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Walmart Photo Help > Photo Center Terms of Use
Photo Center Terms of Use
 

Creating your Photo Center Account

Use of the Walmart Digital Photo Center requires a valid email address and Walmart.com password. Walmart.com requires that all account holders be 13 years of age or older.

Existing Walmart.com account holders may use your current password to access your Walmart Digital Photo Center account. New users may create an account through the Walmart Digital Photo Center by providing a first and last name, valid email address, year of birth to ensure privacy and security of children, and password. We use this information to protect your account from unauthorized access and to notify you of the status of any purchases you choose to make. We may ask you to confirm your personal information when you contact our Customer Service department. This will allow us to protect your confidentiality by verifying your identity.

This account also provides access to all Walmart.com services. Please note that your use of the Walmart Digital Photo Center constitutes your unconditional agreement to follow and be bound by these Walmart Digital Photo Center Terms of Use and the WALMART.COM Site Terms of Use.

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Privacy

WALMART.COM'S Privacy Policy is incorporated into these Walmart Digital Photo Center Terms of Use.

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Account Responsibility

You will be responsible for all content in your account, and all activities that occur while using your password. You should keep your password confidential to avoid unlawful use of your account, and notify us immediately of any unauthorized activity on your account.

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Ownership of Account Content

WALMART.COM claims no ownership rights to the photos, photo files, albums, projects, captions or prints, (collectively defined as "Content"), that you place in your Walmart Digital Photo Center Account. However, by uploading Content into your Walmart Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to WALMART.COM a nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photos included in your Photo Center Account for the purpose of displaying Content to the people you select and to fulfill orders.

We will not use or modify your Content for marketing purposes or any other purposes without obtaining your express permission.

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Backups

You are responsible for monitoring and creating backup copies of the Content stored in your account. Walmart Digital Photo Center is not under warranty. WALMART.COM will not be liable for any damage to your photos, albums, rolls or uploads, including but not limited to loss, deletion or alteration. WALMART.COM will delete your Content, unless you make at least one purchase every twelve (12) months.

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Termination & Disclosure

WALMART.COM may terminate your service and delete any and all information, including but not limited to your Content, without notice, for any reason including, but not limited to (i) your violation of these Photo Center Terms of Use or other policies set by WALMART.COM elsewhere on the Site; (ii) online conduct that WALMART.COM believes is harmful to other customers, the business of WALMART.COM, or other third-party information providers; and (iii) failure to access your account for one (1) year.

WALMART.COM reserves the right to disclose any Content posted by you or any other customers as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any Content, in whole or in part, that in WALMART.COM's judgment are unsuitable or in violations of these Walmart Digital Photo Center Terms of Use or other policy set by WALMART.COM elsewhere on the Site. The Walmart Digital Photo Center may delete, move and edit Content for any reason, at any time, without notice.

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WALMART.COM will not assist in the copying of a photograph that is signed, stamped or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright, unless we are presented with a signed Copyright Release. Negatives or digital images of a copyrighted image will be retuned to you unprinted and you will be provided instructions on how to present WALMART.COM with a signed Copyright Release. In addition, WALMART.COM will not assist in the copying of any state or federal document, including but not limited to, driver's licenses, passports and social security cards.

Obtain a Release for Copyright-Protected Images

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Modification

WALMART.COM reserves the right to update or modify these Walmart Digital Photo Center Terms of Use at any time.

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User Conduct

Age

Users of the Walmart Digital Photo Center must be at least 18 years old and have a valid credit card. If you are under the age of 18 but at least 13 years of age, you may use the Walmart Digital Photo Center only under the supervision of a parent or legal guardian who agrees to be bound by these Walmart Digital Photo Center Terms of Use.

Conditions of Use

The Walmart Digital Photo Center can only be used for personal, non-commercial use. As an account holder of the Walmart Digital Photo Center, you agree not to:

  1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful or otherwise unsuitable as determined by WALMART.COM.
  2. Upload, post, email or otherwise transmit any content you do not have a right to transmit under any law or under contractual or fiduciary relationships, (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any Content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party.
  3. Upload, post, email or otherwise transmit any Content that harms minors in any way.
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Walmart Digital Photo Center.
  5. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
  6. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  7. Interfere with or disrupt, or attempt to interfere with or disrupt, the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Walmart Digital Photo Center.
  8. Upload, post, email or otherwise transmit any Content that exhibits expressions of abuse, offensive language and/or imagery, obscenity or pornography, including but not limited to: child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over WALMART.COM, its affiliates or customers. WALMART.COM has the sole discretion to determine whether Content falls within this section, and any Content submitted to the Walmart Digital Photo Center will be subject to examination from time to time.

Active Participation

A condition of the Walmart Digital Photo Center is your "Active Participation". Active Participation is defined as purchasing photo merchandise, including prints and enlargement, through the Photo Center at least once every 365 days. Purchases through the Walmart Digital Photo Center's third parties do not count towards Active Participation. If you cease Active Participation for any reason, WALMART.COM may terminate your account and remove all Content.

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Third-Party Software

As a convenience to WALMART.COM customers, WALMART.COM may make third-party software available through the Walmart Digital Photo Center either through physical distribution or available by download. To use such software, you will agree to the terms and conditions imposed by the third party provider. Unless otherwise stated in any specific agreement, the agreement to use such software will be solely between you and the third party provider.

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Limitations of Liability

WALMART.COM uses commercially reasonable efforts to maintain the availability of the Walmart Digital Photo Center 24 hours a day, 7 days a week, and provide photo processing within the time frame communicated to you. However, WALMART.COM will not be liable to you for any unexpected outage or disruption of service. One hour photo services are subject to limitations on store equipment and processing capacity, and actual pick-up times may vary.

Submitting any Content to WALMART.COM for processing, printing, storage, transmission or other handling constitutes an agreement by you that any damage to your Content or computer system, or any loss of data, by WALMART.COM, its subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle you to replacement with a like amount of storage and processing. Except for replacement, the handling of any Content is not under warranty or liability, and recovery for any incidental or consequential damages is excluded.

You understand and agree that any material, including but not limited to Content and software, downloaded or otherwise obtained through the use of the Walmart Digital Photo Center is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the Walmart Digital Photo Center may expose you to Content you may feel objectionable. You take sole responsibility for such exposure.

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Indemnity

By using the Digital Photo Center, you agree to indemnify WALMART.COM and its parent, subsidiaries, affiliates, suppliers, partners, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this service, including any violation of these Walmart Digital Photo Center Terms of Use.

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Still Have Questions?

If you're not able to find the answer you need, please visit our Customer Service page. Need answers about Walmart.com products and services outside of the Digital Photo Center? Visit Walmart.com Help.