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The small print

Terms of use

Introduction

  • This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our websites including but not limited to those whose URLs are www.photobox.co.uk and http://www.photobox.co.uk (our "websites"), whether as a guest or a registered user. The websites are operated by PhotoBox Ltd ("we", "our" or "us"). Please read these terms carefully before you start to use our websites. You may only use our websites (and the services provided through our websites) if you agree to these terms. Your continued use of our websites indicates your acceptance that these terms apply to our websites and your use of them.
  • Our websites provide access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not necessarily limited to:
    • the ability to upload digital images to our websites or to email digital images to us so that we can upload them to our websites on your behalf;
    • the ability to order prints of digital images that have been uploaded to our websites;
    • the ability to order other items on which we can print images that have been uploaded to our websites; and
    • the ability to order other products or services through our websites
  • Only persons aged 18 years or over may access our websites and use the services offered by us.
  • We may change, modify or revise these terms of use at any time by amending this page. The changes made to the terms will come into effect as soon as they are posted on our websites and your use of our websites (or of any services provided through our websites) will be subject to the amended terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our websites.

Your Account

  • Subject to these terms you may open an account with PhotoBox by completing the Registration Form. Once your registration has been accepted (and until your account is terminated) you will be able to upload images to our websites, email images to us for uploading to our websites on your behalf and (subject to agreeing any additional terms which are applicable) request services to be supplied by us (such as the printing of uploaded images).
  • During the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, PhotoBox may terminate your account at any time without notice.
  • Each registration is for a single user only.
  • You will also need to provide a password in order to access your account and the photos which have been uploaded to it. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
  • There is no charge for opening a PhotoBox account, however there may be charges for other products or services supplied by us. You will be notified of these charges at the time you request the products or services. When you place an order for products or services, for which there is a charge, you will need to supply us with your credit card and other personal details so that we may process the order for you. Any charges for the products or services requested will be billed to your credit card once the order has been accepted by us.
  • In the event that you supply invalid credit card details or details of a credit card that belongs to someone else, we reserve the right to terminate your account at any time without notice.

Images

  • You may upload digital images to our websites yourself or you can send the images to us by email for uploading to our websites. In either event images uploaded to our websites must be digital images in JPEG format. For further guidance and information on images and uploading please visit our Help pages.
  • Images uploaded by you or by us on your behalf will (subject to the restrictions in these terms) be available for viewing by you in a photo album accessible through your account using your email address and password.
  • You can share your albums and images with family and friends by allowing them to have access to your albums and images (your "guests"). You can do this either by:
    • using our websites to allow your albums to be accessed by any member of the public; or
    • using our websites to allow your albums to be accessed by guests who you have nominated by inputting their email addresses.
  • By sharing albums or photo creations you warrant that you have obtained all the necessary third party consents to permit you do so and further that the sharing of same does not infringe the rights of any third party.
  • Guests are permitted to buy printed items, submit comments and notify offensive material in respect of those photos which you have given them access to. We will not be responsible for any action taken by your guests who have been given access by you to your albums and images.
  • You should not nominate any guests if you do not wish to allow them to order printed items which use the images in your photo album.
  • You may delete images uploaded to our websites by you or by us on your behalf at any time.

What You Are Allowed To Do

  • You may access any part of our websites provided that it is not password protected. Access to some parts of our websites are only available if you have a valid password. You may not access these areas without a valid password.
  • Apart from your own images, you may only print off one copy of any individual page or part of a page of our websites per visit for your own personal use. You may print off as many copies of your own images as you wish.

What You Are Not Allowed To Do

  • You are not allowed to use our websites (or to copy or use any material from our websites) for any commercial purpose other than to conduct a commercial transaction with PhotoBox. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
  • You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material on our websites from any copies or printed items taken of material from our websites.
  • You are not permitted to register multiple accounts for use by the same person unless specifically authorised by us in writing. Breach of this clause may result in immediate suspension of your service.
  • You are not allowed to upload, email to us or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:
    • material which is defamatory of any person;
    • material which is pornographic, obscene, indecent or offensive;
    • material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • material that is likely to incite hatred or violence against any person or group;
    • material that is likely to deceive any person;
    • blasphemous material;
    • material which concerns or relates to any criminal act;
    • material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
    • material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
    • material which is threatening, abusive or invades another’s privacy, causes annoyance, inconvenience or needless anxiety;
    • material which is likely to harass, upset, embarrass, alarm or annoy any other person;
    • material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    • material which gives the impression that it emanates from us, if this is not the case;
    • material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
    • material that breaches any applicable laws or legislation.

Uploaded content and images

  • Although we prohibit the uploading of certain types of image to our websites, we cannot control, nor do we monitor the use of our websites. It is possible that images or other material may appear on our websites which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on our websites please contact us without delay.
  • We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to our websites including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
  • We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
  • We may refuse to provide any further services to anyone who breaches these terms of use.
  • You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
    • any use by you or your guests of our websites in breach of these terms,
    • any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
    • any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Rights

  • You retain all intellectual property rights, including copyright, in those images that you have uploaded to our websites or emailed to us where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in our websites.
  • We may delete, remove or refuse to display any material from your photo album at our sole discretion.
  • We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the services offered by us through our websites subject to these terms.
  • It is a condition of allowing you to use our websites and any services offered through it that you have the right to copy, upload or otherwise deal with those images in relation to our websites and to allow us to process and otherwise deal with those images in accordance with these terms.
  • You may not upload, email to us, request us to print, or otherwise deal in relation to our websites, with any images or other material where you do not have the right to do so or allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

Operation of the Website

  • We may change the format and content of our websites (or any products or services offered by our websites) at any time.
  • We may terminate or suspend the operation of our websites (or terminate or suspend provision of any products or services offered through our websites) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
  • You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our websites.

Data Protection

  • Personal data provided to us through our websites will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.

Services/Products

  • Once you have placed an order for any products or services through our websites (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
  • The decision as to whether to accept any order from you is at our sole discretion.
  • In the event that printed items are produced and prior to dispatch are then discovered to be in breach of these terms, we will not dispatch the printed items to you or to any guest who ordered the printed items. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the printed items had been dispatched.
  • Unfortunately, credits are non-refundable so therefore can't be exchanged or refunded.
  • To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of printed items, to those stated on our websites.
  • Free printed items may be offered from time to time as part of a promotion or competition. Qualifying sizes for free photographic prints are 6"x4", 6"x4.5" and 5"x3.75". Free printed items can only be claimed as part of an online order through our websites. Postage and packing charges will still apply and will need to be paid by credit or debit card or from your account, unless otherwise stated.
  • Offer codes may be published from time to time as part of a promotion. Offer codes may provide a number of free printed items or a discount on part of an order. Offer codes can only be used for online orders placed through our websites. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if applicable will be published with the relevant offer code.
  • We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.

Cancellation

  • You may cancel your account by contacting us by email or by post. You may be asked to provide further proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter.
  • We may cancel your account without notice at our sole discretion.
  • Once your account is cancelled, your photo album will be removed from our websites and your password will no longer enable access to the password protected areas of our websites.

Questions, concerns or complaints

  • If you have any questions, concerns or complaints about material which appears on our websites, please contact us.
  • Complaints or claims must be notified to us within 28 days of receipt of products, or in the case of non-delivery, in a reasonable time after the products were expected to arrive.

Law and Jurisdiction

  • These terms (and the provision of products and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any products and services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.
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