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Privacy Policy

Terms Of Use and Privacy Policy of Denny Photo Gifts

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

These terms and conditions ("Agreement") apply to your purchase of all products sold through Denny Novelty. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify us immediately and return your purchase pursuant to Denny Novelty’s Return Policy. If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DENNY NOVELTY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER DENNY NOVELTY TERMS AND CONDITIONS APPLY TO THE TRANSACTION.

  1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Denny Novelty. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
  2. Payment Terms. Payment terms are within Denny Novelty's sole discretion, and, unless otherwise agreed to by Denny Novelty, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. Denny Novelty may invoice parts of an order separately. Denny Novelty is not responsible for pricing, typographical, or other errors, in any offer by Denny Novelty and reserves the right to cancel any orders resulting from such errors.
  3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Denny Novelty is Denny Novelty's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Denny Novelty within 15 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing wrong or damaged. Unless you provide Denny Novelty with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
  4. Warranties. WARRANTY AND SERVICE FOR ALL PRODUCTS ARE PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY DENNY NOVELTY. DENNY NOVELTY MAKES NO EXPRESS WARRANTIES.
  5. Shipping & Returns. All shipments are made through Federal Express and are insured for the full amount of the shipment. All shipments should be opened at time of delivery and inspected for damage. If a shipment is damaged in transit, please contact us immediately. We only have a few days to file the claim in your behalf. All custom items are non returnable and non refundable.
  6. Changed or Discontinued Products. Denny Novelty's policy is one of ongoing update and revision. Denny Novelty may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Denny Novelty will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
  7. Limitation of Liability. DENNY NOVELTY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DENNY NOVELTY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DENNY NOVELTY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  8. Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ALABAMA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
     
  9. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
  10. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DENNY NOVELTY, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Denny Novelty") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Denny Novelty's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in. The arbitration will be limited solely to the dispute or controversy between customer and Denny Novelty. NEITHER CUSTOMER NOR DENNY NOVELTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.

(REV 03/31/05)


Privacy Notice
Denny Novelty respects your privacy. Across our business, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to process your purchase, provide service and support, and share product, service and company news and offerings with you. We do not sell your personal information. We only share your personal data outside the Denny Novelty family of companies with your consent, as required by law or to protect Denny Novelty, its customers, or the public, or with companies that help Denny Novelty fulfill its obligations with you, and then only with partners who share Denny Novelty's commitment to protecting your privacy and data. At any time you may contact Denny Novelty with any privacy questions or concerns you may have. You also may ask at any time to see the personal data you have given us and request correction or deletion. We strive to protect the security of your personal data by use of appropriate measures and processes.

Privacy and Data Security

At Denny Novelty, your right to privacy and data security is a primary concern. That's why, when you visit photonovelty.com, we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information you provide us during a visit to our Internet site.

Denny Novelty's Privacy statement discloses the privacy guidelines for Denny Novelty and Denny Manufacturing Co Web site.

  • Denny Novelty only asks for specific types of personal information

    In a few areas on our Web Site, we ask you to provide information that will enable us to enhance your site visit, to assist you with purchase and technical support issues or to follow up with you after your visit.

    For example, we request information from you when you:

    1. Register on photonovelty.com
    2. Place an order
    3. Provide feedback in an online survey
    4. Subscribe to a newsletter or a mailing list

    Information we may request includes your name, e-mail address, phone number, address, type of business, credit card details, customer preference information and customer number, as well as other similar personal information. Should you choose to apply for credit or lease through our financial service providers, we may also ask for your social security number and other information to process your credit request. If we ever ask for significantly different information we will inform you.

  • Denny Novelty only uses your personal information for specific purposes

    The information you provide will be kept confidential and used to support your customer relationship with Denny Novelty. Among other things, we want to help you quickly find information on photonovelty.com and alert you to product upgrades, special offers, updated information and other new products and services from Denny Novelty. Denny Novelty may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you.

    In addition, Denny Novelty may be required to disclose personal information in connection with law enforcement, fraud prevention, regulation, and other legal action or if Denny Novelty reasonably believes it is necessary to do so to protect Denny Novelty, its customers, or the public.

  • You can opt-out of Denny Novelty's marketing list at any time

    Periodically, we may send you information about our various products and services, or other products and services we feel may be of interest to you. Only Denny Novelty, Denny ElectraVision and Denny Manufacturing Company will send you these direct mailings. If you do not want to be included on Denny Novelty's marketing list, simply tell us when you give us your personal information. Or, at any time you can easily opt-out of Denny Novelty's marketing list or update your information by clicking on "my account", logging in, and changing your preferences accordingly.

  • Denny Novelty will not disclose your personal information to any outside organization for its use in marketing without your consent

    Information regarding you (such as name, address and phone number) or your order and the products you purchase will not be given or sold to any outside organization for its use in marketing or solicitation without your consent.

Internet Commerce

The online store at photonovelty.com is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. Denny Novelty is committed to data security with respect to information collected on our site. We offer the industry standard security measures available through your browser called SSL encryption. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a sales representative over the telephone. Simply call 1-800-844-5616. It has always been a Denny Novelty practice to contact customers in the event of a potential problem with your purchase or any normal business communication regarding your purchase.

Customized Experience

We use technology to help us deliver customized visitor experiences. At Denny Novelty, we primarily use "cookies" to help us determine which service and support information is appropriate to your machine and to maintain your shopping experience in our online store. Our use of this technology does not mean that we automatically know any information about you. We might be able to ascertain what type of computer you are using, but beyond that, our use of cookies is designed only to provide you with a better experience when using www.photonovelty.com. Denny Novelty has no desire or intent to infringe on your privacy while using the photonovelty.com site.

Third-Party Sites

Please be aware that other web sites that may be accessed through our site may collect personally identifiable information about you. The information practices of those third-party web sites linked to PhotoNovelty.com are not covered by this privacy statement.

You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you're online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, Denny Novelty cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Other Web sites

Denny Novelty's Web site may contain links to other Web sites that are not operated by Denny Novelty. Denny Novelty is not responsible for the privacy practices of the Web sites that it does not operate.

Contact Denny Novelty

Denny Manufacturing Co., Inc is the sole operator of the Denny Novelty Web site. If you would like to contact us for any reason regarding our privacy practices, please write us at the following address:

Denny Novelty
Attention: Privacy
PO Box 7200
Mobile, AL 36670