This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with Easy Photo Books and set up an Account). The term "User" refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website or Service.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Easy Photo Books Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the "My Easy Photo Books Account" page. Easy Photo Books may terminate your membership at any time and for any reason, effective upon sending notice to you at the then-current e-mail address in your account profile. Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your Easy Photo Books profile information from our live databases as well as any Content that you uploaded to the Easy Photo Books Website using such Account. Easy Photo Books will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that Easy Photo Books reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by Easy Photo Books on the Website. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to Easy Photo Books as set forth on the Website.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your province. You will be required to give us a valid credit card number (VISA, MasterCard, or any other issuer then accepted by us) and associated payment information at the time you order Books or any other products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. Easy Photo Books accept cash, Credit card and EFT, but currently does not accept cheques or any other payment form. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Easy Photo Books invoices the credit card for all amounts due and payable. By providing Easy Photo Books with your credit card number and associated payment information, you agree that Easy Photo Books is authorized to immediately invoice your account for all fees and charges due and payable to Easy Photo Books as a result of your purchase of any Books or other products. You agree to immediately notify Easy Photo Books of any change in your billing address or the credit card used for payment hereunder. Easy Photo Books reserves the right, at any time, to change its prices and billing methods for Books and other products sold, either immediately upon posting on the Website, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes, unless you provide Easy Photo Books with sufficient evidence that the order and purchase is made solely for the resale or redistribution of the Books or other product to your customers) at the rates in effect when the charges were incurred.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address: Easy Photo Books Customer Service, 16 Rissik Street, Louis Trichardt, Limpopo, 0920, or via Easy Photo Books Order Support. If Easy Photo Books does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Easy Photo Books or its agents.
4.4 Returns. All sales of Books and other products are subject to Easy Photo Books then-current return policies, as posted on the Website.
4.5 Gift Cards. You agree to the terms and conditions for gift cards that Easy Photo Books offers ("Gift Cards") as may be found here and which are hereby incorporated by reference and may be amended from time to time by Easy Photo Books in its sole discretion.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify Easy Photo Books acceptance of your order, nor does it constitute confirmation of our offer to sell. Easy Photo Books reserves the right at any time after receipt of your order to accept or decline your order for any reason. Easy Photo Books further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Easy Photo Books upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify Easy Photo Books immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
7. Your Books Content.
7.1 Definitions. "Content" includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your "Books Content" includes Content that you include in the Books, submit to Easy Photo Books for Books and print services, or that you contribute to the Books of other Members. Easy Photo Books Has No Ownership Of Any Of Your Books Content.
7.2 Ownership of Your Books Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Books Content that you provide to and post on the Services, contribute to other Members, or provide for our print services to have them printed in a Books, and (ii) your Books Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
7.3 Submission of Your Books Content. You may use any Easy Photo Books self-publishing software to submit your Books Content to Easy Photo Books for publication or submit your Books Content by providing us with a PDF which meets the specifications required by Easy Photo Books.
8. Easy Photo Books Content. The Services contain Content of Easy Photo Books and its licensors ("Easy Photo Books Content"). Easy Photo Books and its licensors (including Users) own and retain all proprietary rights in the Easy Photo Books Content and the Services. Easy Photo Books hereby grants you a limited, revocable, non-sub licensable license to reproduce and publicly display the Easy Photo Books Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Easy Photo Books Content.
9. Other Content. Notwithstanding Section 8.4.2 above, You hereby grant to Easy Photo Books an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, but not your Books Content, that you upload, post, email, transmit or otherwise make available on the Website ("Other Content"). Examples of Other Content include your digital correspondences with Easy Photo Books via social media, any public information you upload about a Books through our Website, and public profile information you provide through our Website. We may use Other Content in our internal and external marketing materials as well as to provide you with better service and support.
10. Your Content and Activity. You are solely responsible for any and all Books Content and Other Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that Easy Photo Books retains the right to create limits on Easy Photo Books archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
10.1 Prohibited Content. You may not include "published by Easy Photo Books," "Easy Photo Books publishing" or any other reference that directly or indirectly suggests or implies that Easy Photo Books is the publisher of the books that you create using the services. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. "Prohibited Content" includes Books Content or Other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of Easy Photo Books; or (xii) otherwise violates this Agreement or creates liability for Easy Photo Books. Easy Photo Books reserves the right to refuse to print any books that contains content that it determines in its sole discretion is prohibited content, and you agree to indemnify and hold Easy Photo Books and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
10.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
10.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
10.4 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any Easy Photo Books page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
10.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of Easy Photo Books. You will use the Services in a manner consistent with any and all applicable laws and regulations.
10.6 Enforcement by Easy Photo Books. Easy Photo Books has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of Easy Photo Books violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for Easy Photo Books, its suppliers, service providers, partner companies, or any User. Easy Photo Books reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
11. Copyright Policy. It is Easy Photo Books policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to Easy Photo Books by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services or used in any Books in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Easy Photo Books Copyright Agent for notice of claims of copyright infringement is as follows:
Easy Photo Books,
Attn: Copyright Agent
16 Rissik Street,
12. Third Parties and Other Users.
12.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because Easy Photo Books does not control such Content, you agree that Easy Photo Books is not responsible for any such Content, including advertising and information about third party products or services. Because Easy Photo Books does not have control over such Content, Easy Photo Books makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and Easy Photo Books assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
12.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality to make contributions to the books of other Members and to receive contributions from other Members to your own Books. You agree that Easy Photo Books will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), Easy Photo Books is under no obligation to become involved; however, Easy Photo Books reserves the right to monitor disputes between you and other Users.
13. Limited Warranty.
13.1 Limited Warranty for Books. Easy Photo Books warrants that, subject to minor differences across products and printing partners as described in Easy Photo Books Return Policy available at http://www.easyphotobooks.co.za, Books will be free of any material defects in materials and workmanship. Easy Photo Books will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to Easy Photo Books via Easy Photo Books’ Order Support within fourteen (14) days of your receipt thereof in accordance with the Return Policy.
13.2 Exceptions to Warranty. Easy Photo Books does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including books format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Books. Your books content cannot be edited once it is uploaded to the website. Therefore, you agree that you will not upload Books Content unless it has been fully proofed and you are satisfied that it is ready to be published. Easy Photo Books is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. Easy Photo Books assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Easy Photo Books is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Easy Photo Books be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
13.3 Disclaimers. To the extent legally permitted under the applicable laws, (a) the services are provided "as-is" and as available and except for the warranty set forth in section 14.1 above, (b) Easy Photo Books expressly disclaims any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
Some provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from province to province. For further warranty information you may contact Easy Photo Books customer support department at 16 Rissik Street, Louis Trichardt, Limpopo, 0920.
14. Limitation on Liability. To the extent legally permitted under applicable law, Easy Photo Books shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profit damages arising from your use of the services, even if Easy Photo Books has been advised of the possibility of such damages. Nothing in this agreement shall limit or exclude Easy Photo Books liability for gross negligence or intentional misconduct of Easy Photo Books or its agents or employees, or for death or personal injury.
Some provinces do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
15. Release. You hereby release Easy Photo Books, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
16. Indemnity. You agree to defend, indemnify, and hold Easy Photo Books, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
17. Electronic communications. The communications between you and Easy Photo Books use electronic means, whether you visit the Website or otherwise use the Service or send Easy Photo Books e-mails, or whether Easy Photo Books posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Easy Photo Books in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Easy Photo Books provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
18. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of South African without giving effect to any conflict of laws principles that may provide the application of the law of another province. You and Easy Photo Books agree to submit to the province of, and agree that venue is proper in, the state courts located in Thohoyandou, South Africa in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent province. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Easy Photo Books may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent province. Please note that the laws of the province where you are located may be different from South African law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of Books and other products from the Easy Photo Books Services.
19. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Books Content, that would reasonably contradict anything in this section.
20. Notices. Easy Photo Books may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with Easy Photo Books, or by written communication sent by first class mail or pre-paid post to your address on record with Easy Photo Books. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Easy Photo Books, addressed to the attention of its Chief Operating Officer (such notice shall be deemed given when received by Easy Photo Books) at any time by any of the following: letter sent by confirmed facsimile to Easy Photo Books at the following fax number: 415-362-2078, letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Easy Photo Books at the following address: Chief Operating Officer, Easy Photo Books, 16 Rissik Street, Louis Trichardt, Limpopo, 0920.
22. Copyright/Trademark Information. Copyright © 2019, Easy Photo Books. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website or in connection with the Services are the property of Easy Photo Books a division of Leach printers and designs or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.