Terms and Conditions- Foto First Photobook Software
1. Acceptance of orders
All orders are accepted according to these terms and conditions. By using the Foto First Photobook software or website you accept these terms and conditions.
After processing an order, the uploaded file is only kept on the Foto First Photobook 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 Foto First Photobook. All rights are reserved worldwide. It is strictly prohibited to redistribute copy or republish any of the material and software contained on the Foto First Photobook 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. Foto First Photobook also state that The Customer cannot use explicit language or pornography on printed materials and merchandise.
Foto First Photobook reserves the right to not print any photobook or product that it deems as explicit or obscene. Foto First Photobook will not refund monies paid for these products.
The Customer is responsible for the content of their product/s that they submit to Foto First Photobook for printing. Foto First Photobook 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 Foto First Photobook. 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. Foto First Photobook 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 Foto First Photobook 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 Foto First Photobook does not pre-screen content, but that Foto First Photobook 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 Foto First Photobook 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 Foto First Photobook, its users and the public.
3. Use of the Software
The Foto First Photobook software may only be used to compose and order a photo product offered by Foto First Photobook. The Customer or any representative of The Customer is forbidden to decompile the software, undertake, cause, permit or authorize 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.
4. Liability
Foto First Photobook 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 South African Post Office or Foto First Photobook couriers to locate and deliver the product to The Customer. Foto First Photobook is not responsible for 3rd party shipping errors, omissions or damaged shipments.
Foto First Photobook 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 Foto First Photobook.
Foto First Photobook 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.
Foto First Photobook 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 Foto First Photobook against any claims, costs and expenses arising out of infringement of copyright, trademark, patent or design. Foto First Photobook gives no warranty, express or implied, concerning the suitability of the goods supplied for any purpose whatsoever nor shall Foto First Photobook 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 Foto First Photobook, 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 Foto First Photobook 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 fifteen (15) 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 Foto First Photobook’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.
6. Guarantee
Complaints regarding Foto First Photobook’s services or the quality of the products must be made in writing and received by Foto First Photobook 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.
