Terms and Conditions
(Modesty Publishing LLC – Story Photo Book)
Agreement between User and www.modestybooks.com
Welcome to Modesty Publishing LLC. By using our services, trough the website www.modestybooks.com („website“), you (“Client”) agree to these Terms and Conditions. Please read them carefully.
By visiting any of our Sites and Apps that link to these Terms, you are signifying your assent to these Terms. Any products ordered or services used through any of our Sites and Apps are also governed by these Terms. We may revise these Terms from time to time by posting a revised version.
YOUR CONTINUED USE OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU. NOTE: THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE
1. Scope of Work
Modesty Publishing provides tools and services for creating “Story Photo Books” where Users themselves compile the book by entering their personal textual and photo content through our editor application, which is available on our website at at www.modestybooks.com.
Modesty has created a sample book, with a concept, suggested content, texts, design, and graphic solutions, and Users fill the book with their personal texts, personal information, and photographs. Chapters and contents are created and confirmed by the User themselves. The “Template Story Photo Book” chosen by the User to customize for their needs is solely a sample of the book. The User gives the book its final content with their texts and data.
2. Access
You may access and use our Sites and Apps solely for your personal, noncommercial use. Except as expressly authorized hereunder, our Sites and Apps may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Sites and Apps, in whole or in part, at any time in our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Sites and Apps, including any images, text, graphics, sounds, data, links and other materials incorporated into our Sites and Apps (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our Sites and Apps or create derivative works of any portion our Sites and Apps without our written consent. While using any of our Sites and Apps, you agree not to:
Access or attempt to access images that are not your images or accounts that you do not own, unless given permission by the image subject (or, in the case of a minor, the image subject’s parent or legal guardian);
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
Impersonate any person or entity, generate misinformation, misrepresentations, or misleading content, or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using any of our Sites and Apps, including, without limitation, by means of “hacking” or defacing any portion our Sites and Apps;
Violate any applicable laws or regulations;
Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Use our Sites or Apps to store, transfer, or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to operate a photography business or other commercial service;
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items, or take any action that would abuse, harm, interfere with, or disrupt our Sites and Apps;
Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Sites and Apps; and
Crawl, scrape, or spider any aspects of our Sites or Apps;
Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our Sites and Apps;
Display or generate adult nudity, inappropriate child nudity, or sexually explicit content;
Upload or generate images of people who have not given permission for their photographs to be uploaded or shared; and
Post or generate objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence, or attempt to override or circumvent safety filters.
3. User’s Representations and Warranties
Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:
You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment. Similarly, if you want to share a photo book with your friends and family, we will accommodate your request by making your photographs available to your friends and family to download and/or to use and create projects of their own, and to purchase products with those photographs.
Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through any of our Sites and Apps are not proprietary to you, and the rights to such template or layout will remain with us.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual’s likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Submitted Materials.
You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Submitted Materials; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
User Submitted Materials that violate these Terms may be removed from our Sites and Apps; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
4. Fees and Expenses
All costs and fees are defined in the Modesty Publishing price list, which forms an integral part of the website. Depending on the specifics of the product, quantities, or other technical parameters, Modesty Publishing may agree with the client on different prices and payment methods. Modesty Publishing also regularly offers various promotions, discounts, bonus coupons, and promo codes.
5. Payment Terms
Payment of fees is at checkout offline and is nonrefundable.
6. Cancellation/Refund Policy
If the book ordered and paid for by the client is not of good quality, if there are visible technological errors in printing and binding, the client has the right to request the printing of a new book or a refund of the money paid. Modesty publishing is not responsible for the quality of the photos that the client imported into the book. We are also not responsible for incorrect data or textual errors entered by the client in the book.
7. Assignment
The Publisher may assign this Agreement or any rights or obligations hereunder to a third party without the User’s consent.
8. Amendments
The Published may amend these Terms and conditions periodically. Modesty reserves the right, at its sole discretion, to modify the Terms under which is offered. The latest version of the Terms shall supersede all previous versions. Modesty encourages you to periodically review the Terms in order to stay informed about our updates.
9. Indemnification
The User agrees to indemnify and hold harmless the Publisher, its employees, and representatives from any claims, damages, or liabilities arising out of or related to this Agreement, including but not limited to intellectual property violations.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
11. Dispute Resolution
Arbitration: Any disputes arising under these Terms and Conditions shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules. The arbitration shall take place in Florida, and the arbitrator’s award shall be final and binding.
12. Severability
If any provision of this these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Attorney Fees
In the event of a legal dispute, the prevailing Party shall be entitled to recover reasonable attorney fees and court costs
14. No Third-Party Beneficiaries
This Agreement is solely for the benefit of the Parties and does not confer any rights on third parties.
15. Entire Agreement
These Terms and Conditions constitute the entire understanding between the Parties and supersedes all prior agreements, representations, or understandings, whether written or oral.
16. International Users
The Service is controlled, operated and administered by Modesty from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Modesty Content accessed through www.modestybooks.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
17. Legal Disclaimer
The texts found in the books are exclusively “inspirational” texts and serve only as a guide for the User. The User must adapt the texts to their individual case. Modesty is not responsible if the User does not correct and adapt the texts for their needs.
This shall not be considered an error on Modesty’s part, but solely the User’s responsibility.
The photographs found in the “sample” books are also “inspirational” and the User should replace them with their personal photographs.
Modesty is not responsible and it is not considered an error if the User has not changed the photograph and adapted it to their needs. It is important to understand that Modesty does not proof, edit, or alter User content in any way.
Modesty is not liable for:
-The content of the photos and texts that Users upload into their photo books.
-Any copyright infringements or intellectual property rights violations that may arise from the use of others’ photos or texts.
-Any harmful or offensive content that Users have included in their photo books.
-Users are strictly prohibited from uploading photos and texts that violate applicable laws or that can be considered offensive, inappropriate, or illegal Modesty reserves the right to refuse to produce any photo book that contains such content.
By using our services, Users acknowledge that they have read and accepted this disclaimer and that they assume full responsibility for the content of their photo books.
18. User Guidelines
User must comply with the following guidelines in their entirety and if User does not follow Modesty may discontinue User Service immediately with no notice.
Content Guidelines: By using the services provided by Modesty Publishing, for the creation of your personalized “Story Photo Book” you agree to comply with our Terms and Conditions and the End User License Agreement and to the following terms and conditions:
Ownership and Responsibility of Content: You affirm that you are the rightful owner or have obtained appropriate licenses for all textual and photographic materials included in your “Story Photo Book”. You assume full responsibility for any textual and photographic content you contribute, ensuring that these materials do not infringe upon the intellectual property rights or privacy rights of any third parties. Modesty Publishing is not liable for any unauthorized use of copyrighted or offensive materials included in your book.
Our Modesty disclaims any and all liability for damages of any kind arising from the use of our services. This includes, without limitation, direct, indirect, incidental, punitive, and consequential damages. By creating a photo book, Users agree to indemnify and hold our Modesty harmless from any claims, damages, or expenses arising from their use of our services.
Content Creation: Modesty Publishing does not review, edit, or modify any content submitted by you. It is your sole responsibility to ensure accuracy, appropriateness, and the overall quality of the content before submitting it for printing. This includes but is not limited to:
Typos, grammatical errors, unfinished text, or other textual inaccuracies.
Low-resolution images that may appear blurry in print or on your screen.
Dark images that may appear dark in the final print (note: Modesty Publishing does not enhance the brightness of your images).
Layout, design, style, color, and format issues pertaining to the book.
Product options you selected through the Modesty shop that are registered in our system.
No Modification by Modesty Publishing: Your photo product is exclusively yours. Modesty Publishing will not proof, edit, or implement changes to any aspect of your content. This hands-off approach extends to every element of your “Story Photo Book”.
Claims and Liability: Modesty Publishing will not be held liable for errors that are a direct or indirect result of User decisions or oversights, including those listed above under “Content Creation”. It is crucial that you review your project thoroughly before submission. Any claims made post-production that relate to User-generated errors or choices will not be considered valid for refunds or reprints.
Modesty Publishing is not liable for any damages or legal issues that may arise from the use of copyrighted or otherwise restricted content within your photo book. It is your obligation to ensure that all content, including text and images, are free of such restrictions before placing an order.
Additional Legal Provisions
Users agree that they will not upload any content that:
Violates federal, state, or local laws.
Infringes on any third party’s intellectual property rights, including copyrights, trademarks, or patents.
Is defamatory, libelous, or slanderous.
Contains nudity, graphic violence, or explicit material.
Promotes hate speech, racism, or discrimination against any individual or group.
Encourages illegal activities or behavior.
We reserve the right to remove any content that violates these agreements and to deny service to any user who fails to adhere to these terms.
Color and Quality Disclaimer:
Please be aware that slight variations in color may occur between your digital preview and the printed product due to differences in monitor calibration and printing limitations. Additionally, print quality is dependent on the resolution and quality of images you upload.
Order Verification:
Double-check your order details carefully before submitting. Changes may not be possible once printing has begun.
Transparency and Communication:
Our disclaimer should be prominently displayed on the ordering page of our website and included within our terms and conditions to ensure that all users are fully informed about their responsibilities when using our services.
19. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Modesty agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
20. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MODESTY PUBLISHING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MODESTY PUBLISHING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
21. Copyright and Trademark Issues
While we are not obligated to review User Submitted Materials for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Sites and Apps to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Shutterfly’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
DMCA Take-Down Notice
If you believe in good faith that any material used or displayed on or through our Sites and Apps infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Apps;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) 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 copyright owner, its agent or the law (e.g., as a fair use); and
(f) 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.
DMCA Counter-Notice
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see for details.
A counter notice must include all of the following information:
Your signature, which may be provided electronically by typing your name
Identification of the material that has been removed or to which access has been disabled. For listings, please provide the listing URL to each item before it was removed or disabled
A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Shutterfly is located, and that you will accept service of process from the person who provided the original notification or an agent of such person
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice. Fraudulent or abusive counter notices or other misuse of Shutterfly’s Intellectual Property Policy may result in account termination or other legal consequences.
DMCA notices and counter-notices regarding our Sites and Apps, or notices concerning trademark use in personalized products we make or in our Sites and Apps, should be sent to:
office@modestybooks.com
22. Privacy
Your use of www.modestybooks.com is subject to Modesty’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
23. Electronic Communications
Visiting www.modestybooks.com or sending emails to Modesty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
24. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Modesty is not responsible for third party access to your account that results from theft or misappropriation of your account. Modesty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
25. Links to Third Party Sites/Third Party Services
www.modestybooks.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Modesty and Modesty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Modesty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Modesty of the site or any association with its operators.
Certain services made available via www.modestybooks.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.modestybooks.com domain, you hereby acknowledge and consent that Modesty may share such information and data with any third party with whom Modesty has a contractual relationship to provide the requested product, service or functionality on behalf of www.modestybooks.com users and customers.
26. Children Under Thirteen
Modesty collects personally identifiable information from children under the age of thirteen, through their parents or guardians. Modesty collects this information for the following reason(s):
In order to create a story photo book about the birth of a child or about his growing up, it is necessary to enter the information about that event and the photos accompanying that event into the book.
Modesty is not intended to be used by children, and we do not knowingly collect personally identifiable information from children under 13.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.modestybooks.com only with permission of a parent or guardian.
27. Acceptance
By clicking “I Agree” or by using the Services, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions including the Legal Disclaimer.
Contact Us
Modesty welcomes your questions or comments regarding the Terms:
Modesty Publishing llc
615 Crane Prairie Way
Osprey, Florida 34229
Email Address:
office@modestybooks.com
Telephone number:
9417169076
Effective as of May 06, 2023
