Terms of Service

1. Acceptance of Terms

Welcome to EverMark. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before placing an order or using our platform. If you do not agree with any part of these Terms, please do not use our services.

These Terms apply to all visitors, clients, and others who access or use our services. We reserve the right to update or modify these Terms at any time, and your continued use of the site constitutes your acceptance of any changes.

2. Our Services

EverMark provides custom photo album design and printing services. Our offerings include, but are not limited to:

— Custom-designed wedding, family, and event photo albums
— Album layout design, review, and revision services
— High-quality printing and binding of completed albums
— Delivery of finished albums to the client's specified address

All services are subject to availability and our discretion to accept or decline any order.

3. Orders & Payments

All orders begin with an inquiry submission. Pricing is confirmed upon review of your specific requirements. A deposit is required to begin production, with the remaining balance due prior to shipment.

— Payments are processed securely through Stripe. We do not store your full payment card details.
— All prices are listed in US Dollars (USD) and are subject to change without notice prior to order confirmation.
— Your order is considered confirmed once your deposit payment is received and acknowledged.
— Production will not begin until the required deposit has been successfully processed.

4. Photo Submissions

By uploading photos to our platform, you confirm that:

— You own or have the rights to use all photos submitted, and that their use does not infringe on any third-party rights.
— You grant EverMark a limited, non-exclusive license to use your photos solely for the purpose of designing and producing your album.
— We will not use your photos for any other purpose, including marketing or display, without your explicit written consent.
— You are responsible for the quality and resolution of submitted photos. We are not liable for print quality issues resulting from low-resolution images.

5. Design & Revisions

Once your album design is complete, you will receive access to a digital review where you can provide feedback, request changes, or approve the layout before printing.

— A reasonable number of revision rounds are included as part of your package. Additional revisions beyond the included rounds may incur an extra charge.
— Once you approve the final design, no further changes can be made before printing.
— EverMark is not responsible for errors (spelling, layout, photo selection) approved by the client in the final design review.

6. Cancellations & Refunds

Because our albums are custom-made products, our cancellation and refund policy is as follows:

— Before design begins: You may cancel your order for a full refund of your deposit within 48 hours of payment.
— After design has begun: Deposits are non-refundable once design work has commenced, as they cover the labor and creative work invested.
— After approval and printing: No refunds are available once the final design has been approved and sent to print.
— Defective products: If your album arrives damaged or with a printing defect caused by us, we will reprint and reship at no cost to you. Please contact us within 7 days of receipt with photographic evidence.

7. Shipping & Delivery

Estimated delivery timelines are provided at the time of order and are based on standard production and shipping times. These are estimates and are not guaranteed.

— EverMark is not responsible for delays caused by shipping carriers, customs, or events outside our control.
— It is the client's responsibility to provide a correct and complete shipping address. We are not liable for orders delivered to an incorrect address provided by the client.
— Risk of loss or damage passes to the client upon handoff to the shipping carrier.

8. Intellectual Property

All content on the EverMark website — including logos, graphics, design templates, and written content — is the property of EverMark and is protected by applicable copyright and intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

Your uploaded photos remain your property at all times. EverMark claims no ownership over any client-submitted content.

9. Limitation of Liability

To the fullest extent permitted by law, EverMark shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to loss of data, loss of profits, or loss of photographs.

Our total liability for any claim related to our services shall not exceed the amount you paid for the specific order giving rise to the claim.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the courts located in Rockland County, New York.

11. Contact Us

If you have any questions about these Terms of Service, please contact us.