Terms & Conditions
Copyright Agreement: The customer is responsible for the content of the transmitted files. By transmitting the files to Shortcake Inc., the customer confirms, represents and warrants that he/she has all copy-, trademark- and all other intellectual property rights to such files and their content that are necessary for Shortcake Inc. to process the order. The customer is responsible for any consequences resulting from a violation of these rights. Should any third party bring a claim against Shortcake Inc. based on a violation of its intellectual property rights to the transmitted files or their content, the client shall indemnify and hold harmless Shortcake Inc. from all such claims, damages and costs (including attorneys’ fees) arising in connection therewith. Shortcake Inc. will promptly inform the customer of any such third party claims. By placing his/her order, the customer represents and warrants that the content of the transmitted files do not violate any criminal laws. Should Shortcake Inc. notice a breach of this representation and warranty, it will promptly inform the competent criminal authorities.
Shortcake Inc. holds the rights to all designed digital layouts produced and submitted to the customer. Only digital layouts may be used in marketing material to reflect competency of our services; but in no way will these images or layouts be sold for a profit. For the privacy of all individuals in those photos/images no names will be shown in conjunction with those photos/layouts. When photos/images are submitted directly to Shortcake Inc. by a photographer/studio and if Shortcake Inc. chooses to use those digital layouts for marketing purposes, credit will be given to that photographer/studio via watermark logo.
Deposit Policy: If you change your mind after paying the deposit and no design work has begun, then we will fully refund the deposit. If you change your mind after design work has begun, the deposit is non-refundable.
Limits of Liability: Once you receive design or image files from us, it is your responsibility to perform a final check on spelling, dates, alignments, colors, strokes, and other related issues. This is a custom item, and you are responsible for proofing your design before the final version is sent to print. Any errors found in the file after approval is given will not result in a refund, additional complimentary revisions, or complimentary reprints.
Revisions Policy: For each album design order, up to 2 rounds of revisions included in the price. If you need more than 2 rounds of revisions, we charge $50 per additional round. A "revision" is considered a request for alteration of an existing design with specific instructions for placing, replacing, resizing, or altering specific images or text on specific pages. The following does not constitute a revision: complete re-design of the majority of pages in an album, vague (non-specific) requests to alter the design, re-submission of new images which require a re-design of the majority of pages, re-submission of retouched images for the majority of the design, or alteration of the dimensions or orientation of a design. If there are requests to remove pages from the original design, we will still charge for those pages in the final fee.
Payment Policy: The balance for all album design orders is due 60 days after the first preview link is sent, otherwise the order will be purged from our system. This balance will be automatically charged to your card on file after the 60-day mark (if not already paid). However, once the balance has been paid, we can keep your album design on file for up to one year from the date you placed the order. If your design has still not been finalized at the one year mark, you will have the option of receiving the as-is files or paying a $50 extension fee to keep the order open in our system.
Images & Security: When you submit your photos to Shortcake Inc., they will be downloaded and saved for use during your album design. Once design work is complete, we will disconnect/unsubscribe from any shared photo accounts and delete the original photo files we downloaded. In this way, we do not retain any of your images after your order is complete. However, we do retain the original design files we created, and keep them (1) as a record of the work completed and (2) in case you would like to order an additional copy of your album in the future.
Shortcake Inc. may use third party sub-contractors (hereafter Sub-Contractors) to complete your order in whole or in part. Your personal data and photos are only transmitted to a Sub-Contractor to the extent it is necessary to process and complete your order.
1. Any disputes arising in connection with this business relationship shall be exclusively governed by US law.
2. Should any one or more provisions of these terms & conditions and/or of the contract entered into in connection therewith, or parts thereof, be held invalid or unenforceable, the validity of the remaining provisions, or parts thereof, shall not be affected. They shall remain valid for both parties. In case of invalidity, the relevant statutory law applies. This also applies in case of contractual gaps.