We are committed to the respect of your privacy and maintaining a safe and secure mobile shopping service.
1. Acceptance of Agreement.
As a registered user of the Mobile app (a "User") you may submit photos to the Publisher for display on the Mobile app. You are responsible for all items uploaded under your account (the "Account").
You may not submit items that are abusive to other Users of the Mobile app. In addition you may not submit copyrighted material without obtaining the appropriate permission from the owner of such material, material containing pornographic or obscene materials or any material that is harmful to anyone, illegal under any applicable law or provides a link to information that is harmful or illegal under any applicable law. You hereby represent and warrant that all items submitted by you to be hosted on the Mobile app (i) are validly owned or licensed by you, with full rights to publish them on the Mobile app; (ii) do not contain any pornographic or obscene material; and (iii) do not contain any material that is harmful to anyone or is illegal under any applicable law.
The Publisher offers free unlimited storage of images to its Users. The Publisher reserves the right to change this policy at any time by an amendment to this Agreement posted on the Mobile app.
The Publisher shall not be liable for damages due to any loss of data occurring as a result of your failure to maintain a backup copy of any images that are uploaded to the Mobile app.
The Publisher reserves the absolute right to modify any images submitted by you to the Mobile app, as a part of the upload process.The Publisher reserves the right to delete, archive photos of the user if the user is inactive for a period of 120 days. The Publisher also reserves the right to delete your account and all data associated with it. Inactivity is defined as not placing an order on the mobile app. The publisher will send an email communication to the registered email address of the user and provide a 7 day notice before the photos are deleted. The Publisher reserves the right to change the definition of inactivity by an amendment to this Agreement posted on the Mobile app.
The Publisher hereby specifically acknowledges that it shall acquire no ownership rights over any images you upload to the Mobile app. You however specifically agree that the Publisher shall have, and you shall, where required, procure for the Publisher, the unfettered rights to use such images for the specific purpose of displaying them on the Mobile app, and any other purpose you specifically authorize.
3. Age restriction.
You are aware that Users must be at least thirteen (13) years of age to use the Mobile app. You hereby represent and warrant that you are at least thirteen (13) years of age.
Print Quality: You agree that you shall have no claims against the Publisher regarding the quality of any products purchased by you from the Purchaser so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.
Delivery of Order: Please allow a reasonable period of time for the delivery of any products ordered from the Mobile app. Complaints or requests for refund must be communicated to the Publisher within a reasonable period of placing the order, in the event of non-delivery, or within ten (10) days of delivery of the order, in the event of a defect in the delivered product.
Payment: No order shall be considered confirmed until such confirmation is communicated to you in writing by the Publisher. You agree to render payment for any goods or services purchased from the Publisher on the Mobile app in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms hereof.
The Content and Materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Mobile app are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Mobile app is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the Mobile app except where the ownership rights to such Content and Materials already vested with you prior to upload to the Mobile app. You acknowledge that some of the Content and Materials on the Mobile app is the copyrighted work of third parties.
6. Service Marks.
"Phototown," the Publisher's floating camera logo, and others are the Publisher's service marks or registered service marks or trademarks. Other product and company names mentioned on the Mobile app may be trademarks of their respective owners.
7. Restrictions and Prohibitions on Use.
The Mobile app may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Mobile app is accurate and complies with applicable laws and the Publisher shall have no liability whatsoever in that regard. The Publisher shall not be liable for any illegality or any error, inaccuracy or problem in any Content and Material provided by any advertiser or sponsor.
Certain sections of, or offerings from, the Mobile app may require you to register as a User by creating an Account. If registration is requested, you agree to provide the Publisher with accurate, complete registration information. Each Account is for your personal use only and shall not be created on behalf of any other person or entity. You agree that any Account registered by you shall not involve (a) any person other than you making use of such Account; or (b) access through a single Account being made available to multiple users on a network. You hereby agree that you shall be liable for any failure to prevent such unauthorized use of your Account. Publisher may suspend any account suspected of unauthorized use at any time
Creating multiple Accounts for a single User with the purpose of abusing Publisher's special offers (including introductory free prints)(the "Special Offers") is strictly prohibited and considered abuse of the Mobile app. You agree that you will not take part in abuse of Publisher's Special Offers through the creation of multiple accounts. Publisher may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.
10. Errors, Corrections and Changes.
The Publisher does not represent or warrant that the Mobile app will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Publisher does not represent or warrant that the information available on or through the Mobile app will be correct, accurate, timely or otherwise reliable. The Publisher reserves the absolute right to make changes to the features, functionality or Content and Materials of the Mobile app at any time. The Publisher reserves the absolute right, in its sole discretion, to edit or delete any documents, information or other Content and Materials appearing on the Mobile app and you agree that you shall have no recourse to the Publisher as regards any such editing or deletion.
11. Third Party Content.
Third party Content and Materials may appear on the Mobile app or may be accessible via hyperlinks from the Mobile app. The Publisher is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content and Materials appearing on the Mobile app or accessible via hyperlinks from the Mobile app.
12. Unlawful Activity.
You agree to indemnify, defend and hold the Publisher and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the Mobile app.
Your right to use the Mobile app is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Mobile app is not transferable or assignable.
THE CONTENT AND MATERIAL FROM OR THROUGH THE MOBILE APP ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE PUBLISHER AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE PUBLISHER AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE PUBLISHER AND YOU. THIS MOBILE APP AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE MOBILE APP OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
16. Limitation of Liability.
The Publisher and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Mobile app or any services or products obtainable therefrom; (b) the unavailability or interruption of the Mobile app or any features thereof; (c) your use of the Mobile app; (d) the Content and Materials contained on the Mobile app; or (e) any delay or failure in performance beyond the control the Publisher or any Affiliated Party.
THE AGGREGATE LIABILITY OF THE PUBLISHER AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE MOBILE APP AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED UNITED STATES DOLLARS ONE HUNDRED ONLY (USD 100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE PUBLISHER AND ANY AFFILIATED PARTY.
17. Use of Information.
You represent and warrant that if you are purchasing something from the Publisher or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
20. Copyrights and Copyright Agents.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Publisher's Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Mobile app;
Your address, telephone number, and email address;
A 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; and
An affidavit, 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.
The Publisher’s Copyright Agent for notice of claims of copyright infringement on the Mobile app can be reached by directing an e-mail to the Copyright Agent at via our Helpdesk.
21. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Mobile app and the Content and Materials provided therein.
22. Refund and Return Policy.
To the extent that you purchase any goods or services directly from the Publisher, the Publisher will refund to you your purchase price within thirty (30) days of you notifying the Publisher in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on the Mobile app are sold by third parties or are linked to third party web mobile apps, and the Publisher shall have no responsibility or liability for those products or services. You may request a refund by contacting the Publisher by email via Phototown's Helpdesk. You may obtain any additional information concerning the Publisher’s refund and return policy, including the Publisher’s mailing address, by contacting the Publisher at Phototown's Helpdesk.
23. Cancellation Policy.
Orders for the Publisher's printed products can only be cancelled if they are in a payment pending stage or the product has not been sent for processing. Since the Publisher's printing systems are completely automated, an order cannot be cancelled once it has already been sent for processing. On cancellation of the order, the entire order amount will be refunded to the customer. You may request a cancellation by contacting the Publisher by email via Phototown's Helpdesk.
24. Shipping & Delivery Policy.
The Publisher dispatches all deliveries using a selection of empanelled courier partners. The Courier service used for your order will depend on the serviceability of the pincode by the Publisher's courier partners. If there is no courier service available for your destination, Publisher will ship your product via Speedpost services provided by the Indian Postal Service. All international deliveries to destinations outside India are sent by Fedex.
The estimated delivery time for your order will vary based on the nature of product and the destination for shipping.
This Agreement shall be treated as though it were executed and performed in Tirupati, India, [and shall be governed by and construed in accordance with the laws of the Republic of India (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by the Publisher in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Mobile app is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Publisher’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Publisher's rights under this Agreement shall survive any termination or modification of this Agreement.
The Publisher may terminate your membership/Account or delete any Content and Materials uploaded by you to the Mobile app at any time without notice for any reason including contravention of this Agreement or any applicable law.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by the Publisher to collect or recover damages for, or obtain any injunction relating to, Mobile app operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tirupati, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Publisher may seek any interim or preliminary relief from a court of competent jurisdiction in Tirupati, India necessary to protect the rights or property of you and the Publisher pending the completion of arbitration. Subject to the foregoing, the courts of Tirupati, India shall have jurisdiction over any dispute arising hereunder.