This policy governs your purchase and use of PhotoDay AdvancePay Credits (“AP Credits”) which are prepaid credits. By purchasing or using AP Credits, you agree to the following terms in addition to our Terms of Use. Any capitalized terms that are used but not defined in this policy shall have the meanings assigned in the Terms of Use. IF YOU DO NOT AGREE TO THE ADVANCEPAY CREDIT POLICY AND OUR TERMS OF USE (INCLUDING ITS DISPUTE RESOLUTION AND MANDATORY ARBITRATION PROVISIONS), THEN DO NOT PURCHASE OR OTHERWISE USE AP CREDITS.
We offer AP Credits to make it easier and more fun for you to use our services. AP Credits are issued by Snapshots, Inc. d/b/a PhotoDay, a Delaware corporation, (“PhotoDay”), and are automatically added to your PD Customer Account upon purchase. The AP Credits you purchase are reloadable and are prepayments for eligible goods and services as indicated by PhotoDay.
Each purchase gives you a specific number of credits which you can then redeem for any eligible good or service offered by PhotoDay. Eligible goods or services are offered at PhotoDay’s sole discretion and may change from time to time.
We may amend this policy at any time and any change, addition, or deletion will become effective at the time we post the revised policy to our website as permitted by applicable law, or where required by law we will provide you with notice to the extent required. Unless we state otherwise, any change, addition, or deletion will apply to your future and existing AP Credits. If any of these terms or later amendments are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
You should keep your PD Customer Account information secure to prevent unauthorized access to your account. You are responsible for all transactions through your PD Customer Account, including any unauthorized transactions. PhotoDay is not responsible for any loss, or unauthorized or fraudulent use of your AP Credits.
PD makes every effort to assure charges are accurate. You accept that errors in charges may occur occasionally. We will correct the balance of your AP Credits if we believe that a clerical, billing, or accounting error occurred. You are responsible for verifying all charges appearing on your account to confirm accuracy. You must notify PhotoDay immediately of any charges believed to be in error. You agree that you may be unable to access or use your AP Credits if your account is involved in a payment dispute or error review until the dispute or review is completed.
AP Credits expire 14 months after the date of purchase. You accept and agree that AP Credits are not gift cards or gift certificates, and no interest or any other earnings on funds deposited shall ever be paid nor due to you on AP Credits at any time. No credit card, credit line, or overdraft protection benefits are associated with AP Credits and such credits are not insured by the Federal Deposit Insurance Corporation (FDIC).
PhotoDay makes no representations, warranties, or conditions of any kind, express or implied, with respect to the AP Credits including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.
In the event that PhotoDay is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance of AP Credits on your PD Customer Account. PhotoDay shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue, or use), or any punitive or exemplary damages arising out of or in any way connected with this policy, whether in contract, warranty, tort (including negligence), strict liability, or other theory, even if previously advised of the possibility of such damages.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
By purchasing or using AP Credits you agree to comply with these terms and conditions and PhotoDay’s Terms of Use, including the provisions on arbitration and class action waiver, and not to use AP Credits in any manner that is misleading, deceptive, unfair, or otherwise harmful to PhotoDay. We reserve the right, without notice to you, to void AP Credits without a refund, suspend or terminate your PD Customer Account, suspend or terminate your ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that AP Credits have been obtained, used, or applied to a PD Customer Account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
