Conditions of Use for Users and Recipients
USER TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the HotPrints application (the "Application") on http://www.hotprints.com or other third party web sites or devices (the relevant one being the "Publisher").
These terms of use apply to:
1. all users of the Application - e.g. individuals who upload photographs to be included within a print product - the "Users"; and
2. all recipients of the Services - e.g. individuals who order the print products through the Application, such individuals either being the Users themselves or invitees of the Users - the "Recipients ".
Please read these terms of use carefully before you start to use the Application and/or the Services. By using the Application and/or the Services, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Application and/or the Services.
Certain of the Services that are provided on the Application are provided free of charge. This is because we are able to fund the provision of such Services through carefully selected marketing printed on the print products ordered through the Application. Your use of the Services is subject to your agreement to receive such marketing communications and this is further explained below.
1- Information about us
The Application is operated by HotPrints Limited (we, us ). We are registered in England under company number 6536312 and have our operating office at St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS.
2- Conditions of Use for Users and Recipients
2.1- As a User of the Application, you undertake in relation to all images and all other materials that you upload onto the Application that:
2.1.1- you have obtained the consent of all individuals in such images and that uploading such images onto the Application will not infringe the privacy of any individual; and
2.1.2- the uploading of the images and materials onto the Application and any subsequent publication of such images does not infringe the intellectual property rights of any third party.
2.2- Where you are a User of the Application and you decide to invite Recipients to view and/or order your print product, you undertake to obtain the consent of the relevant individual to be contacted by you through the Application.
2.3- All Users or Recipients:
2.3.1- shall ensure that your use of the Application and/or the Services is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body;
2.3.2- acknowledge that your use of certain of the Services and/or the Application is conditional upon your consent to receiving marketing e-mails or marketing material contained in the print product as further described in Paragraph 4.2 (Services) ;
2.3.3- must not use the Application and/or the Services:
2.3.3.1- in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;
2.3.3.2- in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety;
2.3.3.3- for any unlawful purpose whatsoever, including fraud or terrorism;
2.3.3.4- in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including uploading pornographic, obscene or indecent material onto the Application);
2.3.3.5- in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy;
2.3.3.6- in any way which promotes discrimination or is likely to incite hatred;
2.3.3.7- in conjunction with any commercial purpose; or
2.3.3.8- in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.
2.4- We may delete or remove any image that has been uploaded in breach of these terms of use and/or we may refuse to process any order for print products.
3- Accessing the Application for Users and Recipients
3.1- Access to the Application is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason the Application is unavailable at any time or for any period.
3.2- From time to time, we may restrict access to some parts of the Application, or our entire Application, to Users or Recipients.
3.3- You are responsible for making all arrangements necessary for you to have access to the Application. You are also responsible for ensuring that all persons who access the Application through your internet connection are aware of these terms and that they comply with them.
4- Introduction to the Services
4.1- We provide a range of services (the "Services ") which include but are not limited to the following:
4.1.1- the ability to upload digital images onto the Application to create a print product of such digital images and to order hard copies of the print products; and
4.1.2- the ability to send invites to family and friends to access your print products and images on the Application (subject to them accepting these terms of use) and for such Recipients to order hard copies of the print products.
4.2- By using the Application and/or Services, you, as User or Recipient, expressly consent to us sending you marketing e-mails for the duration of your use of the Application and/or the Services. You may withdraw your consent to receiving marketing e-mails at any time.
4.3- As a Recipient of a print product, you have the option to: (i) pay to receive the print product without any marketing material printed within the print product; or (ii) order the print product free of charge with marketing material printed within the print product. Where you order a print product which is sent to you free of charge, you expressly consent to marketing communications printed on the print products.
4.4- As part of registering for the Services, you will be asked to provide a username and password. The username, password or any other piece of information are provided as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. You will be responsible for any losses incurred as a result of unauthorised access due to a failure to keep your username and password secure. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
4.5- The use of the Application and/or the Services is subject to us verifying to our satisfaction your identity in accordance with these terms of use.
5- Ordering of print products
5.1- After placing an order for a print product, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
5.2- All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the print product has been dispatched.
5.3- Your order will be fulfilled within 30 days of the date of the confirmation, unless there are exceptional circumstances.
5.4- The print products will be at your risk from the time of delivery.
6- Price and Payment
6.1- You may elect to receive a print product without marketing material if you pay the price set out in the Application.
6.2- The price of any print products will be as quoted on the Application from time to time, except in cases of obvious error.
6.3- These prices exclude VAT and delivery costs, which will be added to the total amount due.
6.4- Despite our best efforts, some prices listed on the Application may be incorrect. We are under no obligation to provide the print product to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7- Verification and Consent
7.1.1- In order to permit you to use the Services, you warrant that the following information is correct:
7.1.2- where you are under 16 years old, you have the consent of your parent or guardian to using the Application and/or Services;
7.1.3- all information provided as part of your use of the Application and/or Services is true and accurate in all material respects; and
7.1.4- you have read the Publisher terms of use as published on the Publisher website and you have complied fully with them.
8- Suspension and Termination
8.1- We may suspend or terminate your use of the Application and/or the provision of the Services:
8.1.1- if we believe that your use of the Application and/or the Services may cause us to be in breach of our regulatory requirements;
8.1.2- if you are in breach of any of the material terms of these terms of use and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or
8.1.3- at any time on 14 days written notice.
8.2- You have the right to terminate or suspend the Services at any time by electing to do so on the Application or via e-mail.
8.3- Termination or suspension of the Services shall not affect any right of action or remedy which arose prior to such termination or suspension.
8.4- Upon termination or suspension we will cease the provision of the Services to you.
9- Events outside our control
We shall not be liable for any delay or failure to perform any of our obligations under these terms of use insofar as the performance of such obligations is prevented by an event or by matters beyond our reasonable control.
10- Warranties and disclaimers in relation to our provision of the Services
10.1- Subject to the express terms set out in these terms of use and to the maximum extent permitted by applicable law, we hereby disclaim all other warranties, terms and conditions, either express, implied or statutory in relation to the Application and provision of the Services.
10.2- The Application and the Services are provided on an "AS IS" basis and:
10.2.1- you acknowledge that the Application may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these terms of use;
10.2.2- you remain responsible for your own hardware, images and any other data uploaded onto the Application and you remain solely responsible for making back-ups to protect you images and any other data contained on your account;
10.2.3- we accept no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the Services, provided always that we will maintain security policies and procedures in accordance with good industry practice; and
10.2.4- we accept no responsibility for any liability that arises in connection with the theft of your username or password by unauthorised third parties.
11- Liability and Indemnity
11.1- The material displayed on the Application and the provision of the Services is provided without any guarantees, conditions or warranties as to its accuracy. Although strictly prohibited, images may be displayed on the Application which are unlawful or offensive. If you become aware of this you agree to contact us without delay. To the extent permitted by law, we and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of the use of or access to the Application or Services (which includes without limitation) any errors or omissions contained in the Application and/or the Services or if the Application or Services are unavailable and we shall not be liable for any direct or indirect:
- 11.1.1- economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings);
- 11.1.2- loss of goodwill or reputation; or
- 11.1.3- special, incidental, indirect consequential loss or damage,
suffered or incurred arising out of or in connection with your use of the Application, the Services and these terms of use.
11.2- To the maximum extent permitted by law, our maximum aggregate liability under or in connection with your use of the Application and/or Services, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to £100.
11.3- Nothing in these terms of use shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
11.4- As a User, you agree to indemnify us against all costs, liabilities, expenses, losses or damages which we may sustain or incur in connection with:
11.4.1- any claim of any nature that any of the images or other materials uploaded by you or on your behalf and/or subsequently printed on a print product infringes the intellectual property rights of any third party;
11.4.2- any claim of any nature that any of the images or other materials uploaded by you or on your behalf and/or subsequently printed on a print product infringes the privacy of any individual; and
11.4.3- any claim relating to your failure to obtain the consent of any Recipient to being contacted by you through the Application.
12- Intellectual property rights
12.1- You warrant that you have read the Publisher copyright policy as published and updated on the Publisher website from time to time and agree to comply fully with it. In the event of conflict between these terms of use and the Publisher copyright policy the latter shall prevail. You agree to take whatever actions are necessary or are requested by us to enable us to comply with these terms of use, the Publisher copyright policy and the take down provisions of applicable laws and regulations.
12.2- You shall retain all intellectual property rights arising from the images and any other materials that you own and upload onto the Application. We shall have the right to use, copy, distribute, print and disclose to third parties any images uploaded by you and any other materials for the purpose of providing the Services. For the avoidance of doubt, our right to use your images and intellectual property rights shall continue in perpetuity regardless of whether you terminate your use of the Services.
12.3- We are the owner or the licensee of all intellectual property rights in the Application, and in the material published or provided to you as part of the Services, including but not limited to:
12.3.1- patents, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;
12.3.2- all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognised in the future; and
12.3.3- applications, extensions and renewals in relation to any of these rights.
12.4- With the exception of images of you, you may print off one copy of any page(s) from the Application per visit for your personal reference and you may draw the attention of others within your organisation to images and other material posted on the Application. You may print off as many copies of your own images as you like.
12.5- Our status (and that of any identified contributors) as the authors of material on the Application must always be acknowledged.
12.6- You must not use any part of the materials on the Application for commercial purposes.
12.7- If you print off, copy or download any part of the Application in breach of these terms of use, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13- Reliance on information posted
Commentary and other materials posted on the Application are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Application, or by anyone who may be informed of any of its contents.
14- The Application changes regularly
We aim to update the Application regularly and may change the content at any time. If the need arises, we may suspend access to the Application, or close it indefinitely. Any of the material on the Application may be out of date at any given time and we are under no obligation to update such material.
15- Information about you and your visits to the Application
We process information about you in accordance with our
privacy policy. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.
16- Viruses, hacking and other offences
16.1- You must not misuse the Application and/or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application. You must not attack the Application via a denial-of-service attack or a distributed denial-of service attack.
16.2- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Application and/or Services will cease immediately.
16.3- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of the Application or Services or to your downloading of any material posted on it, or on any Application linked to it.
17- Linking to the Application
17.1- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.2- You must not establish a link from any Application that is not owned by you.
17.3- The Application must not be framed on any other site, nor may you create a link to any part of the Application other than the home page. We reserve the right to withdraw linking permission without notice.
18- Links from the Application
Where the Application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
19- Jurisdiction and applicable law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, your use of this Application and/or Services although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country. These terms of use are governed by the laws of England and Wales.
20- Other general provisions
20.1- We may revise these terms of use at any time by amending this page or the documents referred to with in it. You are expected to check this page and the e-mail account you use to register on the Application regularly to take notice of any changes, as they will be binding on you from the date on which they are posted on this page or, if they relate to your use of the Services, from the date on which we give you notice of the change via e-mail.
20.2- You may not transfer or assign your rights or obligations in relation to your use of the Application or the Service without our prior written permission. We may transfer or assign our rights and/or obligations. If we do so, we will provide you with written notice of the transfer or assignment.
20.3- The failure to exercise, or delay in exercising, a right, power or remedy provided by these terms of use or by law shall not constitute a waiver of that right, power or remedy.
20.4- If any provision, or part of a provision, of these terms of use, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these terms of use, and the legality, validity or enforceability of the remainder of the provisions of these terms of use shall not be affected, unless otherwise required by operation of applicable law.
20.5- These terms of use represent an agreement between you as User or Recipient of the Application and/or the Services and us as service provider, and no other person can enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999.
20.6- These terms of use constitute the entire agreement between you and us in relation to the use of the Application and/or the Services, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
21- Contact
21.1- If we need to contact you, we will do by post or e-mail sent to the address or e-mail address provided by you. You must notify us if you change your address or e-mail address.
21.2- If you have any concerns about material which appears on the Application or wish to contact us for any other reason, please contact info@hotprints.com
|
