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TERMS & CONDITIONS |
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These Terms constitute
the entire agreement between you and us with respect
to this Service, and supersede all other communications,
written or oral, with regard to the Service. |
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| Fotokraze provides printing and
delivery services of digital photographs to recipients
in India. It is important that you carefully review
the Terms and Conditions set out below (the "Terms").
By entering and using the Site, you indicate that
you accept these Terms and that you agree to be
bound by them. Acceptance of these Terms creates
a binding contract between you and Fotokraze that
you will use the Service only in a manner consistent
with these Terms. If you have questions about these
Terms, please contact customersupport@fotokraze.com Services
of Fotokraze are for personal use only. |
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| If you do not agree with
these Terms, do not access or use the Service |
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| The Service is available to you
if you submit certain requested information to Fotokraze
site, including (but not limited to) your name and
correct email address. In addition, by using the
Service, you agree to provide the Company with true,
accurate, current and complete information about
yourself when such information is requested by the
Service (whether by questionnaires, surveys, registration
forms or other informational requests). |
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| Age requirements.
Fotokraze membership is open to people who are at
least 13 years of age or above. If you, your parent
or guardian, have any concerns please feel free
to contact us. |
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| 1. Membership. |
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| : will have access to upload, share, print, make greeting cards, photo CD’s, photo albums besides you can also order gifts at our online gift shop for your loved and near & dear. Besides you will also be able to use the services of our franchises to upload photos from your conventional film rolls processed onto our website using your login id. |
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| 2.Proper conduct. |
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We are committed to ensuring that our Service remains a fun and safe place to upload, print, store and share photographs. You may not upload, or permit others to upload, any Prohibited material to the Service
You will NOT post, place or transmit any threatening, defamatory, abusive, racist, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law
Your content should not include viruses, worms, corrupt files, Trojan horses and other forms of corruptive code, or any other content which may compromise the Service or other content that may damage the Service, the network, or any other User's equipment or software.
Fotokraze reserves the right in its discretion to delete such material without notice, and take appropriate legal action.
Fotokraze has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although Fotokraze does not and will not examine and review all Content submitted or transmitted to the Service, Fotokraze has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice
Notwithstanding the above, when you access the Fotokraze Site and/or use the Service, you acknowledge and agree that all content (whether private or public) that is posted and stored on the Site is the sole responsibility of the Member. In other words, the Member is responsible for any Content that he/she submits. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and the Member take sole responsibility for such exposure. Finally, you acknowledge that Fotokraze in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall Fotokraze be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.
By viewing the site you maybe exposed to content that you consider to be offensive,you take sole responsibility for such exposure.
Fotokraze in no way guarantees the accuracy, quality or appropriateness of content available through the service. |
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| 3.Printing.
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| While all care and effort is taken in good faith to provide the best service, fotokraze does not guarantee the quality of the photographs delivered as quality of prints are dependent on the quality of the digital file or original pictures uploaded by you. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipients. |
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| 4.Responsibility. |
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| You need to submit requested information to Fotokraze, including your name and correct email address. The photographs that you send or share are the sole responsibility of the person who submitted it. |
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| 5.Access to your photographs |
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| Fotokraze will be able to view only the images that you select and share. Fotokraze will not have access to your entire account. Fotokraze will access your album with the sole intention of printing the photographs and delivering them to the destination address you have chosen. Fotokraze will not use the photographs for any other purpose. Fotokraze will store your digital photographs only till they are printed. |
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| 6.No Resale of Service. |
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| As a Fotokraze user, you will not use or access the Service for any commercial purpose. |
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| 7.Usage of Site. |
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| . Fotokraze does not guarantee that the use of the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Fotokraze is not liable or responsible in any manner. |
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| 8.Privacy Policy. |
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| We respect your privacy and have taken specific steps to protect it, for further details you can check our privacy policy. |
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| 9. Storage Policy |
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.After accepting membership you will be provided free online storage for storing images. To continue enjoying the services, you need to make a purchase from the website at least once every 6 months for Free & Lab members. IF you don’t purchase anything from the website within 6 months period we may terminate membership of your account.
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You should always preserve your original content, or make backup copies of such content on your personal system. You should not use the service as the only repository or other source for your content.
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| 10. Order &
Delivery. |
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| We will accept any order that you may place using our service, however if at any point of processing your order we identify that the order placed is not adhering to these Terms & Conditions we will have the right to cancel your order or refuse to accept the same and send a notification accordingly to you. |
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| Orders maybe refused without explanation and entirely at the discretion of Fotokraze. |
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| All items purchased through Fotokraze are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. |
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| Time for delivery is an estimate only and it is not a condition of this agreement. |
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11.
Allowable Photo file types & Sizes. |
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The following filetypes of image files are in
your account : |
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- .gif (Compuserve Graphics Interchange format)
- .jpg/.jpeg (JPEG format)
- .png (Portable Network Graphics Format)
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The maximum individual file
size is 8MB, any individual photos exceeding this
limit located by Fotokraze will be automatically
deleted. |
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If you upload an image with
more than nine mega pixel of resolution,
Fotokraze may in its discretion down sample the
image. |
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12. Payment
& Fees |
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| Fees / Charges / Taxes: Fees for Fotokraze products and services shall be determined by Fotokraze's price list, as the same may be amended from time to time. Member is responsible for payment of all fees, charges, and taxes accrued on Member's account under this Agreement. All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Service, as well as charges related to goods and services provided by third parties but acquired through the Service. Member will not be entitled to any credits, rebates, or refunds for times when the Service is down or otherwise unavailable. You can visit these links to view our pricing information: Pricing. |
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| 13. Cost of ancillary computer equipment and services : |
| Member is responsible for and must provide all computer, telephone and other equipment and services necessary to access the Service. In addition, Member is responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Service. |
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The purchase price is payable
in advance by credit\debit card. We reserve the
right to refer to your credit\debit card provider
and any other credit reference agency or bank.
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Payment Terms:
All charges incurred for use of the Service will be paid at the time the product or services are purchased. If at any time a credit card charge, or payment check is refused, Fotokraze may, at its sole discretion, immediately suspend or terminate this Agreement, but Member will still be responsible for all charges incurred. If any payment due is not made by the Member, Fotokraze may, in addition to its other remedies, at its sole discretion and without notice to the Member, (a) suspend its performance under this Agreement and the Member's access to and use of the Service, or (b) terminate this Agreement and Member's access to and the use of the Service |
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| Pricing, product availability and offers are subject to change without prior notice. We reserve the right to make changes without notice due to market conditions, manufacturer or supplier product discontinuation, or typographical, photographic or technical errors in on-line or print advertising. |
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| 13.Billing |
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| When you place an order Fotokraze will not bill you until we ship the items ordered. Fotokraze reserves the right to ship partial orders(at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit\debit card at the time of shipment. |
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| 14. Shipping |
| Kindly
visit the website of our shipping partners at .............................
for a better insight into their terms and conditions
of delivery. |
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| 15.Third Party Links & Software |
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| As a convenience to our users, Fotokraze may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. |
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| By downloading third party software, you acknowledge and agree that Fotokraze does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. Fotokraze makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service |
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| 16. Copyright |
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| What the Member License to Fotokraze |
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| In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all Content on the Service (in accordance with and subject to these Terms, of course). Accordingly, as a condition of use, you hereby grant Fotokraze a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition of use, you represent and warrant to Fotokraze that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. |
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Copyright Protection for
Content on the Service
All the information, Content, image files, software and materials offered by our Service are protected by international copyright laws and by other applicable laws. You understand that fotokraze is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). Fotokraze has the absolute right to terminate your account or exclude you from the Site if you use the Service to violate the intellectual property rights of third parties. |
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| If you believe that your work
or the work of another has been copied in a way
that constitutes copyright infringement, write to
customersupport@fotokraze.com |
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| 17. Indemnity. |
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| You will indemnify,defend and hold harmless Fotokraze, including its Officers,Directors,Employees,Affliates,Licensors,Suppliers,Information
Providers, and Agents (Collectively "FOTOKRAZE AFFLIATES") From and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms or any activity related to your
account (Including negligent or wrongful conduct) by you or any other person
accessing the service using your account. FotoKraze's liability in all instances
will be limited to the amount of the prints to be delivered. |
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| 18. Limited Warrant. |
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| (A) No Liability for Content in no event will Fotokraze or Fotokraze affiliates be liable for any claim of any nature, whether direct or indirect, arising from or related to (1)Content made available on or through the service, including errors or omissions in such content, or (2)Loss or Damage incurred as a result of content. |
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| (B) Exclusive Remedy Any product or service made available through the service is provided on an "as is" and "as available" basis.Your use of the service is at your own risk. |
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| (C) Disclaimer except for the above express limited warranty, to the extent permitted under applicable law, Fotokraze and Fotokraze affiliates expressly disclaim all warranties of any kind, whether express or implied, including the implied
warranties of merchantability, satisfactory quality, fitness for a particular
pufotokrazerose, and non-infringement. Fotokraze makes no warranty that
(l)The site or service will be provided in a manner that is
uninterrupted,timely,secure,or error free,(ll)The site or service are or will
be free of viruses or other harmful components, or (lll)The service or site will meet your requirements.Fotokraze makes no warranties of any kind with respect to software, goods or services that are purchased, accessed, or obtained through the site or that are advertised on the site.Any material downloaded or otherwise obtained through the use of the service is at your own descretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material |
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| 19.Limitation of Liability |
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| To the fullest extent permitted under law, Fotokraze will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any direct, incidental, indirect, special, or consequential damages or liabilities (including any loss of data,revenue or profit) arising with respect to your use of the site or the service, even if you have been advised of the possibility of such damages.This limitation applies to damages arising from (1)Use or inability to use the service, (2)Cost of procurement of substitute goods and services (3)Unauthorised access to or alteration of your transmissions by third parties, (4)Third party content made available to you through the service, or (5)Any other matter relating to the service. |
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| 20.Termination. |
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| By Member: You may terminate the
Member Agreement at any time. To terminate the Member
Agreement, you must notify Fotokraze by sending
e-mail to customersupport@fotokraze.com from the email address
that you used to create your Fotokraze account.
After receipt of your termination notice, Fotokraze
will terminate your account and will delete all
images and content uploaded and the same will no
longer be available. |
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| By Fotokraze: Fotokraze may terminate
the Member Agreement at any time in the event of
a breach of this Agreement by Member or anyone accessing
the Service using Member's Member Name. Fotokraze,
at its sole discretion, may also terminate this
Agreement at any time without cause, and may suspend
access to the Service with or without notice, to
any User. |
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| Continuing Obligations After Termination: Termination or suspension of an account does not
relieve you of any obligations you have accrued,
including payment of any charges due in connection
with an account. You are responsible for payment
of all such charges. Further, you agree that Fotokraze
shall not be liable to you or any third-party for
any termination of your access to the Service. |
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| 20.Choice of Law |
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| TThis agreement is deemed to be made in Bangalore, India and governed by the Indian laws. Courts in Bangalore are the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and services on fotokraze’s website. |
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| 21.Modification of Terms |
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| Fotokraze reserves the right to
amend these Terms at any time, for any reason, and
without notice, including the right to terminate
the Service or any part of the Service. |
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| 22.Miscellaneous. |
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| We may assign our rights and responsibilities
hereunder without notice to you. |
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| Fotokraze reserves the right to
restrict access to our servers from areas of the
globe with high level of abusive activity. These
areas change periodically based on the origins of
this inappropriate activity |
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| 23. Reporting Violations |
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| You can report abuse of these
Terms to customersupport@fotokraze.com |
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| 24. Entire Agreement |
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| These Terms constitute the entire
agreement between you (the Member) and Fotokraze,
and govern your use of the Service, superseding
any prior agreements between you and FOTOKRAZE.
In the case of inconsistencies between these Terms
and information included in off-line materials,
(e.g., promotional materials and mailers), these
Terms will always control. You may also be subject
to additional Terms and Conditions that may apply
when you use affiliate services, third-party content
or third-party software. |
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| The failure of Fotokraze to exercise
or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the
Terms remain in full force and effect. |
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| You agree that regardless of any
statute or law to the contrary, any claim or cause
of action arising out of or related to use of the
Service or the Terms must be filed within one (1)
year after such claim or cause of action arose or
be forever barred. |
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