These Terms set out your rights and obligations, and those of River Digital Limited trading as iPrintPhoto ("we" or "us"), in relation to www.iPrintPhoto.co.uk (the "Site"), any iPrintPhoto application that you access (the "Editor") and any goods or services available through, and material of any kind accessible or relating to, the Site, the Editor or us (the “Services”). When we refer to "iPrintPhoto" in these Terms, we mean us, the Site, the Editor and/or the Services, according to the context.
It is your responsibility to read and understand these Terms before using iPrintPhoto. By registering with iPrintPhoto, you accept that you are entering into a contract with us under these Terms. People who register for iPrintPhoto establish an "Account", and become "Users". Visitors to iPrintPhoto who do not become Users, but who nevertheless use the Site, agree that they are bound by these Terms each time they access iPrintPhoto. You should be aware that these Terms may change from time to time in accordance with Clause 20 below.
2. Obtaining an Account and providing a Payment Method
If we ask you to provide some information about yourself when you register for iPrintPhoto, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will be passed to a third party merchant in order to securely process your payment. iPrintPhoto do not capture or store any payment details. If we are informed by the third party merchant that they suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, iPrintPhoto may terminate your Account at any time without notice. You may not register as a User if you are under 13 years of age.
3. Using iPrintPhoto
iPrintPhoto provides Users with the facility to upload and store digital images (each an “Image”), and to access those Images through the User’s Account. All Images must meet our Image specifications, which may be changed by us from time to time. iPrintPhoto also offers Users the ability to order personalised products and services which bear Users’ Images on or within them.
We reserve the right to add or remove Products from our Services at any time. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, Editor and device usage skills to make use of our Services. Although we incur cost in providing you with the facility to store and access your Images and other User Content with iPrintPhoto (your “Image Storage”), we don’t charge you for Image Storage. However, we reserve the right to withdraw your Image Storage if you have not purchased a personalised Product from us through your Account at least once in any given twelve month period.
4. Your Images
iPrintPhoto allows you to access your Images through your Account. However, please note that we provide Image Storage at no cost in order to facilitate Users’ creation and purchase of personalised Products bearing their Images. Accordingly, we do not permit Users to store their Images other than for those purposes. We do not currently apply a fixed limit to the volume of Images which may be uploaded provided you comply with our reasonable fair use requirements. Those fair use requirements would be breached by, for example:
Should you breach our fair use requirements, we may suspend your Account, cease to provide you with Image Storage and/or delete your Images and other User Content from our systems.
We reserve the right to make changes to Images which are intended to improve their storability, including but not limited to compression, size reduction and downscaling and format conversion. We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination. We use reasonable commercial endeavours in our provision of Image Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide. Images and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 8). Our policies concerning the storage of Images and User Content may change from time to time. If an Image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Products. We have rules about User Content, and these apply to the content of Images (see Clause 5 below) (“Content Rules”); if you breach our Content Rules, we may – amongst other things – terminate your Account. If your Account is terminated, we may delete all Images associated with that Account, so that they will no longer be accessible. If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through iPrintPhoto or being used in connection with Products. You are advised to keep back-ups of all of your User Content, including backup copies of Images. We do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control). If we actively decide that we are to cease hosting Images or other User Content, we will give you reasonable advance notice (of at least three months’ duration) to permit you to make alternative arrangements.
5. User Content and Content Rules
Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with iPrintPhoto are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. Each User shall ensure that his/her User Content does not:
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and Editor. It is possible that Images or other User Content may be accessible through our Site and Editor which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or Editor please contact us here. We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.
6. Terms of purchase for Products
A contract between a User and iPrintPhoto for the purchase of a Product is created as follows. The User places the order for a Product on the Site or Editor by pressing an order confirmation button at the end of the checkout process. By confirming your order, you are agreeing to purchase the Product you have selected. At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a confirmation email detailing your order for the Product, and other information we must provide to you.
Note that iPrintPhoto may reject an order in certain circumstances, namely:
If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. Orders for personalised products may not be cancelled or amended once accepted by iPrintPhoto.
7. International use of iPrintPhoto
You must ensure that you comply with the laws that Apply to you and your use of iPrintPhoto, including as to User Content, the Images that may be viewed and the Products that may be bought through iPrintPhoto. That use may be prohibited or restricted in various jurisdictions.
8. Closure of Accounts
You may choose to cancel your Account at any time by emailing your closure request to hello@iPrintPhoto.co.uk. You may be asked to provide further proof that you are the holder of the Account. Accounts are provided at the sole discretion of iPrintPhoto and may be closed (“terminated”) by iPrintPhoto without notice or explanation; reasons for such a closure include but are not limited to breaches of Content Rules by Users, any attempt to use a Payment Method that the User is not entitled to use or other breaches of these terms. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result.
9. Intellectual Property
By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through iPrintPhoto and any other interactive services through which iPrintPhoto (or a service based on iPrintPhoto) is accessible for the purpose of performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to iPrintPhoto or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to iPrintPhoto (including, without limitation, User Content associated with Users other than you) are owned by, or licensed to, us. You may use and access iPrintPhoto and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from iPrintPhoto, or any of the material which is found on iPrintPhoto unless properly licensed to do so by us. You are not allowed to use iPrintPhoto (or to copy or use any material found on iPrintPhoto) for any commercial purpose other than to conduct the purchase of a Product from iPrintPhoto. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from iPrintPhoto. No-one may use any robot, spider, scraper or other automated means to access iPrintPhoto for any purpose without our prior express written permission.
11. Our Role
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access iPrintPhoto, (b) your use of all of part of the Services, (c) to remove from access via iPrintPhoto any User Content associated with a User or his/her Account, (d) to warn Users and other users of iPrintPhoto against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using iPrintPhoto if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any government department or agency, or any regulator, court or other competent authority.
13. Contact from third parties.
If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:
14. Additional services.
15. Operation of iPrintPhoto
We reserve the right to withdraw or modify all or part of the Services or iPrintPhoto where we have legal or commercial reasons to do so. There may be times when the operation of iPrintPhoto is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by iPrintPhoto, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to iPrintPhoto or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of iPrintPhoto. For security or other reasons, we may require you to change your password or other information which facilitates access to iPrintPhoto; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We use reasonable care and skill to provide iPrintPhoto in accordance with our specifications for iPrintPhoto but the Services are provided "as is" and we cannot and do not guarantee that iPrintPhoto or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through iPrintPhoto. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, iPrintPhoto will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms.
You agree to indemnify iPrintPhoto, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:
We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of iPrintPhoto assign or dispose of these Terms or any of your rights and obligations under it.
19. Entire Agreement
These Terms are intended to contain your entire agreement with us relating to your use of and access to iPrintPhoto; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to iPrintPhoto.
20. Changes to these Terms
We reserve the right to change these Terms from time to time, and post the new version on iPrintPhoto. The new version of these Terms will take effect commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and iPrintPhoto. For the avoidance of doubt, we will not have any liability to you in that event.
If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. We don't separately file the Terms entered into by Users when they register for iPrintPhoto. You can access them at here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.
These Terms, the Services and each order and purchase of a Product shall be governed by English law.
You can contact us by post at iPrintPhoto, Unit 12 Emley Moor Business Park, Leys Lane, Emley, Huddersfield, West Yorkshire, HD8 9QY. We will send our notices to you by email to the email address specified in your Account.