lifeguards@coffeepond.com immediately if you believe there has been unauthorized access to your information or the Services.
6.7 Acceptable Use
Coffee Pond may, immediately and without notice, terminate your access to, or cease providing the Services to you, if you: (a) harm, disrupt, or otherwise engage in activity that diminishes Coffee Pond’s brand, Services, computer systems, hardware, or network, (b) misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, computers, or networks related to the Services, without authorization, (c) use the Services in any manner not specified by Coffee Pond, (d) interfere with Coffee Pond’s policies with respect to appropriate use of the Services, as determined by Coffee Pond, (e) store, back up, or distribute any illegal or unauthorized files or data, or material protected by intellectual property rights of a third party, unless you own or have appropriate rights to such material, (f) store, back up, or distribute material that contains viruses, Trojan horses, worms, corrupted files, or any material that may damage the operation of the Services or another person’s device, hardware, data, or property, (g) engage in conduct that would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation, (h) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services, (i) merge the Services with other products, software or services, (j) alter or modify any disabling mechanism, (k) willfully render any part of the Services unusable, (l) assign, rent, loan, or otherwise transfer the Services, (m) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) received in the provision of the Services, or (n) breach any material provision of these Terms. In addition, we may restrict or terminate your access to the Services if instructed to do so by the Sponsoring Organization.
6.8 Governing Law; Services Jurisdiction
These Terms will be governed, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts without reference to conflicts of law principles. The exclusive jurisdiction of any actions arising out of, relating to, or in any way connected with these Terms, will be in the state or federal courts, as applicable, located in the City of Boston or Suffolk County, Massachusetts, and you irrevocably submit to personal jurisdiction in such courts.
The Services are operated by Coffee Pond in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
6.9 Publicity
For Sponsoring Organizations, Coffee Pond may identify you as a customer on the Site and in other marketing materials by use of your name and public logo, provided that Coffee Pond does not reveal any details about the Services provided to you or related User Data.
6.10 General
These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein shall be held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforcement of the remaining provisions shall not be affected or impaired. These Terms and the licenses granted hereunder may be assigned by Coffee Pond but may not be assigned by you without the prior express written consent of Coffee Pond. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered a waiver of any subsequent default or breach. You may not assign or delegate any rights or obligations under these Terms. Any purported assignment or delegation shall be ineffective. Coffee Pond may freely assign or delegate all rights and obligations under these Terms, fully or partially, with or without notice to you. Coffee Pond may also substitute, by way of novation, any third party that assumes its rights and obligations under these Terms. If you or Coffee Pond cannot perform its obligations under these Terms because of any act of nature, accident, strike, epidemic or pandemic, court order, fire, riot, war, failure of third-party equipment or any other cause not within the affected party’s reasonable control and that could not be avoided through the exercise of reasonable care and diligence (a “Force Majeure Event”), then the non-performing party will, if possible and reasonable: (a) promptly notify the other party, (b) take reasonable steps to resume performance as soon as possible, and (c) not be considered in breach during the duration of the Force Majeure Event. If a Force Majeure Event continues for 5 consecutive calendar days, Coffee Pond may terminate your access to or use of the Services and these Terms by providing notice to you.
The following sections will survive termination or expiration of these Terms and your access to the Services: 3 (Intellectual Property and Ownership of the Site), 4 (Sponsoring Organizations), 5 (Disclaimers, Limitations of Liability and Indemnification), and 6 (Additional Terms).
By agreeing to these Terms, you agree that we may provide to you required notices, agreements and other information concerning the Services electronically.
7. Contact Coffee Pond
For questions or other notices regarding this Privacy Policy, please email lifeguards@coffeepond.com.
For other issues related the Services, please contact Coffee Pond at:
Coffee Pond Productions, Inc.
3 Speen Street, Suite 200
Framingham, MA 01701
Phone +1 508 907 6633
