Terms of Service

Any use of the website, purchases of products or services from the website, or purchases on secondary platforms will constitute acceptance of the respective terms.

These terms (“Terms”) apply to all uses you (“You”) may make of this website (the “Site”) including, but not limited to any: use of the Site’s information, products, or general services (“Services”), use of the shopping cart, ordering service, and display advertising system as well as using any products offline.

1. Usage and Reservations

1.1 Leftover Photos (“Seller”) reserves the right to delete, move or edit any images, data, metadata, or Services that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Seller reserves the right to suspend any token, order, transfer, transaction, wallet, submission, or order confirmation is received. Seller reserves the right to share certain account information with governmental organizations or other third parties. In the event of any such dispute, Seller reserves the right to suspend processing, production, shipment, transfer, or use of any Services or Submission or order until such dispute has been resolved. In addition, you warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of your images constitutes permission for reposting, reprinting, and commercial use by by Seller in perpetuity without requiring your notification. Seller will not be liable for the content of any images, text, marketing materials, Services, or Submission.

1.2 Copyright Notice. Seller is committed to protecting artist, photographers’, and corporate copyrights. Users of the Site and Services do not have commercial license to use any images without written consent.

2. Customer Support and Age Requirements

You must be at least 13 years of age to use the Site. If you, your parent or guardian, have any concerns please feel free to contact Seller customer support

3. Copyrighted Material, Software and Intellectual Property Rights

All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of Leftover Photos or are being used with the rights secured by Leftover Photos, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.

4. Privacy Policy

When you create an account with Seller, You may need to provide some personal information, such as your name, e-mail address, and mailing address. Seller will protect and use this information as stated in our Privacy Policy.

5. Indemnification

You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.

6. Claims

Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the State of California, and hereby consent to jurisdiction and venue in the courts of San Diego, California.

7. Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

8. Disclaimer of Warranties

PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, COVERS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, COVERS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Leftover Photos Pricing

With respect to items sold by Leftover Photos, the price of an item cannot be confirmed until you order. Despite our awesome web system, a small number of the items may be priced, unavailable, or calculated incorrectly.

11.Refunds, Returns, and Cancellations

At Leftover Photos, we pride ourselves in customer satisfaction. However; all our products and Services including blockchain transactions and purchases are confirmed by third parties. Because of this they are not returnable. If there is an error in the design or typography on the design, Leftover Photos is not liable. Color shifts (RGB vs CMYK) are to be expected and may occur when submitting graphics for print, and if so, Seller is not liable for any unwanted color transformations. For high color accuracy you may attempt to contact Seller for review of your print file(s) or uploads.

12. International Customs Charges and Misc Fees

We are not responsible for any miscellaneous fees, taxes, or transactions fees. Some orders may incur a customs or import duty tax charge even if You have already paid for shipping through on website. We are unable to control additional International customs charges and they will vary based on location. The customer is solely responsible for all additional taxes and fees. Your order cannot be returned to the sender and Leftover Photos will not pay custom fees transaction charges on your behalf.

13. Lost or Stolen Items

In the rare event of a lost or stolen item, Leftover Photos is not liable. To prevent a lost or stolen item, please make sure you require a signature on all items at your address. Seller reserves the right to stop transfers or usage or stolen items at their discretion.

14. Miscellaneous

14.1 Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you on our delivery to our carrier (ie, F.O.B. Seller’s facility).

14.2 If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

14.3 These Terms constitute the entire agreement between You and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.

15. Processing and Shipping Times

Our processing times and shipping times are estimates only. Leftover Photos is not liable for late deliveries or loss or damage relating to late deliveries. Leftover Photos is not responsible for incorrectly entered delivery addresses.

Although our policy is that we accept all submissions exactly as they come through, we do our best to catch any Submissions or orders that have major issues. In the event a representative reaches out to you about any issues, you will have 2 business days to respond or else your Submission or order may be submitted to production as is.

16. Liability of Product Use

Leftover Photos urges all users of our products to use them with safety. We always suggest wearing a helmet and protective gear. Our products are sold at your own risk. Leftover Photos is not liable for any injuries that occur from using any of our products.