Terms of Use

Welcome to FreePrints Photobooks by PlanetArt (“PlanetArt,” “our,” “us” or “we”)! Your access, downloading, installation and/or use of this website (the “Site”) and/or our services, including without limitation our desktop and mobile applications (the “Services”), means that you have read and agree to all of the terms of use set forth below (the “Terms”). These Terms are a legal agreement between us and you. If you do not agree with these Terms, then do not access the Site or use the Services. If you have any questions, please contact us by email at pbsupport@freeprintsapp.com

Registration

You will need to register and set up a user account to use the Site and/or the Services. By doing so, you represent and warranty that (a) you are at least 18 years of age and (b) you have provided us with true, accurate and current information about yourself during the registration process (including your name and valid email address). You agree to provide and maintain true, complete and current account information, and your email address must remain valid as long as your account remains active. Registration data and other information that you provide are governed by our Privacy Policy. You may not access or use the Site or Services in any manner if you are younger than 18 years old.

You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or log-off from your account at the end of each session of use. Your password is confidential, and you may not give it to anyone else. You will notify PlanetArt immediately of any unauthorised use of your account or password or any other breach of security that is known or suspected by you.

Mobile Services

The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services, (ii) the ability to browse the Services and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.

User Conduct and Your Content

The Site, Services and products (“Products”) that we offer are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Site, Services or Products except as may be permitted by these Terms, and you may not access or use the Site or the Services for any commercial purpose whatsoever. Any use of the Site or the Services other than as specifically authorised in these Terms is strictly prohibited. All rights not expressly granted in these Terms are hereby expressly reserved by PlanetArt.

In accessing and using the Site and the Services, you may submit to us your own images, photographs, text or other content (collectively “Your Content”). By submitting Your Content to us, you give us permission to store Your Content on our servers and use your content for the limited purpose of providing the Site and Services. We will not use Your Content to market, promote or advertise the Site or Services without your express written permission. You represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services.

You are solely responsible for Your Content that you stream, upload, post, publish, display, email or otherwise transmit or use (hereinafter, “transmit”) via the Site or the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content from the Site or Service, suspending or terminating the account of such violators and reporting the violators to appropriate law enforcement authorities. As a condition for accessing and using the Site or Service, you agree not to use the Site or Services to:

  1. Transmit any content that (a) is unlawful, threatening, abusive, harassing, tortious, violent, defamatory, libelous, slanderous, vulgar, obscene, pornographic (involving minors and otherwise), hateful or abusive, or is otherwise similarly objectionable; (b) poses or creates a privacy or security risk to any person; (c) constitutes unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes or any other form of solicitation; (d) characterises any unlawful activity as acceptable, glamourous or desirable; or (e) denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged; or (f) contains images or the likeness of minors without the consent of a parent or legal guardian;
  2. Harass any other user of the Services or to impersonate another person by any means including by using her/his email account, address or password, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. Violate any applicable local, state, national or international law, regulation or rule;
  4. Transmit or make available any content that you do not have the lawful right to transmit, that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trade secret, trademark, service mark or patent rights), or that would violate any person’s right of privacy or publicity;
  5. Engage in any conduct that would interrupt, destroy, limit or harm the Site and/or the Services or enable you to gain unauthorised access to the Site or the Service, including without limitation by using viruses, Trojan horses, worms, malicious computer code, programs or files;
  6. Reproduce, copy, sell, or commercially use (including the right to access) the Site or the Service;
  7. Solicit personal information from anyone under the age of 18;
  8. Harvest or collect email addresses or other contact information of other users from the Site or Services by electronic or other means; or
  9. Further or promote any criminal activity or provide instructional information about illegal activities.

In case of any violation of the above, and without limitation, we reserve the right to terminate your account and/or to block you from accessing the Site and Services and to disclose any information necessary to comply with any law, regulation, rule or governmental request.

PlanetArt Intellectual Property

You acknowledge and agree that the Site and Services contains software and content (“PlanetArt Intellectual Property”) that is protected by copyright, patent, trademark, trade secret and/or other laws, regulations and rules and owned by PlanetArt and/or its licensors and affiliates.

Without limitation, we own the PlanetArt and FreePrints Photobooks trademarks and logos and all of our other trademarks and logos used in connexion with the Site and Services (the “PlanetArt Trademarks”). Nothing in these Terms or otherwise grants any licence or right to use any of the PlanetArt Trademarks without our prior written permission in each instance. You may not delete, change or modify in any way the copyright, trademark or other intellectual property notices contained in the Site and the Services. All goodwill generated from the use of PlanetArt Trademarks will inure to our exclusive benefit.

The use of prints, images or screen captures from the Site and Services is limited to your personal non-commercial use. You may not use any data mining, robots, scraping or similar data gathering or extraction methods in connexion with your use of the Site or Services. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, or otherwise transfer any right in the PlanetArt Intellectual Property.

Third Party Intellectual Property

The images, photographs, templates, designs and other content (collectively, the “Third Party Content”) contained in our Site and Services may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorised to use them by their owners. You may not use any third party intellectual property without such express authorisation.

User Content Transmitted To or Through the Site and Services

We will need to work with Your Content in order to provide you with the Site and the Services. For example, we may need to copy, display, modify and transmit Your Content, and will distribute Your Content when shipping the Products to you. You are giving us permission to do this and, because we are using Your Content to provide you with the Site and the Services, you will not charge us any royalty. The permission you are giving us is worldwide in scope, and non-exclusive. We will retain Your Content on our servers so that it will be available for your future use. This will make it easier for you to reprint entire orders or individual photos and to order enlargements of your photos because you will not need to upload Your Content again. PlanetArt agrees that its use of Your Content will be limited to the scope of the Services it provides. And rest assured that we will never use Your Content to market, promote or advertise the Site or Services to others without your express written permission.

Information You Provide to PlanetArt

Any questions, comments, suggestions, ideas, feedback or other information about the Site or Services (“Submissions”) provided by you to PlanetArt are non-confidential, and PlanetArt will be entitled to the unrestricted use and distribution of these Submissions for any purpose, without acknowledgment or compensation to you.

Practices Regarding Use and Storage

PlanetArt may preserve Your Content and may also disclose Your 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, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PlanetArt, its users or the public.

PlanetArt may establish practices and limits concerning use of the Site and Services, including without limitation the maximum period of time that data or other content will be retained by the Site and Services and the maximum storage space that will be allotted on PlanetArt's servers on your behalf. PlanetArt will have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or on the Site or the Services. You acknowledge that PlanetArt reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that PlanetArt reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Third Party Services

You may enable various online services, such as social networking sites, to be directly integrated into your PlanetArt experience. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Services, you are allowing and authorising us (a) to pass your log-in information to these service providers for this purpose and (b) to receive information and content (including but not limited to content such as photographs) from such third party services. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and PlanetArt will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

Third Party Sites/Products

From time to time, the Site and Services may include links to third party sites or products that we think may be of interest to you. We make no representations or warranties concerning such third party sites or products, and your use of and communications with such third party sites and products will be governed by the policies and rules of such third parties. Accordingly, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party sites or products.

Money Back Guarantee

We want you to be 100% satisfied with your FreePrints Photobooks experience. If within the first 30 days you are not completely satisfied with your order, we will either (a) provide a replacement in the case of a defect or (b) in all other cases issue a complete refund.

Indemnity

You will defend and hold harmless us and our owners, directors, officers, employees, representatives, agents and affiliates against any third party claim, action, suit or proceeding that arises from, is based on or connected with Your Content or your access of the Site or use of the Services, and indemnify us for all losses, damages, expenses, and costs (including reasonable attorney's fees and costs) incurred by us in connexion with any such claim, action, suit or proceeding.

Payments

To the extent the Site or Services or any portion thereof is made available for any fee or charge (including without limitation shipping and handling charges), you will be required to select a form of payment and provide PlanetArt information regarding your credit card or other form of payment authorised by PlanetArt. You represent and warrant to PlanetArt that such information is true and that you are authorised to use the selected form of payment. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PlanetArt all fees and charges incurred in accordance with the authorised form of payment and these Terms. If you dispute any fees or charges you must let PlanetArt know within sixty (60) days after the date that PlanetArt invoices you.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH PLANETART ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. PLANETART HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE AND FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OPERATE ON OR WITH ANY PARTICULAR HARDWARE, PLATFORM OR SOFTWARE, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY, AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY PLANETART OR PLANETART'S REPRESENTATIVES SHALL BE DEEMED TO CREATE A WARRANTY.

Limitation of Liability

PLANETART SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL PLANETART BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT PLANETART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. PLANETART SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. PLANETART’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SITE AND THE SERVICES IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL PLANETART'S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY POUNDS (£50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO PLANETART FOR THE SERVICES OR PRODUCTS IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, PLANETART'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE STRONGLY SUGGEST THAT YOU DO NOT POST ORIGINAL FILM, PRINTS OR NEGATIVES TO PLANETART WITHOUT RETAINING A COPY FOR YOUR RECORDS. IF YOUR FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, PLANETART'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.

Copyright

We respect the intellectual property rights of others and ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at pbsupportuk@freeprintsapp.com

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
  4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf;
  5. your address, telephone number, and email address; and
  6. an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination of Account

You may terminate your account at any time. If you violate these Terms, we reserve the right to limit your access to the Site and Services or terminate your account. You agree that any termination of your access to the Site and Services and deactivation of your account under any provision of these Terms may be effected without prior notice, and that we may immediately delete all related information, files and content in your account. We will not be liable in any manner for such termination and deactivation.

Privacy Policy

The terms of our Privacy Policy are hereby incorporated by reference into these Terms.

General

We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Any updates, new services or any modifications of existing Services will be governed by the Terms. The continued use of the Site or Services following the posting of changes to the Terms constitutes your acceptance to such changes. We strongly encourage you to periodically review these Terms. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services and discard Your Content at any time without notice.

We reserve the right to modify or discontinue, temporarily or permanently, the Site and the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Any communication we receive from you will be considered NOT to be confidential. By sending PlanetArt any information (other than information we may agree to keep confidential under our Privacy Policy), you grant us an irrevocable universal licence to use, distribute and otherwise exploit that information and agree that we are free to use any ideas, know-how, techniques or concepts that you send to us.

All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products will be resolved under English law, irrespective of its choice of law rules. The courts of England shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising from the Terms or Services.

These Terms constitute the entire agreement between you and us governing your use of the Site, Services and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.

The waiver of any right under these Terms will not operate as past, present or future waiver of that right or of any other right. No waiver shall be effective in any case unless acknowledged and agreed to by us in writing.

If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.

No joint venture, partnership, employment, or agency relationship exists between you and PlanetArt as a result of these Terms or the use of the Site or Services. FreePrints has the right to assign any or all of its rights and obligations under these Terms at any time; however, all rights that you may have under these Terms or otherwise in and to the Site and Services may not be assigned by you without the express written consent of PlanetArt.

Acknowledgements - Android

ActionBarSherlock - Copyright 2012 Jake Wharton. SlidingMenu - Copyright 2012 Jeremy Feinstein. ActionBarSherlock, SlidingMenu. HoloEverywhere is licensed under the LGPLv3.

LICENCED FONT SOFTWARE

Copyright © 2013, Juan Pablo del Peral (juan@huertatipografica.com.ar), with Reserved Font Names 'Alegreya Sans'; Copyright © 2014, Indian Type Foundry (info@indiantypefoundry.com), with Reserved Font Names 'Hind'; Copyright © 2015, Cadson Demak (info@cadsondemak.com), Copyright © 2014, Pablo Impallari (www.impallari.com|impallari@gmail.com), with Reserved Font Names 'Itim'; Copyright © 2011-2013, Cyreal (www.cyreal.org a@cyreal.org), with Reserved Font Name 'Lora'; Copyright © 2015 by Vernon Adams (plus.google.com/+vernonadams/about), with Reserved Font Name 'Niconne'; Copyright © 2010-2012 by Claus Eggers Sørensen (es@forthehearts.net), with Reserved Font Name 'Playfair'; Copyright © 2013, Tiro Typeworks Ltd (www.tiro.com), with Reserved Font Name 'Slabo 13px'.

The Font Software is licenced under the SIL Open Font Licence, Version 1.1.

This licence is copied below, and is also available with a FAQ at: http://scripts.sil.org/OFL

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SIL OPEN FONT LICENCE Version 1.1 - 26 February 2007
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PREAMBLE

The goals of the Open Font Licence (OFL) are to stimulate worldwide development of collaborative font projects, to support the font creation efforts of academic and linguistic communities, and to provide a free and open framework in which fonts may be shared and improved in partnership with others.

The OFL allows the licenced fonts to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. The fonts and derivatives, however, cannot be released under any other type of licence. The requirement for fonts to remain under this licence does not apply to any document created using the fonts or their derivatives.

DEFINITIONS

“Font Software” refers to the set of files released by the Copyright Holder(s) under this licence and clearly marked as such. This may include source files, build scripts and documentation.

“Reserved Font Name” refers to any names specified as such after the copyright statement(s).

“Original Version” refers to the collection of Font Software components as distributed by the Copyright Holder(s).

“Modified Version” refers to any derivative made by adding to, deleting, or substituting -- in part or in whole -- any of the components of the Original Version, by changing formats or by porting the Font Software to a new environment.

“Author” refers to any designer, engineer, programmer, technical writer or other person who contributed to the Font Software.

PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining a copy of the Font Software, to use, study, copy, merge, embed, modify, redistribute, and sell modified and unmodified copies of the Font Software, subject to the following conditions:

  1. Neither the Font Software nor any of its individual components, in Original or Modified Versions, may be sold by itself.
  2. Original or Modified Versions of the Font Software may be bundled, redistributed and/or sold with any software, provided that each copy contains the above copyright notice and this licence. These can be included either as stand-alone text files, human-readable headers or in the appropriate machine-readable metadata fields within text or binary files as long as those fields can be easily viewed by the user.
  3. No Modified Version of the Font Software may use the Reserved Font Name(s) unless explicit written permission is granted by the corresponding Copyright Holder. This restriction only applies to the primary font name as presented to the users.
  4. The name(s) of the Copyright Holder(s) or the Author(s) of the Font Software shall not be used to promote, endorse or advertise any Modified Version, except to acknowledge the contribution(s) of the Copyright Holder(s) and the Author(s) or with their explicit written permission.
  5. The Font Software, modified or unmodified, in part or in whole, must be distributed entirely under this licence, and must not be distributed under any other licence. The requirement for fonts to remain under this licence does not apply to any document created using the Font Software.

TERMINATION

This licence becomes null and void if any of the above conditions are not met.

DISCLAIMER

THE FONT SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM OTHER DEALINGS IN THE FONT SOFTWARE.

Rev 2.15.16