TERMS AND CONDITIONS
TERMS OF SERVICE
nPhoto is the registered trademark of Cyfrowa Foto Sp. z o.o., Zaczernie 190, 36-062 Zaczernie Poland.
This Terms of Service constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (also referred as “client”, “photographer“, user”) and ‘nPhoto’ ( ‘us’, ‘we’, ‘our’ all refer to nPhoto the registered trademark of Cyfrowa Foto Sp. z o.o. and its affiliated companies, collectively “Company”), concerning your access to and use of the www.nphoto.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”).
The services offered by nPhoto include; software and personal print-on-demand publishing services that allow its customers to create, design, layout, print and publish professional quality Photo Albums, Photo Books, and Photo Products collectively named “Products”, the nPhoto website with the nPhoto community and any other applications, features, content, or services offered from time to time by nPhoto in connection with the Website are all collectively named the “Services”.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
Supplemental terms and conditions or documents may be posted on the Website from time to time.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. Please check these Terms regularly for changes. Your continued use of the Website following the posting of changes will mean you accept these changes.
Company makes no representation that the Services are appropriate or available in locations other than where it is operated by Company. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.
By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation. Your nPhoto Account (the “Account”) may be deleted without warning if we believe that you breached this Agreement. Nphoto may terminate your membership at any time and for any reason, effective upon sending notice to you at the then-current email address in your account profile. You understand that termination of this Agreement and your Account involves deletion of your nPhoto profile information from our live databases as well as any Content that you uploaded to the nPhoto Website using such Account. Nphoto will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may have your account deactivated, delete and end your membership at any time, for any reason by sending a written request to email@example.com.
PURCHASES & PAYMENTS
You acknowledge that nPhoto reserves the right to charge for Services and to change its fees upon posting by nPhoto on the Website. You agree to pay all fees and charges incurred in connection with your orders and purchases. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to nPhoto as set forth on the Website. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Company may change prices at any time. All payments shall be in U.S. dollars.
PayPal is the world’s trusted way to pay and get paid online. We accept PayPal payments, Visa, Mastercard, Discover and American Express via PayPal payment system. You can safely enter your entire credit card number via our secure server, which encrypts all submitted information.
All payments for the Goods and Services shall be granted to Cyfrowa Foto Sp. z o.o., Zaczernie 190, 36-062 Zaczernie Poland.
If nPhoto does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by nPhoto.
PAYMENT DISPUTES You must notify us in writing within 7 working days after receiving your credit card statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address:
Cyfrowa Foto Sp. z o.o.
36-062 Zaczernie, Poland
or via nPhoto Customer Service
Phone: (631) 772 - 0030
Taxes imposed on your orders and purchases, including, but not limited to value-added taxes, subject to import duties and taxes which are levied when the package with the Photo albums and Photobooks or products arrives at the destination that you specified have to be borne by you, as nPhoto has no control over such charges and cannot foresee the amount charged (if any). Please be also aware that you are considered the importer and must comply with all USA laws and regulations.
Your receipt of an electronic or other form of order confirmation does not signify nPhoto’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Nphoto reserves the right at any time after receipt of your order to accept or decline your order for any reason. Nphoto further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by nPhoto upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
All sales of photo albums and photobooks and other products are made Delivered at Place (DAP) [Incoterms 2010]. Your designated point of delivery, and title and risk of loss to each shipment of the photo albums and photobooks and other products shall pass to you when nPhoto makes such delivery at the named place of destination.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Company Services) links to other websites (“Third Party Websites”) as well as articles, photographers, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any other Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content” ) is owned by or licensed to Company, and are subject to copyright and other intellectual property rights. Company Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content.
CLIENTS PHOTO ALBUM AND PHOTOBOOK CONTENT
“Content” includes text, files, design templates, images, photos, video, sounds, works of authorship, and other materials. Your “Product’s Content” includes Content that you include in the Product, submit to nPhoto for print services, or that you contribute to the Products of other Members. NPHOTO HAS NO OWNERSHIP OF ANY OF YOUR PRODUCT’S CONTENT."
OWNERSHIP OF YOUR PRODUCT’S CONTENT.
You represent and warrant that: (a) you own or otherwise have the right to grant the licenses set forth in this section for the Product’s Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Product, and (b) your Product’s Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
SUBMISSION OF YOUR PRODUCT’S CONTENT
You may use the nPhoto software to submit your Product’s Content to nPhoto for publication or prepare and submit your Product’s Content through nPhoto’s on-line service. Alternatively, you may submit your Product’s Content by providing us with a JPG which meets the specifications required by nPhoto.
In order for nPhoto to be able to provide you with our Services, you hereby agree to provide us with the following licenses to use your Product’s Content:
(a) License to print your Product. You hereby grant to nPhoto a non-exclusive, worldwide, fully-paid and royalty-free license (a “License”) to reproduce and distribute your Product’s Content for the purpose of printing the Product that you order or that you authorize for purchase by others, and for any other related purpose that you authorize (including the use by other Members as a contribution to their Products). You agree that nPhoto reserves the right to maintain the electronic files for any Products to fulfill any further orders which may be placed for such Products and to maintain an archival copy of the printed Product.
(b) License to use your Product’s Content for optional nPhoto features. In the event you decide to use any optional feature that nPhoto may offer, such as allowing others to search for and see an electronic preview of your Product or applications to use the Services in connection with other services and online communities, you hereby grant to nPhoto a License to reproduce, distribute, publicly display, use, and otherwise make available the designated Product, any Product Content therein, and any other data and information you provide in connection with the optional feature, as required for nPhoto to provide such optional feature.
Nphoto Content; The Services contain Content of nPhoto and its licensors (“nPhoto Content”). Nphoto and its licensors (including Users) own and retain all proprietary rights in the nPhoto Content and the Services. nPhoto hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the nPhoto Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the nPhoto Content.
Other Content. You hereby grant to nPhoto an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, other than your Product’s Content, that you upload, post, email, transmit or otherwise make available on the Website (“Other Content”).
You are solely responsible for any and all Product Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Products submitted by you for print services, and for your interactions with other Users. You agree that nPhoto retains the right to create limits on nPhoto's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
MOBILE APPLICATION LICENSE
If you are accessing the Company Services via mobile application, the Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from application; (c) violate any applicable laws, rules or regulations in connection with your access or use of application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavour, commercial enterprise or other purpose for which it is not designed or intended; (f) make the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information of interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
You acknowledge and agree that any questions, comments, suggestions, ideas feedback or other information about the Website or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legal conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews of Company or of any affiliate or losses resulting from any reviewer. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
Jurisdiction. This Agreement and all aspects of the Website and company Services shall be governed by and construed in accordance with the internal laws of Poland. To expedite resolution and control the cost of any dispute, controversy or claim related to this agreement (Dispute"), you and Company agree to first attempt to negotiate any Dispute informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
Company cannot control the nature of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services.
You agree that your use of the Website and company services will be at your sole risk. To the fullest extent permitted by law, Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and the company services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any websites linked to this website and assumes no liability or responsibility for any (A) errors, mistakes, or inaccuracies of content and materials, (B) personal injury or property damage, of any nature whatsoever, resulting from your access to the Website and use of our products (C) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (D) any interruption or cessation of transmission to or from the Website or company services, (E) any bugs, viruses, trojan horses, or the like which may be transmitted to or throughout the Website by any third party, and/or (F) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event shall company or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the website or company services and products, even if company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the company services during the period of three months prior to any cause of action arising.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Limited Warranty for nPhoto. nPhoto warrants that, subject to minor differences across products and printing partners as described in nPhoto’s Return Policy, Products will be free of any defects in materials and workmanship. nPhoto will, at its own expense and at its sole obligation and your exclusive remedy, replace any defective Products which you report to nPhoto via nPhoto’s Order Support within fourteen (14) days of your receipt thereof.
Exceptions to Limited Warranty. Nphoto does not proof, edit or change any of the Content in the Products that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Products. YOUR Product’s CONTENT CANNOT BE EDITED ONCE IT IS UPLOADED TO THE WEBSITE. Therefore, you agree that you will not upload Product’s Content unless it has been fully proofed and you are satisfied that it is ready to be published. nPhoto is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. nPhoto assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. nPhoto is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Nphoto be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
Limited Warranty does not include:
- 1. defects resulted from wear and tear caused by usual/everyday use
- 2. defects resulted from the nature of the item e.g. album spread’s discoloured fold
- 3. defects caused by user and resulted from inappropriate use, inappropriate storage conditions, inappropriate maintenance, interference by the user or mechanical damage
- 4. defects resulted from an external event beyond nPhoto’s control
- 5. natural aging of the album
Except as explicitly stated otherwise, any notices given to Company shall be sent by email to the addresses listed in the contact information below. Any notices given to you shall be sent to the email address you provided during the registration process, or such other addresses as each party may specify. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Company Services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
In order to resolve a complaint regarding the Company Services or to receive further information regarding use of the Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved.
CYFROWA FOTO SP. Z O.O.
190 Zaczernie, 36-062 Zaczernie