PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS OR USE THE My Photo Book WEB SITE.
For the purpose of this document:
“The customer” shall mean any person, company or entity using or ordering through the My Photo Book website, software, product offerings and “My” shall mean Fujifilm SA (Pty)Ltd (Pty) Ltd, the Company managing, developing and offering the service, its employees, directors and shareholders.
1. Acceptance of orders
All orders are accepted according to these terms and conditions. By using the My Photo Book software or website you accept these terms and conditions.
After processing an order, the uploaded file is kept on the My Photo Book server for a period of three (3) weeks. This is done in case there is a need to check a file in respect of any quality related issues.
2. Copyright and content
All material and software belong to My Photo Book . All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the My Photo Book web site.
Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. The Customer cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, or any other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. My Photo Book also state that The Customer cannot use explicit language or pornography on printed materials and merchandise.
The Customer is responsible for the content of their product/s that they submit to My Photo Book for printing. My Photo Book does not accept any liability for the copyright of the photos, graphics, logos and other content used in the products offered and ordered. The Customer must ensure that they are not breeching any copyright, patent, trademark or any other law before uploading a product to My Photo Book. The Customer is responsible for all possible consequences of unlawful use of protected data. The Customer must also ensure that the content of the product submitted complies with all legal requirements relating to obscenity, libel or any other matter. The Customer will be subject to the legal provisions of South Africa and any other relevant country. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of a court in South Africa.
Recognizing the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable content. The Customer further agrees to not use the service to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of South Africa, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of South Africa; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of My Photo Book or any third party. My Photo Book does not control the content posted by The Customers and does not guarantee the accuracy, integrity or quality of the content. Under no circumstances will My Photo Book be liable to The Customer in any way for any content, The Customer may be exposed to or that The Customer may find offensive, indecent or objectionable. Products and services are provided for The Customers personal use only. The Customer agrees to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
The Customer acknowledges that My Photo Book does not pre-screen content, but that My Photo Book and its designees shall have the right (but not the obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. The Customer further acknowledges and agrees that My Photo Book may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of My Photo Book , its users and the public.
3. Use of the Software
The My Photo Book software may only be used to compose and order a photo product offered by My Photo Book . The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. Such action will be deemed criminal and offenders will be prosecuted using the full extent of the law.
My Photo Book can in no way be held responsible for damage or loss to, or of the uploaded files or to non-delivery of any product due to incorrect information given or failure by the couriers to locate and deliver the product to The Customer. My Photo Book is not responsible for 3rd party shipping errors, omissions or damaged shipments.
My Photo Book cannot be held responsible in any way for the quality of the photographs placed by The Customer into the products offered. It is for The Customer to ensure and determine that the quality of photograph taken and placed into the product is suitable before ordering and uploading the file to My Photo Book .
My Photo Book takes no responsibility for the colour of covers represented by a swatch block and description in the website as they act as a guideline only.
My Photo Book shall not be required to produce any matter which in their opinion is illegal or defamatory or obscene and retains the right to execute orders placed.
The Customer shall indemnify My Photo Book against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. My Photo Book gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall My Photo Book be liable for any direct, indirect, consequential or other loss including loss to third parties arising out of errors in carrying out an order placed or by delay in delivery, or by the suitability of goods for use as intended.
The Customer agrees to indemnify and hold My Photo Book , and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of content The Customer submits, posts to or transmits through the use of the My Photo Book service, The Customers use of the Service, The Customers connection to the Service, The Customers violation of the terms of service, or The Customers violation of the rights of a third party.
5. Delivery time
All orders are normally delivered within seven (7) working days after the payment of an order has been received. Delays in the delivery time can under no circumstances be used to cancel an order or to claim any compensation. Any order is subject to cancellation or variation by reason of Force Majeure from any cause whatsoever beyond My Photo Book’s control including inter alia: inability to secure labour, materials, power or supplies, or by reason of an Act of God, war, civil disturbance, riot, state of emergency, strikes, lockout or other labour disputes, fire, flood, drought or legislation.
Complaints regarding My Photo Book ’s services or the quality of the products must in made in writing and received by My Photo Book within seven (7) days of receipt of your print product. In order to receive replacement Customer must return the received product within 30 days (on their own expense) from the time when the ordered product delivery was taken.